State of Illinois
90th General Assembly
Legislation

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[ Conference Committee Report 001 ]

90_HB0353sam001

                                          SRS90HB0353PMbmam01
 1                     AMENDMENT TO HOUSE BILL 353
 2        AMENDMENT NO.     .  Amend House Bill 353 on  page  1  by
 3    replacing  everything  after  the  enacting  clause  with the
 4    following:
 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.   Incorporation of village.  Whenever in any
 9    county of less than 150,000 population as determined  by  the
10    last   preceding  federal  census,  any  area  of  contiguous
11    territory, not exceeding 2 square miles, not already included
12    within the corporate limits of any municipality, has residing
13    thereon at least 200 inhabitants living  in  dwellings  other
14    than those designed to be mobile, and is owned by at least 30
15    different  owners,  it  may  be  incorporated as a village as
16    follows:
17        35 electors residing within the area may  file  with  the
18    circuit  clerk of the county in which such area is situated a
19    petition addressed to the circuit court for that county.
20        The petition shall set forth (1) a  definite  description
21    of the lands intended to be embraced in the proposed village,
22    (2)  the number of inhabitants residing therein, (3) the name
23    of the proposed village, and (4) a prayer that a question  be
                            -2-           SRS90HB0353PMbmam01
 1    submitted  to  the electors residing within the limits of the
 2    proposed village whether they will incorporate as  a  village
 3    under this Code.
 4        If  the area contains fewer than 7,500 residents and lies
 5    within 1 1/2 miles of  the  boundary  line  of  any  existing
 6    municipality,  the  consent of the existing municipality must
 7    be obtained before the area may be incorporated. No area in a
 8    county  with  a  population  of  150,000  or  more  that   is
 9    incorporating under the provisions of this Section shall need
10    to obtain the consent of any existing municipality before the
11    area may be incorporated.
12        In  addition,  any  contiguous  territory  in a county of
13    150,000  or  more  population  which  otherwise   meets   the
14    requirements of this Section may be incorporated as a village
15    pursuant to the provisions of this Section if (1) any part of
16    such territory is situated within 10 miles of a county with a
17    population less than 150,000 and a petition is filed pursuant
18    to this Section before January 1, 1991 or (2) any part of the
19    territory  is  situated within 25 miles of the Illinois state
20    line in a county having a population, according to  the  1990
21    federal  decennial  census, of at least 150,000 but less than
22    185,000 and a petition is  filed  pursuant  to  this  Section
23    before January 1, 1998.
24    (Source: P.A. 88-544; 89-414, eff. 11-17-95.)

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