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1 | AN ACT concerning municipalities.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 2-3-5 as follows:
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6 | (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
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7 | Sec. 2-3-5. Whenever in any county of less than 150,000 | ||||||
8 | population as
determined by the last preceding federal census, | ||||||
9 | any area of contiguous
territory, not exceeding 2 square miles, | ||||||
10 | not already included within the
corporate limits of any | ||||||
11 | municipality, has residing thereon at least 200
inhabitants | ||||||
12 | living in dwellings other than those designed to be mobile, and
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13 | is owned by at least 30 different owners, it may be | ||||||
14 | incorporated as a village
as follows:
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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.
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18 | The petition shall set forth (1) a definite description of | ||||||
19 | the lands
intended to be embraced in the proposed village, (2) | ||||||
20 | the number of
inhabitants residing therein, (3) the name of the | ||||||
21 | proposed village, and (4)
a prayer that a question be submitted | ||||||
22 | to the electors residing within the
limits of the proposed | ||||||
23 | village whether they will incorporate as a village
under this | ||||||
24 | Code.
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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 be | ||||||
28 | obtained before the area may be incorporated.
No area in a | ||||||
29 | county with a population of 150,000 or more that is
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30 | incorporating under the provisions of this Section shall need | ||||||
31 | to obtain the
consent of any existing municipality before the | ||||||
32 | area may be incorporated.
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1 | In addition, any contiguous territory in a county of | ||||||
2 | 150,000 or more
population which otherwise meets the | ||||||
3 | requirements of this Section may be
incorporated as a village | ||||||
4 | pursuant to the provisions of this Section if (1)
any part of | ||||||
5 | such territory is situated within
10 miles of a county
with a
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6 | population less than 150,000 and a petition is filed pursuant | ||||||
7 | to
this
Section before January 1,
1991 or (2) any part of the | ||||||
8 | territory is situated
within 25 miles of the Illinois state | ||||||
9 | line in a county having a
population,
according to the 1990 | ||||||
10 | federal decennial census, of at least 150,000 but less
than | ||||||
11 | 185,000 and a petition is filed pursuant to
this Section before | ||||||
12 | January 1, 1998.
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13 | In addition, contiguous territory not exceeding 2 square | ||||||
14 | miles in a county
with a population of not less than 187,000
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15 | 300,000 and not more than 190,000
350,000 that
otherwise meets | ||||||
16 | the requirements of
this Section may be incorporated as a | ||||||
17 | village pursuant to the provisions of
this Section if (1) any | ||||||
18 | part of the territory is situated within 13
2 miles of a
county | ||||||
19 | with a population of less than 38,000 and more than 36,000
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20 | 150,000 and (2) a petition is filed in
the manner provided in | ||||||
21 | this Section before January 1, 2005
July 1, 2001 . The
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22 | requirements
of Section 2-3-18 concerning compatibility with | ||||||
23 | the official plan for
development of the county shall not
apply
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24 | to any territory seeking incorporation under this paragraph.
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25 | (Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)
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26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law.
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