94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0042


 
Introduced 12/15/2004, by Rep. Timothy L. Schmitz
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/2-3-5a
  from Ch. 24, par. 2-3-5a







    Amends the Illinois Municipal Code. Provides that if an area proposed to be
incorporated as a village contains fewer than 7,500 residents and lies within 1
mile (now 1 1/2 miles) of the limits of any existing municipality, the consent
of
that municipality must be obtained before the area may be incorporated.
Effective immediately.
















LRB094 03640 MKM 33645 b

















 


 


A BILL FOR









 











HB0042

LRB094 03640 MKM 33645 b






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    AN ACT concerning municipalities. 

 
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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 
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changing
Section 2-3-5a as follows:


 
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    (65 ILCS 5/2-3-5a)  (from Ch. 24, par. 2-3-5a)

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    Sec. 2-3-5a. Incorporation of village.


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    (a) Whenever in any county of 150,000 or more population as 
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determined by
the last preceding federal census any area of 
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contiguous territory contains
at least 4 square miles and 2500 
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inhabitants residing in permanent
dwellings, that area may be 
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incorporated as a village if a petition filed
by 250 electors 
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residing within that area is filed with the circuit clerk
of 
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the county in which such area is located addressed to the 
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circuit court
for that county.  The petition must set forth:


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        (1) a legal description of the area intended to be 
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    included
in the proposed village,


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        (2) the number of residents in that area,


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        (3) the name of the proposed village, and


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        (4) a prayer that the question of the incorporation of 
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    the
area as a village be submitted to the electors residing 
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    within the limits of
the proposed village.


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    If the area contains fewer than 7,500 residents and lies 
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within 1 mile
1
1/2 miles
of the limits of any existing 
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municipality, the consent of that municipality
must be obtained 
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before the area may be incorporated.


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    (b) If, in a county having more than 240,000 but fewer than

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400,000
inhabitants as determined by the last preceding federal 
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census, an area of
contiguous territory contains at least 3 
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square miles and 5,000
inhabitants
residing in permanent 
31
dwellings, that area may be incorporated as a village in
the 
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same manner as is provided in subsection (a).  The consent of a

 


 






HB0042
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municipality need not be obtained.


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    (c) If, in a county having more than 316,000 but fewer than 
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318,000
inhabitants as determined by the last preceding federal 
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census, an area of
contiguous territory that does not exceed 
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one square mile and between 1000 and
1500 inhabitants residing 
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in permanent dwellings, and is located within 10
miles of a 
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county with a population of less than 150,000 as determined by 
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the
last preceding federal census, that area may be 
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incorporated as a village in
the same manner as is provided in 
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subsection (a). The consent of a municipality
need not be 
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obtained.


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(Source: P.A. 91-680, eff. 6-1-00.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.