State of Illinois
91st General Assembly
Legislation

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91_HB0390ham002

 










                                             LRB9100151PTpkam

 1                     AMENDMENT TO HOUSE BILL 390

 2        AMENDMENT NO.     .  Amend House  Bill  390  on  page  1,
 3    lines  1  and  6,  after "changing", each time it appears, by
 4    inserting "Section 2-3-5 and"; and

 5    on page  1,  immediately  below  line  7,  by  inserting  the
 6    following:

 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
 
                            -2-              LRB9100151PTpkam
 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        In  addition, contiguous territory not exceeding 2 square
25    miles in a county with a population of not less than  300,000
26    and   not   more   than  350,000  that  otherwise  meets  the
27    requirements of this Section may be incorporated as a village
28    pursuant to the provisions of this Section if (1) any part of
29    the territory is situated within 2 miles of a county  with  a
30    population  of  less than 150,000 and (2) a petition is filed
31    in the manner provided in this Section before January 1, 2001
32      2000.   The  requirements  of  Section  2-3-18   concerning
33    compatibility  with  the official plan for development of the
34    county shall not apply to any territory seeking incorporation
 
                            -3-              LRB9100151PTpkam
 1    under this paragraph.
 2    (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)".

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