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1 | AN ACT concerning local government.
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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 |
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1 | Code.
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2 | If the area contains fewer than 7,500 residents and lies | ||||||
3 | within 1 1/2
miles of the boundary line of any existing | ||||||
4 | municipality, the consent of the
existing municipality must be | ||||||
5 | obtained before the area may be incorporated.
No area in a | ||||||
6 | county with a population of 150,000 or more that is
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7 | incorporating under the provisions of this Section shall need | ||||||
8 | to obtain the
consent of any existing municipality before the | ||||||
9 | area may be incorporated.
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10 | In addition, any contiguous territory in a county of | ||||||
11 | 150,000 or more
population which otherwise meets the | ||||||
12 | requirements of this Section may be
incorporated as a village | ||||||
13 | pursuant to the provisions of this Section if (1)
any part of | ||||||
14 | such territory is situated within
10 miles of a county
with a
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15 | population less than 150,000 and a petition is filed pursuant | ||||||
16 | to
this
Section before January 1,
1991 or (2) any part of the | ||||||
17 | territory is situated
within 25 miles of the Illinois state | ||||||
18 | line in a county having a
population,
according to the 1990 | ||||||
19 | federal decennial census, of at least 150,000 but less
than | ||||||
20 | 185,000 and a petition is filed pursuant to
this Section before | ||||||
21 | January 1, 1998.
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22 | In addition, contiguous territory not exceeding 2 square | ||||||
23 | miles in a county
with a population of not less than 187,000 | ||||||
24 | and not more than 190,000 that
otherwise meets the requirements | ||||||
25 | of
this Section may be incorporated as a village pursuant to | ||||||
26 | the provisions of
this Section if (1) any part of the territory |
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1 | is situated within 13 miles of a
county with a population of | ||||||
2 | less than 38,000 and more than 36,000 and (2) a petition is | ||||||
3 | filed in
the manner provided in this Section before January 1, | ||||||
4 | 2005. The
requirements
of Section 2-3-18 concerning | ||||||
5 | compatibility with the official plan for
development of the | ||||||
6 | county shall not
apply
to any territory seeking incorporation | ||||||
7 | under this paragraph.
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8 | In addition, contiguous territory not exceeding 13 square | ||||||
9 | miles in a county with a population of not less than 21,000 and | ||||||
10 | not more than 23,000, as determined by the last preceding | ||||||
11 | federal census, that otherwise meets the requirements of this | ||||||
12 | Section may be incorporated as a village pursuant to the | ||||||
13 | provisions of this Section if the territory is located in a | ||||||
14 | county that borders 2 states. | ||||||
15 | (Source: P.A. 93-1058, eff. 12-2-04.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
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