Full Text of HB3291 97th General Assembly
HB3291 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3291 Introduced 2/24/2011, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/2-3-5 | from Ch. 24, par. 2-3-5 |
65 ILCS 5/2-3-5a | from Ch. 24, par. 2-3-5a |
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Amends the Illinois Municipal Code. Provides that any contiguous territory in a county with a population of 150,000 or more
may be
incorporated as a village if any part of the territory is situated
within 25 miles of the Illinois state line in a county having a
population,
according to the 1990 federal decennial census, of at least 150,000 but less
than 185,000, and a petition is filed before January 1, 2012 (now, 1998). Further provides that a specified petition to become incorporated as a village must include the name of the Homeowner's Association, if applicable.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 2-3-5 and 2-3-5a as follows:
| 6 | | (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
| 7 | | Sec. 2-3-5. Incorporation of village; petition. Whenever | 8 | | in any county of less than 150,000 population as
determined by | 9 | | the last preceding federal census, any area of contiguous
| 10 | | territory, not exceeding 2 square miles, not already included | 11 | | within the
corporate limits of any municipality, has residing | 12 | | thereon at least 200
inhabitants living in dwellings other than | 13 | | those designed to be mobile, and
is owned by at least 30 | 14 | | different owners, it may be incorporated as a village
as | 15 | | 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 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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| 1 | | village whether they will incorporate as a village
under this | 2 | | 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 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
| 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 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, 2012 1998 .
| 23 | | 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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| 1 | | 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 600,000 and not | 14 | | more than 650,000 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 45 acres. The petition to the court required | 20 | | by this Section shall in the case of the area described in this | 21 | | paragraph also include a comprehensive plan that specifically | 22 | | details the services that the newly incorporated municipality | 23 | | shall provide and the estimated initial annual cost of those | 24 | | services. If the area is incorporated following referendum | 25 | | approval, then the newly incorporated municipality must | 26 | | directly provide or contract for 24-hours-per-day, |
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| 1 | | 7-days-per-week law enforcement services. The consent of a | 2 | | municipality need not be obtained before the territory may be | 3 | | incorporated. The requirements of Section 2-3-18 concerning | 4 | | compatibility with the official plan for development of the | 5 | | county shall not apply to any territory seeking incorporation | 6 | | under this paragraph.
| 7 | | (Source: P.A. 96-973, eff. 7-2-10.)
| 8 | | (65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
| 9 | | Sec. 2-3-5a. Incorporation of village.
| 10 | | (a) Whenever in any county of 150,000 or more population as | 11 | | determined by
the last preceding federal census any area of | 12 | | contiguous territory contains
at least 4 square miles and 2500 | 13 | | inhabitants residing in permanent
dwellings, that area may be | 14 | | incorporated as a village if a petition filed
by 250 electors | 15 | | residing within that area is filed with the circuit clerk
of | 16 | | the county in which such area is located addressed to the | 17 | | circuit court
for that county. The petition must set forth:
| 18 | | (1) a legal description of the area intended to be | 19 | | included
in the proposed village, including the name of the | 20 | | Homeowner's Association, if applicable,
| 21 | | (2) the number of residents in that area,
| 22 | | (3) the name of the proposed village, and
| 23 | | (4) a prayer that the question of the incorporation of | 24 | | the
area as a village be submitted to the electors residing | 25 | | within the limits of
the proposed 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 municipality, | 3 | | the consent of that municipality
must be obtained before the | 4 | | area may be incorporated.
| 5 | | (b) If, in a county having more than 240,000 but fewer than
| 6 | | 400,000
inhabitants as determined by the last preceding federal | 7 | | census, an area of
contiguous territory contains at least 3 | 8 | | square miles and 5,000
inhabitants
residing in permanent | 9 | | dwellings, that area may be incorporated as a village in
the | 10 | | same manner as is provided in subsection (a). The consent of a
| 11 | | municipality need not be obtained.
| 12 | | (c) If, in a county having more than 316,000 but fewer than | 13 | | 318,000
inhabitants as determined by the last preceding federal | 14 | | census, an area of
contiguous territory that does not exceed | 15 | | one square mile and between 1000 and
1500 inhabitants residing | 16 | | in permanent dwellings, and is located within 10
miles of a | 17 | | county with a population of less than 150,000 as determined by | 18 | | the
last preceding federal census, that area may be | 19 | | incorporated as a village in
the same manner as is provided in | 20 | | subsection (a). The consent of a municipality
need not be | 21 | | obtained.
| 22 | | (d) If, in a county having more than 400,000 but fewer than | 23 | | 410,000 inhabitants, as determined by the last preceding | 24 | | federal census, an area of contiguous territory not exceeding | 25 | | one square mile contains at least 400 inhabitants residing in | 26 | | permanent dwellings and is located in a township adjacent to a |
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| 1 | | county of less than 150,000 inhabitants, as determined by the | 2 | | last preceding federal census, then that area and the area | 3 | | adjacent thereto and also within such township, not exceeding, | 4 | | however, 4 square miles in total, may be incorporated as a | 5 | | village in the same manner as provided in subsection (a). | 6 | | Neither the consent of a municipality nor the finding of the | 7 | | county board under Section 2-3-18, if otherwise applicable, | 8 | | need be obtained.
| 9 | | (Source: P.A. 94-23, eff. 6-14-05.)
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