093_HB2248

 
                                     LRB093 06750 MKM 06885 b

 1        AN ACT concerning municipalities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    changing Section 2-3-5 as follows:

 6        (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
 7        Sec.  2-3-5.  Whenever in any county of less than 150,000
 8    population  as  determined  by  the  last  preceding  federal
 9    census, any area of contiguous  territory,  not  exceeding  2
10    square  miles,  not  already  included  within  the corporate
11    limits of any municipality, has residing thereon at least 200
12    inhabitants living in dwellings other than those designed  to
13    be  mobile,  and is owned by at least 30 different owners, it
14    may be incorporated as a village as follows:
15        35 electors residing within the area may  file  with  the
16    circuit  clerk of the county in which such area is situated a
17    petition addressed to the circuit court for that county.
18        The petition shall set forth (1) a  definite  description
19    of the lands intended to be embraced in the proposed village,
20    (2)  the number of inhabitants residing therein, (3) the name
21    of the proposed village, and (4) a prayer that a question  be
22    submitted  to  the electors residing within the limits of the
23    proposed village whether they will incorporate as  a  village
24    under this Code.
25        If  the area contains fewer than 7,500 residents and lies
26    within 1 1/2 miles of  the  boundary  line  of  any  existing
27    municipality,  the  consent of the existing municipality must
28    be obtained before the area may be incorporated. No area in a
29    county  with  a  population  of  150,000  or  more  that   is
30    incorporating under the provisions of this Section shall need
31    to obtain the consent of any existing municipality before the
 
                            -2-      LRB093 06750 MKM 06885 b
 1    area may be incorporated.
 2        In  addition,  any  contiguous  territory  in a county of
 3    150,000  or  more  population  which  otherwise   meets   the
 4    requirements of this Section may be incorporated as a village
 5    pursuant to the provisions of this Section if (1) any part of
 6    such territory is situated within 10 miles of a county with a
 7    population less than 150,000 and a petition is filed pursuant
 8    to this Section before January 1, 1991 or (2) any part of the
 9    territory  is  situated within 25 miles of the Illinois state
10    line in a county having a population, according to  the  1990
11    federal  decennial  census, of at least 150,000 but less than
12    185,000 and a petition is  filed  pursuant  to  this  Section
13    before January 1, 1998.
14        In  addition, contiguous territory not exceeding 2 square
15    miles in a county with a population of not less than  300,000
16    and   not   more   than  350,000  that  otherwise  meets  the
17    requirements of this Section may be incorporated as a village
18    pursuant to the provisions of this Section if (1) any part of
19    the territory is situated within 2 miles of a county  with  a
20    population  of  less than 150,000 and (2) a petition is filed
21    in the manner provided in this Section before  July  1,  2004
22    2001.    The   requirements   of  Section  2-3-18  concerning
23    compatibility with the official plan for development  of  the
24    county shall not apply to any territory seeking incorporation
25    under this paragraph.
26    (Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.