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91_SB1832
SDS/91Bbill0007/CEdo
1 AN ACT to amend the Illinois Municipal by changing
2 Sections 2-2-6, 2-3-5, and 2-3-5a.
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 Sections 2-2-6, 2-3-5, and 2-3-5a as follows:
7 (65 ILCS 5/2-2-6) (from Ch. 24, par. 2-2-6)
8 Sec. 2-2-6. Incorporation of cities; petition; notice.
9 Any 200 electors residing within the area may file with
10 the circuit clerk of the county in which the area is
11 situated, a petition addressed to the circuit court. The
12 petition shall set forth (1) a definite description of the
13 lands intended to be embraced in the proposed city, and a
14 statement that no part of the territory lies within 1 1/2
15 miles of the boundary line of any existing municipality which
16 has not consented to such incorporation, (2) the number of
17 inhabitants residing therein, (3) the name of the proposed
18 city, and (4) a prayer that a question be submitted to the
19 electors residing within the limits of the proposed city,
20 whether they will incorporate as a city under this Code. The
21 petition need not set forth that no part of the territory
22 lies within 1 1/2 miles of the boundary line of any existing
23 municipality which has not consented to such incorporation,
24 if the area proposed to be incorporated has residing therein
25 a population of 7,500 or more residents. The court within 5
26 days after the petition is filed shall enter an order fixing
27 the time for the hearing upon the petition and the day for
28 the hearing shall be not less than 25 nor more than 35 days
29 after the filing of the petition.
30 The petitioners shall give notice of the incorporation
31 petition not more than 30 nor less than 15 days before the
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1 date set for hearing. This notice shall state that a petition
2 for incorporation has been filed and give the substance
3 thereof including a description of the territory to be
4 incorporated, the number of persons residing within the
5 territory, and the date fixed for hearing. This notice shall
6 be given by publication thereof at least once in one or more
7 newspapers published in the proposed city or, if no newspaper
8 is published therein, then in one or more newspapers with a
9 general circulation within the proposed city. Notice of the
10 petition shall also be given by first class mail addressed to
11 the person or persons in whose name the general taxes for the
12 preceding year were paid on each lot, block, tract, or parcel
13 of land lying within the territory to be incorporated. The
14 notice must be mailed not less than 10 days before the date
15 of the hearing. In the event taxes for the preceding year
16 were not paid, the notice shall be mailed to the person or
17 persons last listed on the tax rolls within the 3 preceding
18 years as the owners of the property.
19 (Source: P.A. 78-852.)
20 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
21 Sec. 2-3-5. Incorporation of Village.
22 Whenever in any county of less than 150,000 population as
23 determined by the last preceding federal census, any area of
24 contiguous territory, not exceeding 2 square miles, not
25 already included within the corporate limits of any
26 municipality, has residing thereon at least 200 inhabitants
27 living in dwellings other than those designed to be mobile,
28 and is owned by at least 30 different owners, it may be
29 incorporated as a village as follows:
30 35 electors residing within the area may file with the
31 circuit clerk of the county in which such area is situated a
32 petition addressed to the circuit court for that county.
33 The petition shall set forth (1) a definite description
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1 of the lands intended to be embraced in the proposed village,
2 (2) the number of inhabitants residing therein, (3) the name
3 of the proposed village, and (4) a prayer that a question be
4 submitted to the electors residing within the limits of the
5 proposed village whether they will incorporate as a village
6 under this Code. Notice of the petition shall be given by
7 first class mail addressed to the person or persons in whose
8 name the general taxes for the preceding year were paid on
9 each lot, block, tract, or parcel of land lying within the
10 territory to be incorporated. The notice must be mailed not
11 less than 10 days before the date of the hearing. In the
12 event taxes for the preceding year were not paid, the notice
13 shall be mailed to the person or persons last listed on the
14 tax rolls within the 3 preceding years as the owners of the
15 property.
16 If the area contains fewer than 7,500 residents and lies
17 within 1 1/2 miles of the boundary line of any existing
18 municipality, the consent of the existing municipality must
19 be obtained before the area may be incorporated. No area in a
20 county with a population of 150,000 or more that is
21 incorporating under the provisions of this Section shall need
22 to obtain the consent of any existing municipality before the
23 area may be incorporated.
24 In addition, any contiguous territory in a county of
25 150,000 or more population which otherwise meets the
26 requirements of this Section may be incorporated as a village
27 pursuant to the provisions of this Section if (1) any part of
28 such territory is situated within 10 miles of a county with a
29 population less than 150,000 and a petition is filed pursuant
30 to this Section before January 1, 1991 or (2) any part of the
31 territory is situated within 25 miles of the Illinois state
32 line in a county having a population, according to the 1990
33 federal decennial census, of at least 150,000 but less than
34 185,000 and a petition is filed pursuant to this Section
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1 before January 1, 1998.
2 In addition, contiguous territory not exceeding 2 square
3 miles in a county with a population of not less than 300,000
4 and not more than 350,000 that 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 the territory is situated within 2 miles of a county with a
8 population of less than 150,000 and (2) a petition is filed
9 in the manner provided in this Section before January 1,
10 2000. The requirements of Section 2-3-18 concerning
11 compatibility with the official plan for development of the
12 county shall not apply to any territory seeking incorporation
13 under this paragraph.
14 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.)
15 (65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
16 Sec. 2-3-5a. Incorporation of village.
17 (a) Whenever in any county of 150,000 or more population
18 as determined by the last preceding federal census any area
19 of contiguous territory contains at least 4 square miles and
20 2500 inhabitants residing in permanent dwellings, that area
21 may be incorporated as a village if a petition filed by 250
22 electors residing within that area is filed with the circuit
23 clerk of the county in which such area is located addressed
24 to the circuit court for that county. The petition must set
25 forth:
26 (1) a legal description of the area intended to be
27 included in the proposed village,
28 (2) the number of residents in that area,
29 (3) the name of the proposed village, and
30 (4) a prayer that the question of the
31 incorporation of the area as a village be submitted to
32 the electors residing within the limits of the proposed
33 village.
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1 If the area contains fewer than 7,500 residents and lies
2 within 1 1/2 miles of the limits of any existing
3 municipality, the consent of that municipality must be
4 obtained before the area may be incorporated.
5 Notice of the petition shall be given by first class mail
6 addressed to the person or persons in whose name the general
7 taxes for the preceding year were paid on each lot, block,
8 tract, or parcel of land lying within the territory to be
9 incorporated. The notice must be mailed not less than 10 days
10 before the date of the hearing. In the event taxes for the
11 preceding year were not paid, the notice shall be mailed to
12 the person or persons last listed on the tax rolls within the
13 3 preceding years as the owners of the property.
14 (b) If, in a county having more than 350,000 but fewer
15 than 400,000 inhabitants as determined by the last preceding
16 federal census, an area of contiguous territory contains at
17 least 3 square miles and 8,000 inhabitants residing in
18 permanent dwellings, that area may be incorporated as a
19 village in the same manner as is provided in subsection (a).
20 The consent of a municipality need not be obtained.
21 (c) If, in a county having more than 316,000 but fewer
22 than 318,000 inhabitants as determined by the last preceding
23 federal census, an area of contiguous territory that does not
24 exceed one square mile and between 1000 and 1500 inhabitants
25 residing in permanent dwellings, and is located within 10
26 miles of a county with a population of less than 150,000 as
27 determined by the last preceding federal census, that area
28 may be incorporated as a village in the same manner as is
29 provided in subsection (a). The consent of a municipality
30 need not be obtained.
31 (Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94;
32 89-388, eff. 1-1-96.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.