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HB5923 Enrolled |
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LRB096 15275 RLJ 30366 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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. Incorporation of village; petition. |
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| Whenever in any county of less than 150,000 population as
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| determined by the last preceding federal census, any area of |
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| contiguous
territory, not exceeding 2 square miles, not already |
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| included within the
corporate limits of any municipality, has |
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| residing thereon at least 200
inhabitants living in dwellings |
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| other than those designed to be mobile, and
is owned by at |
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| least 30 different owners, it may be incorporated as a village
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| 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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HB5923 Enrolled |
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LRB096 15275 RLJ 30366 b |
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| village whether they will incorporate as a village
under this |
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| Code.
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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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| and not more than 190,000 that
otherwise meets the requirements |
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| of
this Section may be incorporated as a village pursuant to |
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HB5923 Enrolled |
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LRB096 15275 RLJ 30366 b |
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| the provisions of
this Section if (1) any part of the territory |
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| is situated within 13 miles of a
county with a population of |
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| less than 38,000 and more than 36,000 and (2) a petition is |
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| filed in
the manner provided in this Section before January 1, |
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| 2005. The
requirements
of Section 2-3-18 concerning |
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| compatibility with the official plan for
development of the |
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| county shall not
apply
to any territory seeking incorporation |
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| under this paragraph. |
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| In addition, contiguous territory not exceeding 0.7 square |
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| miles having not less than 1,400 and not more than 1,600 |
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| inhabitants, as determined by the 2000 federal decennial |
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| census, living in dwellings other than those designed to be |
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| mobile, located in a county of not less than 600,000 and not |
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| more than 650,000 inhabitants, as determined by the 2000 |
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| federal decennial census, that 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 the territory |
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| includes a contiguous body of water of not less than 30 acres |
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| and not more than 45 acres. The petition to the court required |
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| by this Section shall in the case of the area described in this |
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| paragraph also include a comprehensive plan that specifically |
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| details the services that the newly incorporated municipality |
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| shall provide and the estimated initial annual cost of those |
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| services. If the area is incorporated following referendum |
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| approval, then the newly incorporated municipality must |
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| directly provide or contract for 24-hours-per-day, |
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HB5923 Enrolled |
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LRB096 15275 RLJ 30366 b |
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| 7-days-per-week law enforcement services. The consent of a |
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| municipality need not be obtained before the territory may be |
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| incorporated. The requirements of Section 2-3-18 concerning |
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| compatibility with the official plan for development of the |
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| county shall not apply to any territory seeking incorporation |
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| under this paragraph.
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| (Source: P.A. 93-1058, eff. 12-2-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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