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[ Introduced ] | [ Senate Amendment 001 ] |
90_SB0612eng 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 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 SB612 Engrossed 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 SB612 Engrossed -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), provided that no tract of land in excess 26 of 10 acres in area may be included in the petition filed 27 with the circuit clerk of the county in which the area is 28 located without the express consent of the owner of the tract 29 of land. The consent of a municipality need not be obtained. 30 (Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94; 31 89-388, eff. 1-1-96.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.