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| Public Act 096-0973 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 2-3-5 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. Incorporation of village; petition. | ||||
Whenever in any county of less than 150,000 population as
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determined by the last preceding federal census, any area of | ||||
contiguous
territory, not exceeding 2 square miles, not already | ||||
included within the
corporate limits of any municipality, has | ||||
residing thereon at least 200
inhabitants living in dwellings | ||||
other than those designed to be mobile, and
is owned by at | ||||
least 30 different owners, it may be incorporated as a village
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as follows:
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35 electors residing within the area may file with the | ||||
circuit clerk of
the county in which such area is situated a | ||||
petition addressed to the
circuit court for that county.
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The petition shall set forth (1) a definite description of | ||||
the lands
intended to be embraced in the proposed village, (2) | ||||
the number of
inhabitants residing therein, (3) the name of the | ||||
proposed village, and (4)
a prayer that a question be submitted | ||||
to the electors residing within the
limits of the proposed | ||||
village whether they will incorporate as a village
under this | ||
Code.
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If the area contains fewer than 7,500 residents and lies | ||
within 1 1/2
miles of the boundary line of any existing | ||
municipality, the consent of the
existing municipality must be | ||
obtained before the area may be incorporated.
No area in a | ||
county with a population of 150,000 or more that is
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incorporating under the provisions of this Section shall need | ||
to obtain the
consent of any existing municipality before the | ||
area may be incorporated.
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In addition, any contiguous territory in a county of | ||
150,000 or more
population which otherwise meets the | ||
requirements of this Section may be
incorporated as a village | ||
pursuant to the provisions of this Section if (1)
any part of | ||
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 | ||
to
this
Section before January 1,
1991 or (2) 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 pursuant to
this Section before | ||
January 1, 1998.
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In addition, contiguous territory not exceeding 2 square | ||
miles in a county
with a population of not less than 187,000 | ||
and not more than 190,000 that
otherwise meets the requirements | ||
of
this Section may be incorporated as a village pursuant to | ||
the provisions of
this Section if (1) any part of the territory | ||
is situated within 13 miles of a
county with a population of | ||
less than 38,000 and more than 36,000 and (2) a petition is | ||
filed in
the manner provided in this Section before January 1, | ||
2005. The
requirements
of Section 2-3-18 concerning | ||
compatibility with the official plan for
development of the | ||
county shall not
apply
to any territory seeking incorporation | ||
under this paragraph. | ||
In addition, contiguous territory not exceeding 0.7 square | ||
miles having not less than 1,400 and not more than 1,600 | ||
inhabitants, as determined by the 2000 federal decennial | ||
census, living in dwellings other than those designed to be | ||
mobile, located in a county of not less than 600,000 and not | ||
more than 650,000 inhabitants, as determined by the 2000 | ||
federal decennial census, that otherwise meets the | ||
requirements of this Section may be incorporated as a village | ||
pursuant to the provisions of this Section if the territory | ||
includes a contiguous body of water of not less than 30 acres | ||
and not more than 45 acres. The petition to the court required | ||
by this Section shall in the case of the area described in this | ||
paragraph also include a comprehensive plan that specifically | ||
details the services that the newly incorporated municipality | ||
shall provide and the estimated initial annual cost of those | ||
services. If the area is incorporated following referendum | ||
approval, then the newly incorporated municipality must | ||
directly provide or contract for 24-hours-per-day, | ||
7-days-per-week law enforcement services. The consent of a | ||
municipality need not be obtained before the territory may be | ||
incorporated. The requirements of Section 2-3-18 concerning | ||
compatibility with the official plan for development of the | ||
county shall not apply to any territory seeking incorporation | ||
under this paragraph.
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(Source: P.A. 93-1058, eff. 12-2-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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