Division 2 - Union Of Contiguous Municipalities
(65 ILCS 5/Art. 7 Div. 2 heading) DIVISION 2. UNION OF CONTIGUOUS MUNICIPALITIES
(65 ILCS 5/7‑2‑1) (from Ch. 24, par. 7‑2‑1)
Sec. 7‑2‑1. Any 2 or more incorporated contiguous municipalities wholly or substantially situated in a single county may be united into one incorporated city by a compliance with Sections 7‑1‑16 and 7‑1‑17, with the following exceptions:
(1) The petition (a) shall be signed by electors of each of the municipalities seeking a union, (b) shall state the name by which the united municipality is to be known, and (c) shall state the form of municipal government under which the united municipality is to be governed.
(2) The question shall be in substantially the following form:
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Shall the city, village, or
incorporated town (as the
case may be) of............
and the city, village, or
incorporated town (as the case YES
may be) of..........., (and
in this manner as far as
necessary, filling blanks with
the names of the municipalities
to be united), be united ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
into a single municipality
under the name of..........
with the........... form of
municipal government (filling
the blank with the word NO
"Aldermanic" or "Commission"
or the words "Managerial With
Aldermen Chosen From Wards Or
Districts" as the case may be)?
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No other proposition shall appear thereon.
If the majority of the votes cast in each municipality specified in the petition is in favor of the proposition, the municipalities are united.
(Source: P.A. 87‑278.) |
(65 ILCS 5/7‑2‑2) (from Ch. 24, par. 7‑2‑2)
Sec. 7‑2‑2. A certified copy of the canvass of the votes of the election on the proposition stated in Section 7‑2‑1, made by the proper officers, shall be transmitted to the clerk of each municipality involved in the election, and to the county clerk of the county in which the election was held. Each clerk shall transcribe the certified copy upon his official records. The mayor or the president of the board of trustees of each municipality, if the vote is in favor of the union, shall immediately issue a proclamation declaring the existence of the union. The united municipalities shall be governed by Sections 7‑2‑3 through 7‑2‑27.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑3) (from Ch. 24, par. 7‑2‑3)
Sec. 7‑2‑3. If municipalities are united by compliance with Section 7‑2‑1, the union shall not be affected by a failure of officers to perform the duties set forth in Section 7‑2‑2.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑4) (from Ch. 24, par. 7‑2‑4)
Sec. 7‑2‑4. All courts shall take judicial notice of a union of municipalities effected by a compliance with Section 7‑2‑1.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑5) (from Ch. 24, par. 7‑2‑5)
Sec. 7‑2‑5. Each municipality that becomes a part of a united city upon compliance with Section 7‑2‑1 shall thereafter be known as the Borough of .... (original name of municipality). A change of name of any borough may be effected, however, by a compliance with Sections 2‑4‑1 through 2‑4‑8.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑6) (from Ch. 24, par. 7‑2‑6)
Sec. 7‑2‑6. Municipalities which have united under Section 7‑2‑1 shall be deemed to have adopted the City Election Law, as heretofore and hereafter amended.
Within 10 days after compliance with Section 7‑2‑1, the Chief Judge of the Circuit Court or any Judge of that Circuit designated by the Chief Judge within which the boroughs are situated shall create a board of election commissioners as provided in the City Election Law. This board shall perform all duties necessary for holding the first and subsequent elections in the boroughs and in the united city.
(Source: P.A. 80‑571.) |
(65 ILCS 5/7‑2‑7) (from Ch. 24, par. 7‑2‑7)
Sec. 7‑2‑7. The day of the first election of officers of the united city shall be the next regular election date at which municipal officers are scheduled to be elected as provided in the general election law, occurring not less than 90 days after the proclamation of the union or, if a municipal primary is required, not less than 150 days thereafter. The regular general municipal election shall occur thereafter at the time provided in the general election law.
(Source: P.A. 81‑1490.) |
(65 ILCS 5/7‑2‑8) (from Ch. 24, par. 7‑2‑8)
Sec. 7‑2‑8. The terms of all popularly elected officers in the boroughs shall expire 30 days after the first election of officers as provided in Sections 7‑2‑6 and 7‑2‑7. Until the expiration of their terms of office as provided herein, all elected officers in the boroughs shall continue to exercise all duties imposed by law, and shall take whatever steps are necessary and consistent with the provisions of this Division to effectuate the union of the municipalities. The terms of all popularly elected officers of the united city at the first election shall begin at the end of 30 days after the first election. The terms of the popularly elected officers of the united city shall end 30 days after the regular election at which their successors are chosen but if the successor to any such officer fails to qualify prior to the expiration of the 30‑day period, the officer whose term thus expires shall continue to hold office and perform the duties of his office until such time as a successor qualifies for office. All appointed officers of each borough shall retain their offices and perform their duties in the borough for which they were appointed, until superseded by successors appointed for the united city. However, these appointed officers who are not superseded shall obey the orders of the officers of the united city.
(Source: Laws 1965, p. 1267.) |
(65 ILCS 5/7‑2‑9) (from Ch. 24, par. 7‑2‑9)
Sec. 7‑2‑9. Each borough shall retain and pay any debt or liability which exists immediately prior to the formation of the united city. The title to and revenue from all property of each borough is transferred to the united city, except so much thereof as may be necessary to pay any debt or liability which existed immediately prior to the formation of the united city. With respect to the property transferred, the united city may consolidate, interconnect and manage any municipally owned facility, utility, water, sewerage or sewerage disposal system, provided that such consolidation, interconnection or management does not adversely affect the rights of any existing bond holders. If the bonds of any municipality, before it becomes a borough, have been registered with the State Auditor of Public Accounts, as required by law, the county clerk of the county in which the borough is located shall certify forthwith the fact of the formation of the union to the Auditor. The Auditor shall continue to certify any existing tax rate, and the county clerk shall continue to extend such existing tax rate upon the taxable property of the particular borough alone until the payment of the principal or interest of the bonds of the borough is complete. Nothing in this section shall be construed to prevent the united city from incurring indebtedness for the city as a whole after its formation.
(Source: Laws 1965, p. 1267.) |
(65 ILCS 5/7‑2‑10) (from Ch. 24, par. 7‑2‑10)
Sec. 7‑2‑10. If any municipality, before it becomes a borough, has enacted its annual appropriation ordinance, but has not enacted an ordinance levying a tax that is sufficient to produce revenue equal to its appropriations for the current fiscal year, then the corporate authorities of the united city may include the estimated deficit in the amount for which the annual tax levy of the united city will make provision.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑11) (from Ch. 24, par. 7‑2‑11)
Sec. 7‑2‑11. The formation of a union as provided in Section 7‑2‑1 shall not adversely affect the collection of any revenue or the enforcement of any tax or special assessment, levied or assessed in any municipality that has become a borough of a united city. Proceedings to collect revenues and enforce such taxes or special assessments may be instituted and carried on in the name of the municipality. All such revenues, taxes and special assessments that are collected, shall be paid over to the treasurer of the united city, but they shall be used for the purpose for which they were levied or assessed.
(Source: Laws 1965, p. 1267.) |
(65 ILCS 5/7‑2‑11.1) (from Ch. 24, par. 7‑2‑11.1)
Sec. 7‑2‑11.1. Where a tax rate or rates have been authorized by referendum in any municipality that has become a borough of a united city as provided in Section 7‑2‑1, proceedings to levy, collect and enforce such taxes in all boroughs of the united city may be instituted and carried on in the name of the united city. All such taxes that are collected shall be paid over to the treasurer of the united city, but they shall be used for the purpose for which they were levied in all of the boroughs of the united city.
(Source: Laws 1965, p. 2684.) |
(65 ILCS 5/7‑2‑12) (from Ch. 24, par. 7‑2‑12)
Sec. 7‑2‑12. All suits pending in any court on behalf of or against any municipality, when it becomes a borough of a united city, may be prosecuted or defended in the name of the municipality. Judgments in favor of the municipality may be collected or enforced in the name of the municipality but the proceeds shall be paid over to the treasurer of the united city.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑13) (from Ch. 24, par. 7‑2‑13)
Sec. 7‑2‑13. If any municipality, before it becomes the borough of a united city, has instituted proceedings to improve any street or alley or to construct any authorized public works by special assessment or special taxation, the proceedings may be carried to finality in the name of the municipality. Likewise, any proceeding by such a municipality to take land in order to open a street or alley or to construct authorized public works may be carried to finality in the name of the municipality. Proceedings to collect and enforce any resulting special assessments or taxes and the disposition of the proceeds thereof shall be governed by Section 7‑2‑11.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑15) (from Ch. 24, par. 7‑2‑15)
Sec. 7‑2‑15. All policemen and firemen lawfully in the employment of any municipality that becomes a borough of a united city shall become members of the police or fire department, respectively, of the united city.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑16) (from Ch. 24, par. 7‑2‑16)
Sec. 7‑2‑16. All valid ordinances or resolutions of and all valid decisions determined through a referendum of the voters in any municipality which becomes a borough of a united city, regulating or prohibiting the sale of alcoholic liquor shall remain valid, notwithstanding the formation of the union, until validly changed by a compliance with "An Act relating to alcoholic liquors," approved January 31, 1934, as heretofore and hereafter amended. The local liquor control commissioner of any municipality, which becomes a borough of a united city, shall continue as such until superseded by the mayor of the united city.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑17) (from Ch. 24, par. 7‑2‑17)
Sec. 7‑2‑17. If annexation of any territory is made to a united city, it shall become a part of the borough to which it is contiguous. If it is contiguous to 2 or more boroughs, it shall be apportioned between them by ordinance of the united city.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑18) (from Ch. 24, par. 7‑2‑18)
Sec. 7‑2‑18. A municipality contiguous to a united city may be annexed to the united city as a borough thereof, by a compliance with Sections 7‑1‑1 through 7‑1‑45.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑19) (from Ch. 24, par. 7‑2‑19)
Sec. 7‑2‑19. Whenever a united city is formed by a compliance with Section 7‑2‑1 and the decision is in favor of an aldermanic form of municipal government, the united city shall be governed, after the first election held in compliance with Section 7‑2‑7, by a council composed of a mayor and a board of aldermen selected by the electors of the united city as provided by the provisions of this Code relating to the election of city officers, except that all elections in a united city are controlled by the City Election Law as provided in Section 7‑2‑6.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑20) (from Ch. 24, par. 7‑2‑20)
Sec. 7‑2‑20. If the decision at the election under Section 7‑2‑1 is in favor of the commission form of municipal government, the united city shall be governed, after the first election held in compliance with Section 7‑2‑7, by a council, consisting of a mayor and a board of 4 commissioners. One commissioner shall be elected by the electors in each borough. If there are less than 4 boroughs, the remainder of the commissioners shall be elected by the electors of the united city. The nomination petitions of the candidates for the commissioners who are to be elected by the electors in a particular borough shall be signed only by electors of that particular borough. In other respects the nomination and election of officers shall be conducted in compliance with Sections 4‑3‑1 through 4‑3‑18. Likewise the tenure of office shall be the same as that provided in Section 4‑3‑4.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑21) (from Ch. 24, par. 7‑2‑21)
Sec. 7‑2‑21. In addition to the requirements of the general election law, a distinct ballot shall be printed for each borough for the primary election. At the top of the ballot shall be the following: CANDIDATES FOR NOMINATION FOR MAYOR AND COMMISSIONERS AT LARGE OF THE UNITED CITY OF..... Under the sub‑title of FOR MAYOR shall be placed the following: (VOTE FOR ONE). If any commissioner at large is to be nominated there shall be placed below the names of the candidates for mayor another sub‑title in the singular or plural form, depending on the facts, the following: FOR COMMISSIONER AT LARGE. Following this sub‑title there shall be an instruction in this form, to be altered, however, to conform to the facts. (VOTE FOR ONE). Following the names of the candidates for commissioner at large, if any, there shall be another sub‑title in the following form: FOR COMMISSIONER FROM THE BOROUGH OF..... Following this sub‑title there shall be the following direction: (VOTE FOR ONE). In other respects the form of the ballot shall be controlled by Section 4‑3‑10.
(Source: P.A. 81‑1490.) |
(65 ILCS 5/7‑2‑22) (from Ch. 24, par. 7‑2‑22)
Sec. 7‑2‑22. To determine the number of nominees who shall be placed on the ballot under each sub‑title at the general city election, the number of officers who will be chosen under each sub‑title shall be multiplied by 2. Only those candidates at the primary election shall be nominees under each sub‑title at the general city election who have received the 2 highest number of votes, where but one officer is to be elected, the 4 highest where but 2 officers are to be elected, and in this manner as far as necessary.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑23) (from Ch. 24, par. 7‑2‑23)
Sec. 7‑2‑23. If a candidate nominated at a primary election for a particular office dies or withdraws before the general city election, the vacancy on the ballot shall be filled with the name of the candidate for the same office who ranked next highest in the number of votes received at the primary to those who were determined to be the nominees for the office sought by the dead or withdrawing candidate.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑24) (from Ch. 24, par. 7‑2‑24)
Sec. 7‑2‑24. The ballots for the election of officers at the general city election in a united city shall be prepared in accordance with the general election law, and in accordance with Section 4‑3‑16, with the following changes: (1) Following the names of the candidates for mayor there shall be printed a sub‑title: FOR COMMISSIONER (or COMMISSIONERS) AT LARGE. Following this sub‑title shall be an instruction in this form: (Vote for one) or (Vote for not more than 2), as the case may be. The names of the candidates for commissioner at large shall follow this instruction. (2) Following the names of the candidates at large shall be printed another sub‑title: FOR COMMISSIONER FROM THE BOROUGH OF..... Following this sub‑title shall be an instruction in this form: (Vote for one) and following this instruction shall be printed the names of the 2 nominees. Sections 7‑2‑20 through 7‑2‑24 are applicable only to united cities under a commission form of government.
(Source: P.A. 95‑862, eff. 8‑19‑08.)
(65 ILCS 5/7‑2‑25) (from Ch. 24, par. 7‑2‑25)
Sec. 7‑2‑25. Every valid ordinance of a municipality that becomes a borough of a united city shall remain valid within that borough until repealed by an ordinance of the united city either expressly or impliedly by legislation on the same subject.
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑26) (from Ch. 24, par. 7‑2‑26)
Sec. 7‑2‑26. The formation of a united city under Section 7‑2‑1 shall not effect a union of the schools in the boroughs of the united city. The united city before the schools themselves are united shall not be responsible for any school debt or any school obligation in a municipality that becomes a borough or in a borough after the formation of the united city. Each school in a borough, until the schools themselves are united, shall be governed, as far as possible, as if the united city had not been formed. Statutes providing that school officials may act only with the concurrence of the city council shall not apply to schools in a united city until the schools are united in compliance with statutes governing schools. However, after the formation of a united city, and before the school themselves are united, the name of each school district therein shall be amended by substituting the word "Borough" in place of the word "City," "Village," or "Town".
(Source: Laws 1961, p. 576.) |
(65 ILCS 5/7‑2‑27) (from Ch. 24, par. 7‑2‑27)
Sec. 7‑2‑27. At any general municipal election, the question of the dissolution of the united city may be submitted to the electors by a compliance, as near as may be, with Sections 7‑6‑1 through 7‑6‑6. However, the petition in such cases shall request that the dissolution of the united city be submitted to the electors of the united city and the question shall be in the following form:
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