Public Act 093-1058
 
SB2256 Enrolled LRB093 15885 RCE 41502 b

    AN ACT in relation to public bodies.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 2-3-5 and 11-151-2 as follows:
 
    (65 ILCS 5/2-3-5)  (from Ch. 24, par. 2-3-5)
    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
is owned by at least 30 different owners, it may be
incorporated as a village as follows:
    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.
    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.
    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
incorporating under the provisions of this Section shall need
to obtain the consent of any existing municipality before the
area may be incorporated.
    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
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.
    In addition, contiguous territory not exceeding 2 square
miles in a county with a population of not less than 187,000
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
150,000 and (2) a petition is filed in the manner provided in
this Section before January 1, 2005 July 1, 2001. The
requirements of Section 2-3-18 concerning compatibility with
the official plan for development of the county shall not apply
to any territory seeking incorporation under this paragraph.
(Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)
 
    (65 ILCS 5/11-151-2)  (from Ch. 24, par. 11-151-2)
    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.
(Source: P.A. 76-1356.)
 
    Section 10. The Public Water District Act is amended by
changing Section 40 as follows:
 
    (70 ILCS 3705/40)  (from Ch. 111 2/3, par. 212.15)
    Sec. 40.
    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.
    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.
(Source: P.A. 76-1357.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.