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Larry K. Bomke
Filed: 2/18/2004
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09300SB2151sam001 |
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LRB093 16644 MKM 47349 a |
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| AMENDMENT TO SENATE BILL 2151
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| AMENDMENT NO. ______. Amend Senate Bill 2151 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| changing Section 2-3-5 as follows:
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| (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
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| Sec. 2-3-5. Whenever in any county of less than 150,000 |
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| population as
determined by the last preceding federal census, |
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| any area of contiguous
territory, not exceeding 2 square miles, |
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| not already included within the
corporate limits of any |
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| municipality, has residing thereon at least 200
inhabitants |
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| living in dwellings other than those designed to be mobile, and
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| is owned by at least 30 different owners, it may be |
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| incorporated as a village
as follows:
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| 35 electors residing within the area may file with the |
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| circuit clerk of
the county in which such area is situated a |
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| petition addressed to the
circuit court for that county.
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| The petition shall set forth (1) a definite description of |
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| the lands
intended to be embraced in the proposed village, (2) |
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| the number of
inhabitants residing therein, (3) the name of the |
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| proposed village, and (4)
a prayer that a question be submitted |
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| to the electors residing within the
limits of the proposed |
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| village whether they will incorporate as a village
under this |
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| Code.
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09300SB2151sam001 |
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LRB093 16644 MKM 47349 a |
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| If the area contains fewer than 7,500 residents and lies |
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| within 1 1/2
miles of the boundary line of any existing |
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| municipality, the consent of the
existing municipality must be |
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| obtained before the area may be incorporated.
No area in a |
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| county with a population of 150,000 or more that is
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| incorporating under the provisions of this Section shall need |
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| to obtain the
consent of any existing municipality before the |
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| area may be incorporated.
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| In addition, any contiguous territory in a county of |
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| 150,000 or more
population which otherwise meets the |
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| requirements of this Section may be
incorporated as a village |
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| pursuant to the provisions of this Section if (1)
any part of |
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| such territory is situated within
10 miles of a county
with a
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| population less than 150,000 and a petition is filed pursuant |
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| to
this
Section before January 1,
1991 or (2) any part of the |
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| territory is situated
within 25 miles of the Illinois state |
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| line in a county having a
population,
according to the 1990 |
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| federal decennial census, of at least 150,000 but less
than |
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| 185,000 and a petition is filed pursuant to
this Section before |
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| January 1, 1998.
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| In addition, contiguous territory not exceeding 2 square |
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| miles in a county
with a population of not less than 187,000
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| 300,000 and not more than 190,000
350,000 that
otherwise meets |
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| the requirements of
this Section may be incorporated as a |
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| village pursuant to the provisions of
this Section if (1) any |
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| part of the territory is situated within 13
2 miles of a
county |
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| with a population of less than 38,000 and more than 36,000
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| 150,000 and (2) a petition is filed in
the manner provided in |
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| this Section before January 1, 2005
July 1, 2001. The
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| requirements
of Section 2-3-18 concerning compatibility with |
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| the official plan for
development of the county shall not
apply
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| to any territory seeking incorporation under this paragraph.
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| (Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)
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