SB2933sam001 94TH GENERAL ASSEMBLY

Sen. Chris Lauzen

Filed: 2/14/2006

09400SB2933sam001 LRB094 19063 HLH 55940 a

AMENDMENT TO SENATE BILL 2933

AMENDMENT NO. ______. Amend Senate Bill 2933 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Sections 2-3-6 and 2-3-18 as follows:

(65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)

Sec. 2-3-6.

(a) Except as provided in subsection (b), upon Upon the filing of such a petition with the circuit clerk, the court shall hear testimony and rule that the area under consideration is or is not a village in fact. The ruling of the court shall be entered of record in the court. If the court rules that the area does not constitute a village in fact, the petition to incorporate the area as a village is denied and no subsequent petition concerning village incorporation of any of the land described in the earlier petition may be filed within one year. If the court rules that the area does constitute a village in fact, such court shall enter an order so finding and the proposition shall be certified and submitted to the electors of such area in the manner provided by the general election law. The proposition shall be in substantially the following form:

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Shall the territory (here YES describe it) be incorporated as --------------------------

a village under the general law? NO

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The result of the election shall be entered of record in the court. If a majority of the votes cast at the election favor incorporation as a village under the general law the inhabitants of the territory described in the petition are incorporated as a village under this Code with the name stated in the petition.

(b) For a petition for incorporation filed in a county with a population of more than 400,000 but less than 500,000 as determined by the last preceding federal census, the following procedures shall apply. After the filing of the petition, the circuit court shall fix an initial date for hearing on the petition, which shall be not more than 30 nor less than 20 days after the filing of the petition, or 60 days following the effective date of this amendatory Act of the 94th General Assembly, whichever date shall last occur. The petitioners shall give notice of the incorporation petition not more than 30 nor less than 15 days before the date set for hearing. The notice shall state that a petition for incorporation has been filed and give the substance thereof including the name of the proposed village, a description of the territory to be incorporated, the approximate total land area of and the approximate number of persons residing within the territory as determined by the last federal census, and the date fixed for hearing. This notice shall be given by publication thereof at least once in one or more newspapers published in the proposed village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the proposed village.

Not less than 5 days prior to the date fixed for the initial hearing on the petition, any person owning real property or residing within the territory described in the petition or any other interested person may file with the circuit clerk his or her objections (1) that the petition does not comply with the requirements of the statutory Section under which it is filed, the objections specifying in what regard the petition does not comply, (2) that the owner of real property located on the perimeter of the proposed village, or property which becomes on the border upon the exclusion of an adjoining subdivision, does not desire incorporation and requests exclusion from the proposed village, or (3) that the persons filing a group objection constitute a majority of the owners of record of land within a recorded subdivision and a majority of the electors, if any, residing within the subdivision, that the subdivision is located on the border of the proposed village or is separated therefrom by property owned by a forest preserve district, or will be on the border upon the exclusion of an adjacent subdivision a majority of the owners of record, and electors, if any, of which have also filed a group objection pursuant to this item (3), do not desire incorporation and request exclusion from the proposed village. No appearance or filing fee shall be required if the objection is based solely on item (2) or (3). The clerk of the circuit court may prescribe a form to be used for perimeter objections. No signature executed prior to the effective date of this amendatory Act of the 94th General Assembly shall be considered defective by reason of predating that effective date.

The cause shall be heard without further pleadings. Objections may be amended upon leave of court after the determination of objections under items (2) and (3), or for other cause as provided in the Code of Civil Procedure. At the hearing, petitioners and any objector may be heard in person or by counsel. The court may adjourn the hearing from time to time as justice may require.

At the hearing, the court shall first hear and determine all objections and requests for exclusion under items (2) and (3). If the property of the objector or objectors is located on the perimeter of the proposed village and the exclusion of the objector's territory will not destroy contiguity of the remaining territory, the court shall sustain the objection, and the petition and the legal description of the territory to be incorporated shall be amended accordingly. For purposes of an objection under item (2), two or more parcels may be combined in one objection so long as the combined territory is located on the perimeter. After the amendment of the petition, no further proceedings shall be had unless and until the county board shall have made the finding or findings required by Section 2-3-18 of this Code.

If the petitioners fail to prove the allegations of the petition, the petition shall be dismissed, but if the petitioners prove the allegations of the petition, the court shall enter an order making findings of fact in accordance with the proof adduced. The order shall also designate the election at which the question of incorporation shall be submitted.

The court shall certify its order and the proposition to the proper election authorities to be voted upon by the electors residing in the territory in the manner provided in the general election law. The proposition shall be in substantially the following form:

"Shall the territory (here describe it) be incorporated as the village of (name) under the general law?"

The election authority must record the votes as "Yes" or "No".

The results of the election shall be entered of record in the court. If a majority of the votes cast at the election favor incorporation as a village under the general law, the inhabitants of the territory described in the petition are incorporated as a village under this Code with the name stated in the petition.

(Source: P.A. 83-343.)

(65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)

Sec. 2-3-18.

In any county of between 150,000 and 1,000,000 population which has adopted an official plan under "An Act to provide for regional planning and for the creation, organization and powers of regional planning commissions", approved June 25, 1929, as amended, the county board, by resolution, may provide that before the question of incorporating a village under this Division is submitted to the electors in response to a petition filed under Section 2-3-5, 2-3-5a, or 2-3-10 the county board must first determine that (1) the proposed incorporation is compatible with the official plan for the development of the county, and (2) the lands described in the petition as intended to be embraced in the village constitute a sufficient tax base as will insure the ability of the village to provide all necessary municipal services to its inhabitants; provided that, as to any petition filed after July 1, 2005 that is pending on or after the effective date of this amendatory Act of the 94th General Assembly, in a county with a population of more than 400,000 but less than 500,000 as determined by the last preceding federal census, whenever the area proposed for incorporation contains more than 10,000 inhabitants as determined by the last preceding federal census, and the equalized assessed valuation of the area during the calendar year immediately preceding the year in which the petition to incorporate is filed is not less than $40,000 multiplied by the number of inhabitants within the territory proposed to be incorporated, as determined by the last preceding federal census, (i) it will be conclusively presumed that the lands described in the petition constitute a sufficient tax base to ensure the ability of the village to provide all necessary municipal services to its inhabitants, and no finding of the county board shall be required as to the tax base or ability to provide municipal services, and (ii) any provision of the official plan of the county that requires a showing of ability to provide such municipal services shall be deemed satisfied; provided further that, as to any such petition filed after July 1, 2005 in a county with a population of more than 400,000 but less than 500,000 as determined by the last preceding federal census, the court shall make the determination of the applicability of the presumption provided in this Section only after the amendment of the petition to exclude all territory that has requested exclusion under Section 2-3-6 of this Code. No county with a population of more than 400,000 but less than 500,000 as determined by the last preceding federal census shall be required to provide any municipal services to a village that has been incorporated without a determination of the county board as to the ability of the proposed village to provide such services having been made prior to the submission of the question of incorporation to the electors. When such a resolution is in effect, the court in which such a petition is filed shall first require a showing that the required those determinations have been made by the county board. If no such showing is made, the court shall deny the petition. If such a showing is made, the court shall proceed as provided in Section 2-3-6 or 2-3-11, as the case may be.

(Source: P.A. 76-676.)".

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