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Public Act 093-1058 |
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AN ACT in relation to public bodies.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 2-3-5 and 11-151-2 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. Whenever in any county of less than 150,000 | ||||
population as
determined by the last preceding federal census, | ||||
any area of contiguous
territory, not exceeding 2 square miles, | ||||
not already included within the
corporate limits of any | ||||
municipality, has residing thereon at least 200
inhabitants | ||||
living in dwellings other than those designed to be mobile, and
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is owned by at least 30 different owners, it may be | ||||
incorporated as a village
as follows:
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35 electors residing within the area may file with the | ||||
circuit clerk of
the county in which such area is situated a | ||||
petition addressed to the
circuit court for that county.
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The petition shall set forth (1) a definite description of | ||||
the lands
intended to be embraced in the proposed village, (2) | ||||
the number of
inhabitants residing therein, (3) the name of the | ||||
proposed village, and (4)
a prayer that a question be submitted | ||||
to the electors residing within the
limits of the proposed | ||||
village whether they will incorporate as a village
under this | ||||
Code.
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If the area contains fewer than 7,500 residents and lies | ||||
within 1 1/2
miles of the boundary line of any existing | ||||
municipality, the consent of the
existing municipality must be | ||||
obtained before the area may be incorporated.
No area in a | ||||
county with a population of 150,000 or more that is
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incorporating under the provisions of this Section shall need | ||||
to obtain the
consent of any existing municipality before the | ||||
area may be incorporated.
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In addition, any contiguous territory in a county of | ||
150,000 or more
population which otherwise meets the | ||
requirements of this Section may be
incorporated as a village | ||
pursuant to the provisions of this Section if (1)
any part of | ||
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 | ||
to
this
Section before January 1,
1991 or (2) any part of the | ||
territory is situated
within 25 miles of the Illinois state | ||
line in a county having a
population,
according to the 1990 | ||
federal decennial census, of at least 150,000 but less
than | ||
185,000 and a petition is filed pursuant to
this Section before | ||
January 1, 1998.
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In addition, contiguous territory not exceeding 2 square | ||
miles in a county
with a population of not less than 187,000
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300,000 and not more than 190,000
350,000 that
otherwise meets | ||
the requirements of
this Section may be incorporated as a | ||
village pursuant to the provisions of
this Section if (1) any | ||
part of the territory is situated within 13
2 miles of a
county | ||
with a population of less than 38,000 and more than 36,000
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150,000 and (2) a petition is filed in
the manner provided in | ||
this Section before January 1, 2005
July 1, 2001 . The
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requirements
of Section 2-3-18 concerning compatibility with | ||
the official plan for
development of the county shall not
apply
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to any territory seeking incorporation under this paragraph.
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(Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)
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(65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
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Sec. 11-151-2. This Article does not apply to any public | ||
water district whose territory
is situated in 2 or more | ||
municipalities , except where one of the municipalities is | ||
incorporated after June 1, 2004 pursuant to the amendatory | ||
changes to Section 2-3-5 made by this amendatory Act of the | ||
93rd General Assembly . Nothing in this Article prohibits
a | ||
municipality from continuing to operate utility facilities | ||
which it owns
and operates, at the time territory is annexed to | ||
the municipality, in that
territory even though it is part of a |
public water district.
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(Source: P.A. 76-1356.)
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Section 10. The Public Water District Act is amended by | ||
changing Section 40 as follows:
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(70 ILCS 3705/40) (from Ch. 111 2/3, par. 212.15)
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Sec. 40.
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When part of the territory of a district organized under | ||
this Act is
annexed by a municipality, the board of trustees | ||
may enter such agreements
as are permitted under Section | ||
11-151-5 of the "Illinois Municipal Code".
If all of such | ||
territory is annexed by a municipality, the district shall
be | ||
abolished as provided in Section 11-151-4 of that Act and this | ||
Act then
becomes inapplicable to that territory. This Section | ||
does not apply to any
district whose territory is situated in 2 | ||
or more municipalities , except where one of the municipalities | ||
is incorporated after June 1, 2004 pursuant to the amendatory | ||
changes to Section 2-3-5 of the Illinois Municipal Code made by | ||
this amendatory Act of the 93rd General Assembly .
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Nothing in this Section authorizes a public water district | ||
to provide
water service to residents in territory within one | ||
mile or less of the
corporate limits of a municipality that | ||
operates a public water supply and
furnishes water service.
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(Source: P.A. 76-1357.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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