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91_HB0390eng HB0390 Engrossed LRB9100151PTdv 1 AN ACT to amend the Illinois Municipal Code by changing 2 Section 2-3-5 and the Division 96 heading and adding Section 3 11-96-5. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Illinois Municipal Code is amended by 7 changing Section 2-3-5 and the Division 96 heading and adding 8 Section 11-96-5 as follows: 9 (65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5) 10 Sec. 2-3-5. Whenever in any county of less than 150,000 11 population as determined by the last preceding federal 12 census, any area of contiguous territory, not exceeding 2 13 square miles, not already included within the corporate 14 limits of any municipality, has residing thereon at least 200 15 inhabitants living in dwellings other than those designed to 16 be mobile, and is owned by at least 30 different owners, it 17 may be incorporated as a village as follows: 18 35 electors residing within the area may file with the 19 circuit clerk of the county in which such area is situated a 20 petition addressed to the circuit court for that county. 21 The petition shall set forth (1) a definite description 22 of the lands intended to be embraced in the proposed village, 23 (2) the number of inhabitants residing therein, (3) the name 24 of the proposed village, and (4) a prayer that a question be 25 submitted to the electors residing within the limits of the 26 proposed village whether they will incorporate as a village 27 under this Code. 28 If the area contains fewer than 7,500 residents and lies 29 within 1 1/2 miles of the boundary line of any existing 30 municipality, the consent of the existing municipality must 31 be obtained before the area may be incorporated. No area in a HB0390 Engrossed -2- LRB9100151PTdv 1 county with a population of 150,000 or more that is 2 incorporating under the provisions of this Section shall need 3 to obtain the consent of any existing municipality before the 4 area may be incorporated. 5 In addition, any contiguous territory in a county of 6 150,000 or more population which otherwise meets the 7 requirements of this Section may be incorporated as a village 8 pursuant to the provisions of this Section if (1) any part of 9 such territory is situated within 10 miles of a county with a 10 population less than 150,000 and a petition is filed pursuant 11 to this Section before January 1, 1991 or (2) any part of the 12 territory is situated within 25 miles of the Illinois state 13 line in a county having a population, according to the 1990 14 federal decennial census, of at least 150,000 but less than 15 185,000 and a petition is filed pursuant to this Section 16 before January 1, 1998. 17 In addition, contiguous territory not exceeding 2 square 18 miles in a county with a population of not less than 300,000 19 and not more than 350,000 that otherwise meets the 20 requirements of this Section may be incorporated as a village 21 pursuant to the provisions of this Section if (1) any part of 22 the territory is situated within 2 miles of a county with a 23 population of less than 150,000 and (2) a petition is filed 24 in the manner provided in this Section before January 1, 2001 252000. The requirements of Section 2-3-18 concerning 26 compatibility with the official plan for development of the 27 county shall not apply to any territory seeking incorporation 28 under this paragraph. 29 (Source: P.A. 89-414, eff. 11-17-95; 90-190, eff. 7-24-97.) 30 (65 ILCS 5/Div. 96 heading) 31 DIVISION 96. JOINTOWNERSHIP OFPROPERTY OF 32 MUNICIPALITIES ANDWITHPARK DISTRICTS HB0390 Engrossed -3- LRB9100151PTdv 1 (65 ILCS 5/11-96-5 new) 2 Sec. 11-96-5. Municipal and park district tax. 3 (a) If property within a municipality also lies within a 4 park district and the same property is being taxed for park 5 or recreation purposes by both the municipality and the park 6 district, then the corporate authorities of the municipality 7 may adopt an ordinance or resolution to pay all or part of 8 the park district tax for the property according to 9 subsection (b). If the corporate authorities of a 10 municipality adopt a resolution or ordinance under this 11 Section, then the corporate authorities shall certify the 12 action to the county clerk. 13 (b) Before the county clerk extends the tax levy of the 14 park district, the corporate authorities of the municipality 15 may order the municipal treasurer to pay a specified amount 16 into a special abatement fund held by the county treasurer. 17 The county clerk shall then abate the park district tax 18 extension on the property within the municipality by the 19 amount in the abatement fund by apportioning the abatement 20 amount for each parcel of property according to the assessed 21 value as equalized by the board of review and Department of 22 Revenue. The county treasurer shall then pay the money in 23 the abatement fund to the park district. If the amount in 24 the abatement fund is more than the amount of the current tax 25 levy extended on the property, then the county treasurer 26 shall return the surplus amount to the municipal treasurer. 27 (c) For the purposes of the Property Tax Extension 28 Limitation Law, the amount of the extension abatement shall 29 continue to be included in the park district's aggregate 30 extension base. 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.