Full Text of HB5923 096th General Assembly
HB5923enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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. | 8 |
| 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 | 10 |
| contiguous
territory, not exceeding 2 square miles, not already | 11 |
| included within the
corporate limits of any municipality, has | 12 |
| residing thereon at least 200
inhabitants living in dwellings | 13 |
| other than those designed to be mobile, and
is owned by at | 14 |
| 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 | 17 |
| circuit clerk of
the county in which such area is situated a | 18 |
| petition addressed to the
circuit court for that county.
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| The petition shall set forth (1) a definite description of | 20 |
| the lands
intended to be embraced in the proposed village, (2) | 21 |
| the number of
inhabitants residing therein, (3) the name of the | 22 |
| proposed village, and (4)
a prayer that a question be submitted | 23 |
| to the electors residing within the
limits of the proposed |
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HB5923 Enrolled |
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| village whether they will incorporate as a village
under this | 2 |
| Code.
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| If the area contains fewer than 7,500 residents and lies | 4 |
| within 1 1/2
miles of the boundary line of any existing | 5 |
| municipality, the consent of the
existing municipality must be | 6 |
| obtained before the area may be incorporated.
No area in a | 7 |
| county with a population of 150,000 or more that is
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| incorporating under the provisions of this Section shall need | 9 |
| to obtain the
consent of any existing municipality before the | 10 |
| area may be incorporated.
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| In addition, any contiguous territory in a county of | 12 |
| 150,000 or more
population which otherwise meets the | 13 |
| requirements of this Section may be
incorporated as a village | 14 |
| pursuant to the provisions of this Section if (1)
any part of | 15 |
| 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 | 17 |
| to
this
Section before January 1,
1991 or (2) any part of the | 18 |
| territory is situated
within 25 miles of the Illinois state | 19 |
| line in a county having a
population,
according to the 1990 | 20 |
| federal decennial census, of at least 150,000 but less
than | 21 |
| 185,000 and a petition is filed pursuant to
this Section before | 22 |
| January 1, 1998.
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| In addition, contiguous territory not exceeding 2 square | 24 |
| miles in a county
with a population of not less than 187,000 | 25 |
| and not more than 190,000 that
otherwise meets the requirements | 26 |
| of
this Section may be incorporated as a village pursuant to |
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HB5923 Enrolled |
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| the provisions of
this Section if (1) any part of the territory | 2 |
| is situated within 13 miles of a
county with a population of | 3 |
| less than 38,000 and more than 36,000 and (2) a petition is | 4 |
| filed in
the manner provided in this Section before January 1, | 5 |
| 2005. The
requirements
of Section 2-3-18 concerning | 6 |
| compatibility with the official plan for
development of the | 7 |
| county shall not
apply
to any territory seeking incorporation | 8 |
| under this paragraph. | 9 |
| In addition, contiguous territory not exceeding 0.7 square | 10 |
| miles having not less than 1,400 and not more than 1,600 | 11 |
| inhabitants, as determined by the 2000 federal decennial | 12 |
| census, living in dwellings other than those designed to be | 13 |
| mobile, located in a county of not less than 600,000 and not | 14 |
| more than 650,000 inhabitants, as determined by the 2000 | 15 |
| federal decennial census, that otherwise meets the | 16 |
| requirements of this Section may be incorporated as a village | 17 |
| pursuant to the provisions of this Section if the territory | 18 |
| includes a contiguous body of water of not less than 30 acres | 19 |
| and not more than 45 acres. The petition to the court required | 20 |
| by this Section shall in the case of the area described in this | 21 |
| paragraph also include a comprehensive plan that specifically | 22 |
| details the services that the newly incorporated municipality | 23 |
| shall provide and the estimated initial annual cost of those | 24 |
| services. If the area is incorporated following referendum | 25 |
| approval, then the newly incorporated municipality must | 26 |
| directly provide or contract for 24-hours-per-day, |
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HB5923 Enrolled |
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| 7-days-per-week law enforcement services. The consent of a | 2 |
| municipality need not be obtained before the territory may be | 3 |
| incorporated. The requirements of Section 2-3-18 concerning | 4 |
| compatibility with the official plan for development of the | 5 |
| county shall not apply to any territory seeking incorporation | 6 |
| 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 | 9 |
| becoming law.
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