Full Text of SB2256 93rd General Assembly
SB2256enr 93RD GENERAL ASSEMBLY
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SB2256 Enrolled |
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LRB093 15885 RCE 41502 b |
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| AN ACT in relation to public bodies.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 2-3-5 and 11-151-2 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. Whenever in any county of less than 150,000 | 8 |
| population as
determined by the last preceding federal census, | 9 |
| any area of contiguous
territory, not exceeding 2 square miles, | 10 |
| not already included within the
corporate limits of any | 11 |
| municipality, has residing thereon at least 200
inhabitants | 12 |
| living in dwellings other than those designed to be mobile, and
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| is owned by at least 30 different owners, it may be | 14 |
| incorporated as a village
as follows:
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| 35 electors residing within the area may file with the | 16 |
| circuit clerk of
the county in which such area is situated a | 17 |
| petition addressed to the
circuit court for that county.
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| The petition shall set forth (1) a definite description of | 19 |
| the lands
intended to be embraced in the proposed village, (2) | 20 |
| the number of
inhabitants residing therein, (3) the name of the | 21 |
| proposed village, and (4)
a prayer that a question be submitted | 22 |
| to the electors residing within the
limits of the proposed | 23 |
| village whether they will incorporate as a village
under this | 24 |
| Code.
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| If the area contains fewer than 7,500 residents and lies | 26 |
| within 1 1/2
miles of the boundary line of any existing | 27 |
| municipality, the consent of the
existing municipality must be | 28 |
| obtained before the area may be incorporated.
No area in a | 29 |
| county with a population of 150,000 or more that is
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| incorporating under the provisions of this Section shall need | 31 |
| to obtain the
consent of any existing municipality before the | 32 |
| area may be incorporated.
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SB2256 Enrolled |
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LRB093 15885 RCE 41502 b |
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| In addition, any contiguous territory in a county of | 2 |
| 150,000 or more
population which otherwise meets the | 3 |
| requirements of this Section may be
incorporated as a village | 4 |
| pursuant to the provisions of this Section if (1)
any part of | 5 |
| 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 | 7 |
| to
this
Section before January 1,
1991 or (2) any part of the | 8 |
| territory is situated
within 25 miles of the Illinois state | 9 |
| line in a county having a
population,
according to the 1990 | 10 |
| federal decennial census, of at least 150,000 but less
than | 11 |
| 185,000 and a petition is filed pursuant to
this Section before | 12 |
| January 1, 1998.
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| In addition, contiguous territory not exceeding 2 square | 14 |
| miles in a county
with a population of not less than 187,000
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| 300,000 and not more than 190,000
350,000 that
otherwise meets | 16 |
| the requirements of
this Section may be incorporated as a | 17 |
| village pursuant to the provisions of
this Section if (1) any | 18 |
| part of the territory is situated within 13
2 miles of a
county | 19 |
| with a population of less than 38,000 and more than 36,000
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| 150,000 and (2) a petition is filed in
the manner provided in | 21 |
| this Section before January 1, 2005
July 1, 2001 . The
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| requirements
of Section 2-3-18 concerning compatibility with | 23 |
| the official plan for
development of the county shall not
apply
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| to any territory seeking incorporation under this paragraph.
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| (Source: P.A. 90-190, eff. 7-24-97; 91-885, eff. 7-6-00.)
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| (65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
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| Sec. 11-151-2. This Article does not apply to any public | 28 |
| water district whose territory
is situated in 2 or more | 29 |
| municipalities , except where one of the municipalities is | 30 |
| incorporated after June 1, 2004 pursuant to the amendatory | 31 |
| changes to Section 2-3-5 made by this amendatory Act of the | 32 |
| 93rd General Assembly . Nothing in this Article prohibits
a | 33 |
| municipality from continuing to operate utility facilities | 34 |
| which it owns
and operates, at the time territory is annexed to | 35 |
| the municipality, in that
territory even though it is part of a |
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| public water district.
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| (Source: P.A. 76-1356.)
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| Section 10. The Public Water District Act is amended by | 4 |
| changing Section 40 as follows:
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| (70 ILCS 3705/40) (from Ch. 111 2/3, par. 212.15)
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| Sec. 40.
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| When part of the territory of a district organized under | 8 |
| this Act is
annexed by a municipality, the board of trustees | 9 |
| may enter such agreements
as are permitted under Section | 10 |
| 11-151-5 of the "Illinois Municipal Code".
If all of such | 11 |
| territory is annexed by a municipality, the district shall
be | 12 |
| abolished as provided in Section 11-151-4 of that Act and this | 13 |
| Act then
becomes inapplicable to that territory. This Section | 14 |
| does not apply to any
district whose territory is situated in 2 | 15 |
| or more municipalities , except where one of the municipalities | 16 |
| is incorporated after June 1, 2004 pursuant to the amendatory | 17 |
| changes to Section 2-3-5 of the Illinois Municipal Code made by | 18 |
| this amendatory Act of the 93rd General Assembly .
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| Nothing in this Section authorizes a public water district | 20 |
| to provide
water service to residents in territory within one | 21 |
| mile or less of the
corporate limits of a municipality that | 22 |
| operates a public water supply and
furnishes water service.
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| (Source: P.A. 76-1357.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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