093_HB2248ham001

 










                                     LRB093 06750 MKM 12414 a

 1                    AMENDMENT TO HOUSE BILL 2248

 2        AMENDMENT NO.     .  Amend House Bill 2248  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Municipal Code is amended by
 5    changing Section 2-3-5 as follows:

 6        (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
 7        Sec. 2-3-5.  Whenever in any county of less than  450,000
 8    150,000  population  as  determined  by  the  last  preceding
 9    federal   census,  any  area  of  contiguous  territory,  not
10    exceeding 5 2 square miles, not already included  within  the
11    corporate limits of any municipality, has residing thereon at
12    least  200  inhabitants  living in dwellings other than those
13    designed to be mobile, and is owned by at least 30  different
14    owners, it may be incorporated as a village as follows:
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.
18        The  petition  shall set forth (1) a definite description
19    of the lands intended to be embraced in the proposed village,
20    (2) the number of inhabitants residing therein, (3) the  name
21    of  the proposed village, and (4) a prayer that a question be
22    submitted to the electors residing within the limits  of  the
 
                            -2-      LRB093 06750 MKM 12414 a
 1    proposed  village  whether they will incorporate as a village
 2    under this Code.
 3        If the area contains fewer than 7,500 residents and  lies
 4    within  1  1/2  miles  of  the  boundary line of any existing
 5    municipality, the consent of the existing  municipality  must
 6    be obtained before the area may be incorporated. No area in a
 7    county   with  a  population  of  150,000  or  more  that  is
 8    incorporating under the provisions of this Section shall need
 9    to obtain the consent of any existing municipality before the
10    area may be incorporated.
11        In addition, any contiguous  territory  in  a  county  of
12    150,000   or   more  population  which  otherwise  meets  the
13    requirements of this Section may be incorporated as a village
14    pursuant to the provisions of this Section if (1) any part of
15    such territory is situated within 10 miles of a county with a
16    population less than 150,000 and a petition is filed pursuant
17    to this Section before July 1, 2004 January 1,  1991  or  (2)
18    any  part of the territory is situated within 25 miles of the
19    Illinois  state  line  in  a  county  having  a   population,
20    according  to  the  2000 1990 federal decennial census, of at
21    least 150,000 but less than 185,000 and a petition  is  filed
22    pursuant to this Section before July 1, 2007 January 1, 1998.
23        In  addition,  contiguous  territory  not  exceeding  5 2
24    square miles in a county with a population of not  less  than
25    300,000  and  not  more  than  450,000 350,000 that otherwise
26    meets the requirements of this Section may be incorporated as
27    a village pursuant to the provisions of this Section  if  (1)
28    any  part  of  the  territory is situated within 2 miles of a
29    county with a population of  less  than  150,000  and  (2)  a
30    petition  is  filed  in  the  manner provided in this Section
31    before July 1, 2004 2001.  The requirements of Section 2-3-18
32    concerning  compatibility  with   the   official   plan   for
33    development  of  the  county shall not apply to any territory
34    seeking incorporation under this paragraph.
 
                            -3-      LRB093 06750 MKM 12414 a
 1    (Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.".