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Rep. Rich Brauer
Filed: 6/25/2004
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LRB093 15885 MKM 52207 a |
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| AMENDMENT TO SENATE BILL 2256
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| AMENDMENT NO. ______. Amend Senate Bill 2256 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| 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 |
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| population as
determined by the last preceding federal census, |
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| any area of contiguous
territory, not exceeding 2 square miles, |
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| not already included within the
corporate limits of any |
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| municipality, has residing thereon at least 200
inhabitants |
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| 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 |
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| incorporated as a village
as follows:
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| 35 electors residing within the area may file with the |
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| circuit clerk of
the county in which such area is situated a |
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| petition addressed to the
circuit court for that county.
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| The petition shall set forth (1) a definite description of |
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| the lands
intended to be embraced in the proposed village, (2) |
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| the number of
inhabitants residing therein, (3) the name of the |
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| proposed village, and (4)
a prayer that a question be submitted |
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| to the electors residing within the
limits of the proposed |
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| village whether they will incorporate as a village
under this |
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| Code.
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LRB093 15885 MKM 52207 a |
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| If the area contains fewer than 7,500 residents and lies |
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| within 1 1/2
miles of the boundary line of any existing |
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| municipality, the consent of the
existing municipality must be |
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| obtained before the area may be incorporated.
No area in a |
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| county with a population of 150,000 or more that is
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| incorporating under the provisions of this Section shall need |
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| to obtain the
consent of any existing municipality before the |
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| area may be incorporated.
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| In addition, any contiguous territory in a county of |
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| 150,000 or more
population which otherwise meets the |
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| requirements of this Section may be
incorporated as a village |
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| pursuant to the provisions of this Section if (1)
any part of |
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| 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 |
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| to
this
Section before January 1,
1991 or (2) any part of the |
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| territory is situated
within 25 miles of the Illinois state |
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| line in a county having a
population,
according to the 1990 |
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| federal decennial census, of at least 150,000 but less
than |
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| 185,000 and a petition is filed pursuant to
this Section before |
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| January 1, 1998.
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| In addition, contiguous territory not exceeding 2 square |
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| 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 |
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| the requirements of
this Section may be incorporated as a |
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| village pursuant to the provisions of
this Section if (1) any |
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| part of the territory is situated within 13
2 miles of a
county |
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| 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 |
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| this Section before January 1, 2005
July 1, 2001. The
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| requirements
of Section 2-3-18 concerning compatibility with |
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| 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 |
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| water district whose territory
is situated in 2 or more |
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| municipalities, except where one of the municipalities is |
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| incorporated after June 1, 2004 pursuant to the amendatory |
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| changes to Section 2-3-5 made by this amendatory Act of the |
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| 93rd General Assembly. Nothing in this Article prohibits
a |
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| municipality from continuing to operate utility facilities |
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| which it owns
and operates, at the time territory is annexed to |
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| 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 |
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| 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 |
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| this Act is
annexed by a municipality, the board of trustees |
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| may enter such agreements
as are permitted under Section |
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| 11-151-5 of the "Illinois Municipal Code".
If all of such |
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| territory is annexed by a municipality, the district shall
be |
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| abolished as provided in Section 11-151-4 of that Act and this |
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| Act then
becomes inapplicable to that territory. This Section |
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| does not apply to any
district whose territory is situated in 2 |
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| or more municipalities, except where one of the municipalities |
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| is incorporated after June 1, 2004 pursuant to the amendatory |
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| changes to Section 2-3-5 of the Illinois Municipal Code made by |
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| this amendatory Act of the 93rd General Assembly.
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| Nothing in this Section authorizes a public water district |
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| to provide
water service to residents in territory within one |
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| mile or less of the
corporate limits of a municipality that |
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| operates a public water supply and
furnishes water service.
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