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91_HB3083
LRB9109904MWgc
1 AN ACT to amend 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
-2- LRB9109904MWgc
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 not less than 300,000
17 and not more than 350,000 that otherwise meets the
18 requirements of this Section may be incorporated as a village
19 pursuant to the provisions of this Section if (1) any part of
20 the territory is situated within 2 miles of a county with a
21 population of less than 150,000 and (2) a petition is filed
22 in the manner provided in this Section before January 1, 2001
23 2000. The requirements of Section 2-3-18 concerning
24 compatibility with the official plan for development of the
25 county shall not apply to any territory seeking incorporation
26 under this paragraph.
27 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.