Full Text of HB5923 96th General Assembly
HB5923 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5923
Introduced 2/10/2010, by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/2-3-5 |
from Ch. 24, par. 2-3-5 |
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Amends the Illinois Municipal Code. In provisions concerning the incorporation of a village, provides that any contiguous territory not exceeding 0.7 square miles in a county of not less than 700,000 and not more than 750,000 inhabitants may be incorporated as a village under specified circumstances if the territory includes a contiguous lake of not less than 30 acres and not more than 40 acres. Provides for incorporation without the consent of any municipality located within 1.5 miles of the boundary line of the territory. Effective immediately.
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| HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5923 |
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LRB096 15275 RLJ 30366 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 2-3-5 as follows:
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| (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
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| Sec. 2-3-5. Incorporation of village; petition. | 8 |
| Whenever in any county of less than 150,000 population as
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| determined by the last preceding federal census, any area of | 10 |
| contiguous
territory, not exceeding 2 square miles, not already | 11 |
| included within the
corporate limits of any municipality, has | 12 |
| residing thereon at least 200
inhabitants living in dwellings | 13 |
| other than those designed to be mobile, and
is owned by at | 14 |
| least 30 different owners, it may be incorporated as a village
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| as follows:
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| 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.
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| The petition shall set forth (1) a definite description of | 20 |
| the lands
intended to be embraced in the proposed village, (2) | 21 |
| the number of
inhabitants residing therein, (3) the name of the | 22 |
| proposed village, and (4)
a prayer that a question be submitted | 23 |
| to the electors residing within the
limits of the proposed |
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HB5923 |
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LRB096 15275 RLJ 30366 b |
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| village whether they will incorporate as a village
under this | 2 |
| Code.
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| 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 be | 6 |
| obtained before the area may be incorporated.
No area in a | 7 |
| county with a population of 150,000 or more that is
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| 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.
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| 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
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| population less than 150,000 and a petition is filed pursuant | 17 |
| to
this
Section before January 1,
1991 or (2) any part of the | 18 |
| territory is situated
within 25 miles of the Illinois state | 19 |
| line in a county having a
population,
according to the 1990 | 20 |
| federal decennial census, of at least 150,000 but less
than | 21 |
| 185,000 and a petition is filed pursuant to
this Section before | 22 |
| January 1, 1998.
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| In addition, contiguous territory not exceeding 2 square | 24 |
| miles in a county
with a population of not less than 187,000 | 25 |
| and not more than 190,000 that
otherwise meets the requirements | 26 |
| of
this Section may be incorporated as a village pursuant to |
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HB5923 |
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LRB096 15275 RLJ 30366 b |
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| the provisions of
this Section if (1) any part of the territory | 2 |
| is situated within 13 miles of a
county with a population of | 3 |
| less than 38,000 and more than 36,000 and (2) a petition is | 4 |
| filed in
the manner provided in this Section before January 1, | 5 |
| 2005. The
requirements
of Section 2-3-18 concerning | 6 |
| compatibility with the official plan for
development of the | 7 |
| county shall not
apply
to any territory seeking incorporation | 8 |
| under this paragraph. | 9 |
| In addition, contiguous territory not exceeding 0.7 square | 10 |
| miles having not less than 1,400 and not more than 1,600 | 11 |
| inhabitants, as determined by the 2000 federal decennial | 12 |
| census, living in dwellings other than those designed to be | 13 |
| mobile, located in a county of not less than 700,000 and not | 14 |
| more than 750,000 inhabitants, as determined by the 2000 | 15 |
| federal decennial census, that otherwise meets the | 16 |
| requirements of this Section may be incorporated as a village | 17 |
| pursuant to the provisions of this Section if the territory | 18 |
| includes a contiguous body of water of not less than 30 acres | 19 |
| and not more than 40 acres. The consent of a municipality need | 20 |
| not be obtained before the territory may be incorporated. The | 21 |
| requirements of Section 2-3-18 concerning compatibility with | 22 |
| the official plan for development of the county shall not apply | 23 |
| to any territory seeking incorporation under this paragraph.
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| (Source: P.A. 93-1058, eff. 12-2-04.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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