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90_HB0353
65 ILCS 5/2-3-5 from Ch. 24, par. 2-3-5
Amends the Illinois Municipal Code. Provides that
contiguous territory not exceeding 2 square miles in a county
with a population of 150,000 or more may be incorporated as a
village if any part of the territory is within 2 miles of a
county with a population of less than 150,000 and a petition
is filed with the circuit court within 2 years after the
effective date of this amendatory Act. Makes inapplicable to
this territory a provision that allows the county board to
determine that incorporation is compatible with the
development plan of the county and that the territory
constitutes a sufficient tax base for the village to provide
municipal services. Effective immediately.
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1 AN ACT amending the Illinois Municipal Code by changing
2 Section 2-3-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 2-3-5 as follows:
7 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
8 Sec. 2-3-5. Whenever in any county of less than 150,000
9 population as determined by the last preceding federal
10 census, any area of contiguous territory, not exceeding 2
11 square miles, not already included within the corporate
12 limits of any municipality, has residing thereon at least 200
13 inhabitants living in dwellings other than those designed to
14 be mobile, and is owned by at least 30 different owners, it
15 may be incorporated as a village as follows:
16 35 electors residing within the area may file with the
17 circuit clerk of the county in which such area is situated a
18 petition addressed to the circuit court for that county.
19 The petition shall set forth (1) a definite description
20 of the lands intended to be embraced in the proposed village,
21 (2) the number of inhabitants residing therein, (3) the name
22 of the proposed village, and (4) a prayer that a question be
23 submitted to the electors residing within the limits of the
24 proposed village whether they will incorporate as a village
25 under this Code.
26 If the area contains fewer than 7,500 residents and lies
27 within 1 1/2 miles of the boundary line of any existing
28 municipality, the consent of the existing municipality must
29 be obtained before the area may be incorporated. No area in a
30 county with a population of 150,000 or more that is
31 incorporating under the provisions of this Section shall need
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1 to obtain the consent of any existing municipality before the
2 area may be incorporated.
3 In addition, any contiguous territory in a county of
4 150,000 or more population which otherwise meets the
5 requirements of this Section may be incorporated as a village
6 pursuant to the provisions of this Section if (1) any part of
7 such territory is situated within 10 miles of a county with a
8 population less than 150,000 and a petition is filed pursuant
9 to this Section before January 1, 1991 or (2) any part of the
10 territory is situated within 25 miles of the Illinois state
11 line in a county having a population, according to the 1990
12 federal decennial census, of at least 150,000 but less than
13 185,000 and a petition is filed pursuant to this Section
14 before January 1, 1998.
15 In addition, contiguous territory not exceeding 2 square
16 miles in a county with a population of 150,000 or more that
17 otherwise meets the requirements of this Section may be
18 incorporated as a village pursuant to the provisions of this
19 Section if (1) any part of the territory is situated within 2
20 miles of a county with a population of less than 150,000 and
21 (2) a petition is filed in the manner provided in this
22 Section within 2 years after the effective date of this
23 amendatory Act of 1997. The requirements of Section 2-3-18
24 shall not apply to any territory seeking incorporation under
25 this paragraph.
26 (Source: P.A. 88-544; 89-414, eff. 11-17-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.