State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

90_SB0612

      65 ILCS 5/2-3-5a          from Ch. 24, par. 2-3-5a
          Amends the Illinois Municipal  Code.   Provides  that  an
      area of continuous territory may be incorporated as a village
      by  petition if the area (i) is located in a county with more
      than 500,000 but fewer than 550,000  inhabitants,  (ii)  does
      not  not  exceed  5 square miles, (iii) has between 1,500 and
      3,000 inhabitants, and (iv) is located within 15 miles  of  a
      county  with  a  population of more than 5,000,000.  Provides
      that consent does not need to be obtained from a municipality
      located within one and one-half miles of the area.  Effective
      immediately.
                                                     LRB9001907PTcw
                                               LRB9001907PTcw
 1        AN ACT to amend the Illinois Municipal Code  by  changing
 2    Section 2-3-5a.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing Section 2-3-5a as follows:
 7        (65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
 8        Sec. 2-3-5a.  Incorporation of village.
 9        (a)  Whenever in any county of 150,000 or more population
10    as  determined  by the last preceding federal census any area
11    of contiguous territory contains at least 4 square miles  and
12    2500  inhabitants  residing in permanent dwellings, that area
13    may be incorporated as a village if a petition filed  by  250
14    electors  residing within that area is filed with the circuit
15    clerk of the county in which such area is  located  addressed
16    to  the circuit court for that county.  The petition must set
17    forth:
18             (1)   a legal description of the area intended to be
19        included in the proposed village,
20             (2)   the number of residents in that area,
21             (3)   the name of the proposed village, and
22             (4)   a   prayer   that   the   question   of    the
23        incorporation  of  the  area as a village be submitted to
24        the electors residing within the limits of  the  proposed
25        village.
26        If  the area contains fewer than 7,500 residents and lies
27    within  1 1/2  miles  of   the   limits   of   any   existing
28    municipality,  the  consent  of  that  municipality  must  be
29    obtained before the area may be incorporated.
30        (b)  If,  in  a county having more than 350,000 but fewer
31    than 400,000 inhabitants as determined by the last  preceding
                            -2-                LRB9001907PTcw
 1    federal  census,  an area of contiguous territory contains at
 2    least 3  square  miles  and  8,000  inhabitants  residing  in
 3    permanent  dwellings,  that  area  may  be  incorporated as a
 4    village in the same manner as is provided in subsection  (a).
 5    The consent of a municipality need not be obtained.
 6        (c)  If,  in  a county having more than 316,000 but fewer
 7    than 318,000 inhabitants as determined by the last  preceding
 8    federal census, an area of contiguous territory that does not
 9    exceed  one square mile and between 1000 and 1500 inhabitants
10    residing in permanent dwellings, and  is  located  within  10
11    miles  of  a county with a population of less than 150,000 as
12    determined by the last preceding federal  census,  that  area
13    may  be  incorporated  as  a village in the same manner as is
14    provided in subsection (a). The  consent  of  a  municipality
15    need not be obtained.
16        (d)  If an area of contiguous territory (i) is located in
17    a  county  having  more  than  500,000 but fewer than 550,000
18    inhabitants as  determined  by  the  last  preceding  federal
19    census,  (ii)  does  not  exceed  5  square  miles, (iii) has
20    between 1,500 and 3,000  inhabitants  residing  in  permanent
21    dwellings,  and  (iv)  is located within 15 miles of a county
22    with a population of more than 5,000,000 as determined by the
23    last  preceding  federal  census,  then  that  area  may   be
24    incorporated  as  a village in the same manner as is provided
25    in subsection (a). The consent of a municipality need not  be
26    obtained.
27    (Source:  P.A.  88-572,  eff.  8-11-94; 88-661, eff. 9-16-94;
28    89-388, eff. 1-1-96.)
29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.

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