State of Illinois
90th General Assembly
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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.

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