Full Text of SB2933 94th General Assembly
SB2933sam001 94TH GENERAL ASSEMBLY
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Sen. Chris Lauzen
Filed: 2/14/2006
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09400SB2933sam001 |
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LRB094 19063 HLH 55940 a |
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| AMENDMENT TO SENATE BILL 2933
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| AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 2-3-6 and 2-3-18 as follows:
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| (65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)
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| Sec. 2-3-6.
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| (a) Except as provided in subsection (b), upon
Upon the | 9 |
| filing of such a petition with the circuit
clerk, the court | 10 |
| shall hear testimony and rule that the area under
consideration | 11 |
| is or is not a village in fact. The ruling of the court
shall be | 12 |
| entered of record in the court. If
the court rules that
the | 13 |
| area does not constitute a village in fact, the petition to
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| incorporate the area as a village is denied and no subsequent | 15 |
| petition
concerning village incorporation of any of the land | 16 |
| described in the
earlier petition may be filed within one year. | 17 |
| If the court rules that
the area does constitute a village in | 18 |
| fact, such court shall enter an order
so finding and the | 19 |
| proposition shall be certified and submitted to the electors
of | 20 |
| such area in the manner provided by the general election law. | 21 |
| The proposition
shall be in substantially the following form:
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| Shall the territory (here YES
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| describe it) be incorporated as --------------------------
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| a village under the general law? NO
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| -------------------------------------------------------------
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| The result of the election shall be entered of record in
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| the court. If a majority of the votes cast at the election | 5 |
| favor
incorporation as a village under the general law the | 6 |
| inhabitants of the
territory described in the petition are | 7 |
| incorporated as a village under
this Code with the name stated | 8 |
| in the petition.
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| (b) For a petition for incorporation filed in a county with | 10 |
| a population of more than 400,000 but less than 500,000 as | 11 |
| determined by the last preceding federal census, the following | 12 |
| procedures shall apply. After the filing of the petition, the | 13 |
| circuit court shall fix an initial date for hearing on the | 14 |
| petition, which shall be not more than 30 nor less than 20 days | 15 |
| after the filing of the petition, or 60 days following the | 16 |
| effective date of this amendatory Act of the 94th General | 17 |
| Assembly, whichever date shall last occur. The petitioners | 18 |
| shall give notice of the incorporation petition not more than | 19 |
| 30 nor less than 15 days before the date set for hearing. The | 20 |
| notice shall state that a petition for incorporation has been | 21 |
| filed and give the substance thereof including the name of the | 22 |
| proposed village, a description of the territory to be | 23 |
| incorporated, the approximate total land area of and the | 24 |
| approximate number of persons residing within the territory as | 25 |
| determined by the last federal census, and the date fixed for | 26 |
| hearing. This notice shall be given by publication thereof at | 27 |
| least once in one or more newspapers published in the proposed | 28 |
| village, or if no newspaper is published therein, then in one | 29 |
| or more newspapers with a general circulation within the | 30 |
| proposed village.
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| Not less than 5 days prior to the date fixed for the | 32 |
| initial hearing on the petition, any person owning real | 33 |
| property or residing within the territory described in the | 34 |
| petition or any other interested person may file with the |
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| circuit clerk his or her objections (1) that the petition does | 2 |
| not comply with the requirements of the statutory Section under | 3 |
| which it is filed, the objections specifying in what regard the | 4 |
| petition does not comply, (2) that the owner of real property | 5 |
| located on the perimeter of the proposed village, or property | 6 |
| which becomes on the border upon the exclusion of an adjoining | 7 |
| subdivision, does not desire incorporation and requests | 8 |
| exclusion from the proposed village, or (3) that the persons | 9 |
| filing a group objection constitute a majority of the owners of | 10 |
| record of land within a recorded subdivision and a majority of | 11 |
| the electors, if any, residing within the subdivision, that the | 12 |
| subdivision is located on the border of the proposed village or | 13 |
| is separated therefrom by property owned by a forest preserve | 14 |
| district, or will be on the border upon the exclusion of an | 15 |
| adjacent subdivision a majority of the owners of record, and | 16 |
| electors, if any, of which have also filed a group objection | 17 |
| pursuant to this item (3), do not desire incorporation and | 18 |
| request exclusion from the proposed village. No appearance or | 19 |
| filing fee shall be required if the objection is based solely | 20 |
| on item (2) or (3). The clerk of the circuit court may | 21 |
| prescribe a form to be used for perimeter objections. No | 22 |
| signature executed prior to the effective date of this | 23 |
| amendatory Act of the 94th General Assembly shall be considered | 24 |
| defective by reason of predating that effective date.
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| The cause shall be heard without further pleadings. | 26 |
| Objections may be amended upon leave of court after the | 27 |
| determination of objections under items (2) and (3), or for | 28 |
| other cause as provided in the Code of Civil Procedure. At the | 29 |
| hearing, petitioners and any objector may be heard in person or | 30 |
| by counsel. The court may adjourn the hearing from time to time | 31 |
| as justice may require.
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| At the hearing, the court shall first hear and determine | 33 |
| all objections and requests for exclusion under items (2) and | 34 |
| (3). If the property of the objector or objectors is located on |
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| the perimeter of the proposed village and the exclusion of the | 2 |
| objector's territory will not destroy contiguity of the | 3 |
| remaining territory, the court shall sustain the objection, and | 4 |
| the petition and the legal description of the territory to be | 5 |
| incorporated shall be amended accordingly. For purposes of an | 6 |
| objection under item (2), two or more parcels may be combined | 7 |
| in one objection so long as the combined territory is located | 8 |
| on the perimeter. After the amendment of the petition, no | 9 |
| further proceedings shall be had unless and until the county | 10 |
| board shall have made the finding or findings required by | 11 |
| Section 2-3-18 of this Code.
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| If the petitioners fail to prove the allegations of the | 13 |
| petition, the petition shall be dismissed, but if the | 14 |
| petitioners prove the allegations of the petition, the court | 15 |
| shall enter an order making findings of fact in accordance with | 16 |
| the proof adduced. The order shall also designate the election | 17 |
| at which the question of incorporation shall be submitted.
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| The court shall certify its order and the proposition to | 19 |
| the proper election authorities to be voted upon by the | 20 |
| electors residing in the territory in the manner provided in | 21 |
| the general election law. The proposition shall be in | 22 |
| substantially the following form:
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| "Shall the territory (here describe it) be incorporated as | 24 |
| the village of (name) under the general law?"
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| The election authority must record the votes as "Yes" or | 26 |
| "No".
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| The results of the election shall be entered of record in | 28 |
| the court. If a majority of the votes cast at the election | 29 |
| favor incorporation as a village under the general law, the | 30 |
| inhabitants of the territory described in the petition are | 31 |
| incorporated as a village under this Code with the name stated | 32 |
| in the petition.
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| (Source: P.A. 83-343 .)
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| (65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)
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| Sec. 2-3-18.
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| In any county of between 150,000 and 1,000,000 population | 4 |
| which has
adopted an official plan under "An Act to provide for | 5 |
| regional planning and
for the creation, organization and powers | 6 |
| of regional planning
commissions", approved June 25, 1929, as | 7 |
| amended, the county board, by
resolution, may provide that | 8 |
| before the question of incorporating a village
under this | 9 |
| Division is submitted to the electors in response to a petition
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| filed under Section 2-3-5 , 2-3-5a, or 2-3-10 the county board | 11 |
| must first determine
that (1) the proposed incorporation is | 12 |
| compatible with the official plan
for the development of the | 13 |
| county, and (2) the lands described in the
petition as intended | 14 |
| to be embraced in the village constitute a sufficient
tax base | 15 |
| as will insure the ability of the village to provide all | 16 |
| necessary
municipal services to its inhabitants ; provided | 17 |
| that, as to any
petition filed after July 1, 2005 that is | 18 |
| pending on or after the effective date of this amendatory Act | 19 |
| of the 94th General Assembly, in a county with a population of | 20 |
| more than 400,000 but less than 500,000 as determined by the | 21 |
| last preceding federal census, whenever the area proposed
for | 22 |
| incorporation contains more than 10,000 inhabitants as
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| determined by the last preceding federal census, and the
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| equalized assessed valuation of the area during the calendar | 25 |
| year immediately preceding the year in which the petition to | 26 |
| incorporate is filed is not less
than $40,000 multiplied by the | 27 |
| number of inhabitants within the territory proposed to be | 28 |
| incorporated, as determined by the last preceding federal | 29 |
| census,
(i) it will be conclusively presumed that the lands | 30 |
| described in the
petition constitute a sufficient tax base to | 31 |
| ensure the ability
of the village to provide all necessary | 32 |
| municipal services to
its inhabitants, and no finding of the | 33 |
| county board shall be
required as to the tax base or ability to | 34 |
| provide municipal
services, and (ii) any provision of the |
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| official plan of the
county that requires a showing of ability | 2 |
| to provide such
municipal services shall be deemed satisfied; | 3 |
| provided further that, as to any such petition filed after July | 4 |
| 1, 2005 in a county with a population of more than 400,000 but | 5 |
| less than 500,000 as determined by the last preceding federal | 6 |
| census, the court shall make the determination of the | 7 |
| applicability of the presumption provided in this Section only | 8 |
| after the amendment of the petition to exclude all territory | 9 |
| that has requested exclusion under Section 2-3-6 of this Code. | 10 |
| No county with a population of more than 400,000 but less than | 11 |
| 500,000 as determined by the last preceding federal census | 12 |
| shall be required to provide any municipal services to a | 13 |
| village that has been incorporated without a determination of | 14 |
| the county board as to the ability of the proposed village to | 15 |
| provide such services having been made prior to the submission | 16 |
| of the question of incorporation to the electors . When such a | 17 |
| resolution is in effect,
the court in which such a petition is | 18 |
| filed shall first require a showing
that the required
those
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| determinations have been made by the county board. If no such
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| showing is made, the court shall deny the petition. If such a | 21 |
| showing is
made, the court shall proceed as provided in Section | 22 |
| 2-3-6 or 2-3-11, as
the case may be.
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| (Source: P.A. 76-676.)".
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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