(65 ILCS 5/Art. 7 heading)
(65 ILCS 5/Art. 7 Div. 1 heading)
(65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
Sec. 7-1-1. Annexation of contiguous territory. Any territory that is not within the corporate limits of any municipality but
is contiguous to a municipality may be annexed to the municipality as provided
in this Article. For the purposes of this Article any territory to be annexed
to a municipality shall be considered to be contiguous to the municipality
notwithstanding that the territory is separated from the municipality by a lake, river, or other waterway or the territory is separated from the municipality by a
strip parcel, railroad or public utility right-of-way, or former railroad right-of-way that has been converted to a recreational trail, but upon annexation the area included
within that strip parcel, right-of-way, or former right-of-way shall not be considered to be annexed to the
municipality. For purposes of this Section, "strip parcel" means a separation no wider than 30 feet between the territory to be annexed and the municipal boundary.
Except in counties with a population of more than
600,000
but
less than 3,000,000, territory which is not contiguous to a municipality but is
separated therefrom only by a forest preserve district, federal wildlife refuge, open land or open space that is part of an open space program, as defined in Section 115-5 of the Township Code, or conservation area, may be annexed to the
municipality pursuant to Section 7-1-7 or 7-1-8, but
only if the annexing municipality can show that the forest preserve district, federal wildlife refuge, open land, open space, or conservation area
creates an artificial barrier preventing the annexation and that the location
of the forest preserve district, federal wildlife refuge, open land, open space, or conservation area property prevents the orderly natural growth of
the annexing municipality. Except for parcels of land less than one acre in size, it shall be conclusively presumed that the forest
preserve district, federal wildlife refuge, open land, open space, or conservation area does not create an artificial barrier if the property sought
to be annexed is bounded on at least 3 sides by (i) one or more other
municipalities (other than the municipality seeking annexation through the
existing forest preserve district, federal wildlife refuge, open land, open space, or conservation area), (ii) forest preserve district property, federal wildlife refuge, open land, open space, or conservation area, or
(iii) a combination of other municipalities and forest preserve district
property, federal wildlife refuge property, open land, open space, or conservation area. Except of parcels of land less than one acre in size, it shall also be conclusively presumed that the forest preserve
district, federal wildlife refuge, open land, open space, or conservation area
does not create an artificial barrier if the municipality seeking
annexation is not the closest municipality within the county to the property to be annexed.
The territory included
within such forest preserve district, federal wildlife refuge,
open land, open space, or conservation area shall not be annexed to the municipality
nor shall the territory of the forest preserve district, federal wildlife refuge, open land, open space, or conservation area be subject to
rights-of-way for access or services between the parts of the municipality
separated by the forest preserve district, federal wildlife refuge, open land, open space, or conservation area without the consent of the governing
body of the forest preserve district or federal wildlife refuge. Parcels of land less than one acre in size may be annexed to the municipality pursuant to Section 7-1-7 or 7-1-8 if it would be contiguous to the municipality but for the separation therefrom by a forest preserve district, federal wildlife refuge, open land or open space that is part of an open space program, as defined in Section 115-5 of the Township Code, or conservation area.
The changes made to this Section by Public Act 91-824 are
declaratory of existing law and shall not be construed as a new enactment.
For the purpose of this Section, "conservation area" means an area dedicated to conservation and owned by a not-for-profit organized under Section 501(c)(3) of the Internal Revenue Code of 1986, or any area owned by a conservation district.
In counties that are contiguous to the Mississippi River with populations
of more than 200,000 but less than 255,000, a municipality that is partially
located in territory that is wholly surrounded by the Mississippi River and a
canal, connected at both ends to the Mississippi River and located on property
owned by the United States of America, may annex noncontiguous territory in the
surrounded territory under Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated from the municipality by property owned by the United States of
America, but that federal property shall not be annexed without the consent of
the federal government.
For the purposes of this Article, any territory to be annexed to a municipality that is located in a county with more than 500,000 inhabitants shall be considered to be contiguous to the municipality if only a river and a national heritage corridor separate the territory from the municipality. Upon annexation, no river or national heritage corridor shall be considered annexed to the municipality.
When any land proposed to be annexed is part of any Fire Protection
District or of any Public Library District and the annexing
municipality provides fire protection or a public library, as the case
may be, the Trustees of each District shall be notified in writing by
certified or registered mail before any court hearing or other action is
taken for annexation. The notice shall be served 10 days in advance.
An affidavit that service of notice has been had as provided by this
Section must be filed with the clerk of the court in which the
annexation proceedings are pending or will be instituted or, when no
court proceedings are involved, with the recorder for the
county where the land is situated. No annexation of that land is
effective unless service is had and the affidavit filed as provided in
this Section.
The new boundary shall extend to the far side of any adjacent highway
and shall include all of every highway within the area annexed. These
highways shall be considered to be annexed even though not included in
the legal description set forth in the petition for annexation. When
any land proposed to be annexed includes any highway under the
jurisdiction of any township, the Township Commissioner of Highways,
the Board of Town Trustees, the Township Supervisor, and the Township Clerk shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
annexation. In the event that a municipality fails to notify the Township
Commissioner of Highways, the Board of Town Trustees, the Township Supervisor, and the Township Clerk of the annexation
of an area within the township, the municipality shall reimburse that
township for any loss or liability caused by the failure to give
notice. If any municipality has annexed any area before October 1,
1975, and the legal description in the petition for annexation did not
include the entire adjacent highway, any such annexation shall be valid and any
highway adjacent to the area annexed shall be considered to be annexed
notwithstanding the failure of the petition to annex to include the
description of the entire adjacent highway.
When annexing territory separated from the municipality by a lake, river, or other waterway, the municipality also annexes the portion of the lake, river, or other waterway that would make the municipality and territory contiguous if the lake, river, or other waterway is under the jurisdiction and control of another unit of local government or the State, or the federal government if allowed under federal law, except for any territory within the corporate limits of another municipality.
Any annexation, disconnection and annexation, or disconnection under
this Article of any territory must be reported by certified or
registered mail by the corporate authority initiating the action to the
election authorities having jurisdiction in the territory, the Department of Transportation, and the post
office branches serving the territory within 30 days of the annexation,
disconnection and annexation, or disconnection.
Failure to give notice to the required election authorities or
post office branches will not invalidate the annexation or
disconnection. For purposes of this Section "election authorities"
means the county clerk where the clerk acts as the clerk of elections
or the clerk of the election commission having jurisdiction.
No annexation, disconnection and annexation, or disconnection under
this Article of territory having electors residing therein made (1)
before any primary election to be held within the municipality
affected thereby and after the time for filing petitions as a candidate
for nomination to any office to be chosen at the primary election or (2) within
60 days before any general election to be held within the municipality shall be
effective until the day after the date of the primary or general election, as
the case may be.
For the purpose of this Section, a toll highway or connection between
parcels via an overpass bridge over a toll highway shall not be
considered a deterrent to the definition of contiguous territory.
When territory is proposed to be annexed
by court order under this Article, the corporate
authorities or petitioners
initiating the action shall notify each person who pays real estate taxes on
property within that territory unless the person is a petitioner. The notice
shall be served
by certified
or registered mail, return receipt requested, at least 20 days before a court
hearing or other court action.
If the person
who pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the proposed
annexation.
(Source: P.A. 102-969, eff. 1-1-23.)
(65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
Sec. 7-1-1.1.
Elector.
For the purposes of this Division 1, "elector"
means anyone registered to vote.
(Source: P.A. 90-14, eff. 7-1-97.)
(65 ILCS 5/7-1-2) (from Ch. 24, par. 7-1-2)
Sec. 7-1-2.
(a) A written petition signed by a majority of the owners
of record of land in the territory and also by a majority of the electors,
if any, residing in the territory shall be filed with the circuit court
clerk of the county in which the territory is located, or the corporate
authorities of a municipality may initiate the proceedings by enacting an
ordinance expressing their desire to annex the described territory.
A person owning land underlying a highway shall not be considered an owner of
record for purposes of this petition unless that person owns some land not
underlying a highway proposed to be annexed in the petition for annexation.
No
tract of land in excess of 10 acres in area may be included in the
ordinances of a municipality initiating the proceedings, however, without
the express consent of the owner of the tract unless the tract (i) is
subdivided into lots or blocks or (ii) is bounded on at least 3 sides by
lands subdivided into lots or blocks. A tract of land shall be deemed so
bounded if it is actually separated from the subdivision only by the
right-of-way of a railroad or other public utility or at a public highway.
The petition or ordinance, as the case may be, shall request the annexation
of the territory to a specified municipality and also shall request that
the circuit court of the specified county submit the question of the
annexation to the corporate authorities of the annexing municipality or to
the electors of the unincorporated territory, as the case may be. The
circuit court shall enter an order fixing the time for the hearing upon the
petition, and the day for the hearing shall be not less than 20 nor more
than 30 days after the filing of the petition or ordinance, as the case may be.
(b) The petitioners or corporate authorities, as the case may be, shall
give notice of the annexation petition or ordinance, as the case may be,
not more than 30 nor less than 15 days before the date fixed for the
hearing. This notice shall state that a petition for annexation or
ordinance, as the case may be, has been filed and shall give the substance of
the petition, including a description of the territory to be annexed, the
name of the annexing municipality, and the date fixed for the hearing.
This notice shall be given by publishing a notice at least once
in one or more newspapers published in the annexing municipality or, if
no newspaper is published in the annexing municipality, in one or more
newspapers with a general circulation within the annexing municipality and
territory. A copy of this notice shall be filed with the clerk of the
annexing municipality and the municipal clerk shall send, by registered
mail, an additional copy to the highway commissioner of each road district
within which the territory proposed to be annexed is situated. If a
municipal clerk fails to send the notice to a highway commissioner as
required by this subsection, the municipality shall reimburse the road
district served by that highway commissioner for any loss or liability
caused by that failure. Any notice required by this Section need not include a metes and bounds legal description of the territory to be annexed, provided that the notice includes: (i) the common street address or addresses and (ii) the property index number ("PIN") or numbers of all the parcels of real property contained in the territory to be annexed.
(c) The petitioners or corporate authorities, as the case may be, shall
pay to the clerk of the circuit court $10 as a filing and service fee,
and no petition or ordinance, as the case may be, shall be filed until
this fee is paid.
(d) No petitioner may withdraw from this petition
except by consent of the majority of the other petitioners, or
where it is shown to the satisfaction of the court that the signature of
the petitioner was obtained by fraud or misrepresentation.
(e) If a State charitable institution is situated upon a tract or
tracts of land that lie partly within and partly without the corporate
limits of any municipality, the corporate authorities of the municipality
may by resolution without any petition or proceedings required by this
Article but with the written consent of the Director of the State
Department having jurisdiction of the institution, annex any part or all of
the tracts lying without the corporate limits.
(f) If real estate owned by the State of Illinois or any board,
agency, or commission of the State is situated in unincorporated territory
adjacent to a municipality, the corporate authorities of the municipality
may annex any part or all of the real estate only with the written consent
of the Governor or the governing authority of the board, agency, or
commission, without any petition or proceedings required by this Article by
resolution of the corporate authorities. This requirement does not apply,
however, to State highways located within territory to be annexed under
this Article.
(Source: P.A. 97-336, eff. 8-12-11.)
(65 ILCS 5/7-1-3) (from Ch. 24, par. 7-1-3)
Sec. 7-1-3.
After the filing of the petition but not less than 5 days prior
to the date fixed for the hearing, any interested person may file with the
circuit clerk his objections (1) that the territory described in the
petition or ordinance, as the case may be, is not contiguous to the
annexing municipality, (2) that the petition is not signed by the requisite
number of electors or property owners of record, (3) that the description
of the territory contained in the petition or ordinance, as the case may
be, is inadequate, or (4) that the objector's land is located on the
perimeter of such territory, that he does not desire annexation, and that
exclusion of his land will not destroy the contiguity of such described
property with the annexing municipality.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/7-1-4) (from Ch. 24, par. 7-1-4)
Sec. 7-1-4.
The cause shall be heard without further pleadings.
At
the hearing the objector may be heard in person or by counsel.
Prior to hearing evidence on the validity of the annexation petition
or ordinance, the court shall hear and determine any objection under
sub-paragraph (4) of Section 7-1-3. If the court is satisfied that such
objection is valid, it shall order the petition or ordinance to be
amended to eliminate such objector's land from the territory sought to
be annexed. Thereafter upon this hearing the only matter for
determination shall be the validity of the annexation petition or
ordinance, as the case may be, and the decision of the court shall be
final. All petitions shall be supported by an affidavit of one or more
of the petitioners, or some one on their behalf, that the signatures on
the petition represent a majority of the property owners of record of land
in the territory described
and a majority of the electors of the territory therein described.
Petitions so verified shall be accepted as prima facie evidence of such
facts. If the court finds that (1) the annexation petition is not signed
by the requisite number of electors or property owners of record; or (2)
that the described property is not contiguous to the annexing
municipality; or (3) that the description is materially defective; or
(4) that the petition or ordinance, as the case may be, is otherwise
invalid, the court shall dismiss the petition or ordinance, as the case
may be.
But if the court finds that the petition or ordinance, as the case
may be, is valid, the court shall (1) enter an order describing the
territory to be annexed, (2) find that the petition or ordinance, as the
case may be, conforms to this Article, and (3) direct that the question
of annexation be submitted to the corporate authorities of the annexing
municipality or to the electors of the unincorporated territory, as the
case may be, for final action. A certified copy of the order of the
court directing that the question of annexation be submitted to the
corporate authorities shall be sent to the clerk of the annexing
municipality.
Appeals shall lie from any final order of the court as in other civil actions.
(Source: P.A. 81-448.)
(65 ILCS 5/7-1-5) (from Ch. 24, par. 7-1-5)
Sec. 7-1-5.
After the clerk receives the certified copy of the order of the
court, the corporate authorities of the annexing municipality shall proceed
to consider the question of the annexation of the described territory. A
majority vote of the corporate authorities then holding office is required
to annex. The vote shall be by "ayes" and "noes" entered on the legislative
records. Except as is otherwise provided in Section 7-1-1, this decision
shall be effective after the expiration of 30 days unless a referendum
on the question is ordered by the corporate authorities or unless a
petition for a referendum is filed. If no referendum is ordered by the
corporate authorities and no petition for a referendum is filed, the
municipal clerk shall, promptly after the expiration of the 30 days, send
written notice of the annexation by registered mail to the highway
commissioner of each road district within which the annexed
territory is described. If a municipal clerk fails to send any notice to a
highway commissioner as required by this Section, the municipality shall
reimburse the road district served by that highway commissioner for any
loss or liability caused by that failure.
(Source: P.A. 87-533.)
(65 ILCS 5/7-1-5.1) (from Ch. 24, par. 7-1-5.1)
Sec. 7-1-5.1.
(a) This Section shall apply when the following
conditions are met with respect to any tract within the territory sought to be annexed:
(1) the tract is commercial or industrial property;
(2) the tract is owned by a single owner;
(3) the tract is all or part of a parcel that lies on both sides of the
Illinois and Michigan Canal;
(4) the tract is all or part of a parcel containing more than 800 acres; and
(5) the tract is located entirely within a county having a population of
at least 300,000 but not more than 400,000.
(b) If the conditions of subsection (a) are met, then the following shall apply:
(1) Notwithstanding the provisions of Section 7-1-2, the notice of the
annexation petition or ordinance, as the case may be, shall be given by the
petitioner or corporate authorities, as the case may be, by publishing such
notice in one newspaper of general circulation for 3 consecutive days, the
third day of publication being not less than 30 and not more than 45 days
prior to the date fixed for the hearing.
(2) Every owner of record of commercial or industrial property of 50
acres or more which lies within the territory to be annexed shall be
notified by the petitioner or corporate authorities, as the case may be, by
certified mail, of the public hearing, any meeting of the corporate
authorities where a vote is to be taken in regard to the proposed
annexation, and any impending referendum to annex, at least 30 days prior
to any such public hearing, meeting, or referendum.
(3) Notwithstanding the provisions of Section 7-1-5, the ordinance shall
be enacted not less than 30 and not more than 45 days after the public hearing.
(4) No territory shall be annexed by any proceeding which does not
require the consent of the owner of record unless at least one-third of
such territory is used and occupied for residential purposes at the time of
annexation.
(Source: P.A. 85-1421.)
(65 ILCS 5/7-1-5.2) (from Ch. 24, par. 7-1-5.2)
Sec. 7-1-5.2.
Annexation of contiguous territory contributing to
groundwater contamination.
(a) The corporate authorities of a municipality adjoining
unincorporated territory in which the majority of residential, business,
commercial, and industrial structures and improvements are contaminating the
groundwater of the State through the direct discharge of sanitary sewerage
into underground mines and Class 5 injection wells, as defined by the
Illinois Groundwater Pollution Control Code, may annex that territory, in
whole or in part, after adopting an ordinance to that effect and filing it
with the clerk of the circuit court of the county in which the territory is
located. The ordinance shall certify the following:
The circuit court shall enter an order fixing the date and time for a hearing
on the proposed annexation. The date for the hearing shall be not less than
20 nor more than 30 days after the filing of the ordinance. The corporate
authorities shall give notice of the proposed annexation not more than 30
nor less than 15 days before the date fixed for the hearing. This notice
shall state that an ordinance has been filed and shall give the substance of
the ordinance, including a description of the territory to be annexed, the name
of the annexing municipality, and the date fixed for the hearing. This notice
shall be given by publishing it at least once in one or more newspapers
published in the annexing municipality. A copy of this notice shall be filed
with the clerk of the annexing municipality.
The corporate authorities shall pay to the clerk of the circuit court $10
as a filing and service fee, and no ordinance shall be filed until this fee is
paid.
(b) After the filing of the ordinance, but not less than 5 days before
the date fixed for the hearing, any interested person may file with the
clerk of the circuit court objections (i) that the territory described in the
ordinance is not contiguous to the annexing municipality, (ii) that all or a
portion of the territory described in the ordinance is included within the
boundaries of another municipality, (iii) that a majority of all residential,
business, commercial, and industrial structures and improvements in the
territory sought to be annexed are not discharging untreated sanitary
sewerage directly into underground mines or Class 5 injection wells as
defined by the Illinois Groundwater Pollution Control Code, (iv) that the
corporate authorities of the municipality seeking annexation do not have a
plan for eliminating groundwater contamination by providing sanitary
sewerage collection and treatment facilities to serve the territory sought
to be annexed within 5 years from the date of annexation to the
municipality, (v) that the description of the territory contained in the
ordinance is inadequate, or (vi) that a tract of land in excess of 10 acres
has been included in the ordinance without the express consent of the owner
or owners of the tract.
(c) The cause shall be heard without further pleadings. At the hearing
the objectors may be heard in person or by counsel. The court shall hear and
determine only objections set forth in subsection (b). The only matters for
determination at the hearing shall be the validity of the annexation
ordinance, and the decision of the court shall be final. If the court
finds (i) that the territory described in the ordinance is not contiguous
to the annexing municipality, (ii) that all or a portion of the territory
described in the ordinance is included within the boundaries of another
municipality, (iii) that a majority of all residential, business, commercial,
and industrial structures and improvements in the territory sought to be
annexed are not discharging untreated sanitary sewerage directly into
underground mines or Class 5 injection wells as defined by the Illinois
Groundwater Pollution Control Code, (iv) that the corporate authorities of
the municipality seeking annexation do not have a plan for eliminating
groundwater contamination by providing sanitary sewerage collection and
treatment facilities to serve the territory sought to be annexed within 5
years from the date of annexation to the municipality, (v) that the
description of the territory contained in the ordinance is inadequate, or
(vi) that a tract of land in excess of 10 acres has been included in the
ordinance without the express consent of the owner or owners of the tract, then
the court shall find the ordinance invalid and dismiss the petition.
If the court finds that the ordinance is valid, the court shall (i)
enter an order describing the territory to be annexed, (ii) find that the
ordinance complies with this Section, and (iii) direct that the question of
annexation be submitted to the corporate authorities of the annexing
municipality for final action. A certified copy of the order of the court
directing that the question of annexation be submitted to the corporate
authorities shall be sent to the clerk of the annexing municipality.
A final order of the court may be appealed as in other civil actions.
(d) After the municipal clerk receives the certified copy of the court
order, the corporate authorities of the annexing municipality shall proceed
to consider the question of the annexation of the described territory. A
majority vote of the corporate authorities then holding office is required
to annex the territory. The vote shall be by "ayes" and "nays" entered on the
legislative records of the municipality. Except as otherwise provided in
Section 7-1-1, this decision of the corporate authorities shall be effective
after the expiration of 30 days.
(Source: P.A. 87-1196.)
(65 ILCS 5/7-1-5.3)
Sec. 7-1-5.3. Planned unit development; rail-trail. When a developer petitions a municipality to annex property for a planned unit development of residential, commercial, or industrial sub-divisions that is located adjacent to a former railroad right-of-way that has been converted to a recreational trail ("rail-trail") that is owned by the State, a unit of local government, or a non-profit organization, the municipality shall notify the State, unit of local government, or non-profit organization and furnish the proposed development plans to the State, unit of local government, or non-profit organization for review. The municipality shall require the developer petitioning for annexation to reasonably accommodate the rail-trail and modify its proposed development plans to ensure against adverse impacts to the users of the rail-trail or the natural and built resources within the right-of-way. If the municipality does not require the developer to make a modification prior to annexation, the municipality shall provide a written explanation to the State, unit of local government, or non-profit organization owning the rail-trail. The intent of this review and planning process is to ensure that no development along a rail-trail negatively affects the safety of users or the natural and built resources within the right-of-way.
(Source: P.A. 94-361, eff. 1-1-06.)
(65 ILCS 5/7-1-6) (from Ch. 24, par. 7-1-6)
Sec. 7-1-6.
(a) If the vote is in favor of annexing the described
territory, the corporate authorities on their own motion may order a
referendum on the question. If the corporate authorities reject
annexation, or do not order a referendum, then within the 30 day period
a petition may be filed with the municipal clerk requesting that
the question of the annexation of the described territory be submitted
to the electors of the annexing municipality. The petition shall be
signed by electors of the annexing municipality equal in number to 10%
of the entire vote cast for all candidates for mayor or president of the
annexing municipality at the last preceding general municipal election.
The municipal clerk shall certify the proposition to the proper election
authority for submission to the electors at an election in accordance with
the general election law and shall send, by registered mail, a notice of
the date of the prospective referendum to the highway commissioner of each
road district within which the described territory is situated.
(b) If a majority of the electors voting on this question favor
annexation, the decision of the corporate authorities, if in favor of
annexation, shall be final. If a majority of the electors voting on this
question favor annexation, after the corporate authorities have rejected
annexation, the decision of the electors shall be final. In either case,
the described territory shall thereupon be a part of the annexing municipality.
(c) If the vote is against annexation, no further proceedings shall be
had on that petition for annexation, and no action in favor of the
annexation shall have any effect. After the referendum, the municipal clerk
shall promptly send written notice of the results of the referendum by
registered mail to the highway commissioner of each road district within
which the described territory is situated. This, however, shall not prevent
the subsequent annexation of the described territory upon another petition.
(d) If a municipal clerk fails to send any notice to a highway
commissioner as required by this Section, the municipality shall reimburse
the road district served by that highway commissioner for any loss or
liability caused by that failure.
(Source: P.A. 87-533.)
(65 ILCS 5/7-1-7) (from Ch. 24, par. 7-1-7)
Sec. 7-1-7.
(a) If the court finds that an annexation ordinance is
valid, the court shall enter an order directing the submission of the
question of annexation of the unincorporated territory to the electors of
that territory at an election in accordance with the general election law
and directing the clerk of the annexing municipality to send, by registered
mail, a notice of the date of the prospective referendum to the highway
commissioner of each road district within which the territory proposed to
be annexed is situated. The clerk of the circuit court shall certify the
question for submission.
(b) If a majority of those casting ballots favor
annexation, the described
territory shall, except as otherwise provided in Section 7-1-1, thereupon
be a part of the annexing municipality. Within 15 days after the
referendum, the clerk of the annexing municipality shall promptly send
written notice of the results of the referendum by registered mail to the
highway commissioner of each road district within which the territory is
situated.
(c) If a municipal clerk fails to send any notice to a highway
commissioner as required by this Section, the municipality shall reimburse
the road district served by that highway commissioner for any loss or
liability caused by that failure.
(Source: P.A. 87-533; 88-355.)
(65 ILCS 5/7-1-8) (from Ch. 24, par. 7-1-8)
Sec. 7-1-8.
Any territory which is not within the corporate limits of any
municipality but which is contiguous to a municipality at the time of
annexation and which territory
has no electors residing therein, or any such territory with electors
residing therein, may be annexed to the municipality in the following
manner: a written petition signed by the owners of record of all land
within such territory and by at least 51% of the electors residing therein
shall be filed with the municipal clerk. The petition shall request
annexation and shall state that no electors reside therein or that at least
51% of such electors residing therein join in the petition, whichever shall
be the case, and shall be under oath. The corporate authorities of the
municipality to which annexation is sought shall then consider the question
of the annexation of the described territory. A majority vote of the
corporate authorities then holding office is required to annex. The vote
shall be by "yeas" and "nays" entered on the legislative records. A copy of
the ordinance annexing the territory together with an accurate map of the
annexed territory shall be recorded with the recorder and filed
with the County Clerk within the county wherever the annexed territory is
located.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-9) (from Ch. 24, par. 7-1-9)
Sec. 7-1-9.
Whenever any contiguous, uninhabited, unincorporated
territory is owned by any municipality, that territory may be annexed by
that municipality by the passage of an ordinance to that effect,
describing the territory to be annexed. A copy of the ordinance, with an
accurate map of the annexed territory shall be recorded with the
recorder of the county wherein the annexed territory is
located and a document of annexation shall be filed with the county clerk
and County Election Authority.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-10) (from Ch. 24, par. 7-1-10)
Sec. 7-1-10.
Any municipality by ordinance may annex any territory
contiguous to it even though the annexed territory is dedicated or used
for street or highway purposes under the jurisdiction of the Department
of Transportation of the State of Illinois, or a county or township
highway department if no part of the annexed territory is within any
other municipality. After the passage of the ordinance of annexation a
copy of the ordinance, with an accurate map of the territory annexed,
certified as correct by the clerk of the municipality, shall be filed
with the recorder of the county in which the annexed territory
is situated and a document of annexation shall be filed with the county
clerk and County Election Authority.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-10.5)
Sec. 7-1-10.5. Disconnection or de-annexation of annexed highways. Notwithstanding any other law or regulation, if any highway that was, prior to annexation, a township highway is disconnected or de-annexed within one year after the original annexation, the jurisdiction of the highway shall revert back to the township that had jurisdiction immediately before the annexation.
(Source: P.A. 100-350, eff. 8-25-17.)
(65 ILCS 5/7-1-11) (from Ch. 24, par. 7-1-11)
Sec. 7-1-11.
The following is an optional method of annexing any
territory which, (1) is not less than one square mile in area; (2)
contains at least 500 inhabitants; (3) is not included within any
municipality; and (4) is contiguous to a municipality having not more
than 100,000 inhabitants. Such territory may be annexed to a
municipality of the specified sort as follows:
A petition, signed by not less than 100 of the electors of the
territory sought to be annexed and by the owners of record of more than
50% of such territory, shall be filed with the circuit court for the
county in which the territory is situated. The petition shall request
that the question of annexation of the territory described therein be
submitted to the electors of the territory.
No tract of land in excess of 10 acres in area shall be included in
the annexation petition without the express consent of the owner thereof
unless the tract is
(1) subdivided into lots or blocks; or
(2) bounded on at least 3 sides by lands subdivided into lots or
blocks.
The owner of record of land comprising any part of the perimeter of
the territory sought to be annexed may apply to the court for the
exclusion of his land from the territory described in such petition. The
court shall grant such application if the exclusion of such land will
not destroy the contiguity of the land sought to be annexed with the
annexing municipality.
After considering any such application, the court shall order the question
submitted within the territory at an election in accordance
with the general election law. The clerk of the circuit court shall certify
the question to the proper election authority for submission.
The result of the election shall be entered of record in the court.
If a majority of the votes cast on the question
favor annexation, the
court shall then give notice thereof to the corporate authorities of the
proposed annexing municipality. The corporate authorities shall then
vote on the question of such annexation and if a majority of their
membership, by a vote recorded in the minutes, vote in favor of the
annexation, an ordinance shall be passed annexing the territory. The
clerk of the annexing municipality shall certify and file a copy of the
annexation ordinance with a map showing the boundary lines of the
territory annexed, with the recorder of the county in which the
municipality is located and a document of annexation shall be filed with
the county clerk and County Election Authority.
If the question of such annexation does not receive the requisite
majority vote of the corporate authorities, the municipal clerk
shall certify the question at an election in accordance with the general election law.
If a majority of persons voting upon the question vote for
annexation, the described territory is annexed to the annexing
municipality. The clerk of the annexing municipality shall certify and
file a statement of the annexation proceeding with a map showing the
boundary lines of the territory annexed, as provided in this section.
If a majority of persons voting on the question vote against
annexation, no further proceedings shall be had on the question for at
least 22 months from the date of such election.
(Source: P.A. 83-1362.)
(65 ILCS 5/7-1-12) (from Ch. 24, par. 7-1-12)
Sec. 7-1-12.
Upon a written petition which is signed by a majority of
the owners of record of land in any contiguous unincorporated territory
wholly bounded by 2 or more municipalities and after the notice required
by this Section has been given, the specified territory may be annexed
by any one of the specified municipalities by the passage of an
ordinance providing therefor. The corporate authorities of the annexing
municipality shall cause notice of the filing of such petition to be
published once, in a newspaper of general circulation within the
territory to be annexed, not less than 10 days before the passage of the
annexation ordinance. When the territory to be annexed lies wholly or
partially within a township other than that township where the municipality
is situated, the annexing municipality shall give at least 10 days prior
written notice of the time and place of the passage of the annexation ordinance
to the township supervisor of the township where the territory to be
annexed lies. The ordinance shall describe the territory
annexed, which may not exceed 1/3 the area of the annexing municipality
before the annexation. A copy of the annexing ordinance and an accurate
map of the annexed territory shall be recorded by the recorder
of the county wherein the annexed territory is situated and a document of
annexation shall be filed with the county clerk and County Election Authority.
(Source: P.A. 86-769.)
(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
Sec. 7-1-13. Annexation.
(a) Whenever any unincorporated territory containing 60
acres or less, is wholly bounded by (a) one or more municipalities, (b)
one or more municipalities and a creek in a county with a population of
400,000 or more, or one or more municipalities and a river or lake in any
county, (c) one or more municipalities and the Illinois State
boundary, (d) except as provided in item (h) of this subsection (a), one or more municipalities and property owned by the
State of Illinois, except highway right-of-way owned in fee by the State,
(e) one or more municipalities and a forest preserve district or park district,
(f) if the territory is a triangular parcel of less than 10 acres, one or
more municipalities and an interstate highway owned in fee by the State and
bounded by a frontage road, (g) one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and either a railroad or operating property, as defined in the Property Tax Code (35 ILCS 200/11-70), being immediately adjacent to, but exclusive of that railroad property, (h) one or more municipalities located within a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and property owned by the State, including without limitation a highway right-of-way owned in fee by the State, or (i) one or more municipalities and property on which a federally funded research facility in excess of 2,000 acres is located, that territory may be annexed
by any municipality by which it is bounded in whole or in part,
by the passage of an ordinance to that effect after notice is given as
provided in subsection (b) of this Section. Land or property that is used for agricultural purposes or to produce agricultural goods shall not be annexed pursuant to item (g). Nothing in this Section shall subject any railroad property to the zoning or jurisdiction of any municipality annexing the property under this Section. The
ordinance shall describe the territory annexed and a copy thereof together
with an accurate map of the annexed territory shall be recorded in the
office of the recorder of the county wherein the annexed territory is
situated and a document of annexation shall be filed with the county clerk
and County Election Authority. Nothing in this Section shall be construed
as permitting a municipality to annex territory of a forest preserve
district in a county with a population of 3,000,000 or more without
obtaining the consent of the district pursuant to Section 8.3 of the
Cook County Forest Preserve District Act nor shall anything in this Section be construed as permitting a municipality to annex territory owned by a park district without obtaining the consent of the district pursuant to Section 8-1.1 of the Park District Code.
(b) The corporate authorities shall cause notice, stating that annexation of the territory described in the notice is contemplated under this Section, to be published once, in a newspaper of general circulation within the territory to be annexed, not less than 10 days before the passage of the annexation ordinance, and for land annexed pursuant to item (g) of subsection (a) of this Section, notice shall be given to the impacted land owners. The corporate authorities shall also, not less than 15 days before the passage of the annexation ordinance, serve written notice, either in person or, at a minimum, by certified mail, on the taxpayer of record of the proposed annexed territory as appears from the authentic tax records of the county. When the territory to be annexed lies wholly or partially within a township other than the township where the municipality is situated, the annexing municipality shall give at least 10 days prior written notice of the time
and place of the passage of the annexation ordinance to the township
supervisor of the township where the territory to be annexed lies. If the territory to be annexed lies within the unincorporated area of a county, then the annexing municipality shall give at least 10 days' prior written notice of the time
and place of the passage of the annexation ordinance to the corporate authorities of the county where the territory to be annexed lies.
(c) When notice is given as described in subsection (b) of this Section, no other municipality may annex the proposed territory for a period of 60 days from the date the notice is mailed or delivered to the taxpayer of record unless that other municipality has initiated annexation proceedings or a valid petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 of this Code has been received by the municipality prior to the publication and mailing of the notices required in subsection (b).
(Source: P.A. 96-1000, eff. 7-2-10; 96-1048, eff. 7-14-10; 96-1049, eff. 7-14-10; 97-333, eff. 8-12-11; 97-446, eff. 8-19-11.)
(65 ILCS 5/7-1-14) (from Ch. 24, par. 7-1-14)
Sec. 7-1-14.
Whenever real estate owned by any school district is situated
in unincorporated territory adjacent to any municipality it may be annexed
thereto as follows:
The board of directors or board of education of the school district
shall adopt a resolution recommending the annexation of such real estate by
the municipality. The resolution shall contain a complete description of
such real estate. The resolution shall direct the clerk or secretary of the
school board to transmit a copy thereof to the corporate authorities of the
municipality. If such corporate authorities, by a majority vote of the
members then holding office, enact an ordinance providing for annexation of
such real estate, it shall be considered as annexed. The ordinance shall
describe the territory annexed, and a copy thereof and an accurate map of
such territory shall be recorded in the office of the recorder of
the county or counties wherein the annexed territory is situated.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-15) (from Ch. 24, par. 7-1-15)
Sec. 7-1-15.
Any municipality may be annexed to another municipality to which it
adjoins, by ordinances passed by a majority vote of all the alderpersons,
trustees, or commissioners then holding office in each municipality
desiring annexation. These ordinances shall specify the terms of the
annexation, and they shall be a binding contract if, but only if:
(1) the annexation provided in these ordinances is certified by the clerk
to the proper election authority who shall submit the question to a
vote of the electors of both municipalities at an election in accordance
with the general election law; and if
(2) the annexation is approved in each municipality by a majority of
all the voters voting on that question in each municipality. If the
ordinances fail to specify the terms of annexation or specify only
partially the terms of annexation, the provisions of this Article
relating to the annexation of one municipality to another shall apply
but not as to any terms agreed to in the ordinances of annexation.
The proposition shall be in substantially
the following form:
--------------------------------------------------------------
Shall the municipality of YES
.... be annexed to the municipality -------------------------
of....?
NO
--------------------------------------------------------------
Annexation shall neither affect nor impair any rights or liabilities
either in favor of or against either municipality. Actions founded upon
any right or liability may be commenced despite the annexation and,
together with pending actions, may be prosecuted to final
judgment and the enforcement thereof as if annexation had not taken place.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/7-1-16) (from Ch. 24, par. 7-1-16)
Sec. 7-1-16.
Where a municipality adjoins another municipality in one
or more portions of its boundaries, it may be annexed thereto as
follows, notwithstanding that territory not a part of either of the
municipalities may lie between or be surrounded by the municipalities:
A petition shall be presented to the circuit court for the county,
wherein the annexing municipality is situated, asking that the question
of annexation be submitted to the electors of both municipalities. The
petition shall be signed by not less than 10% of the total number of
electors of the municipality sought to be annexed who voted at the last
preceding general municipal election or 250 such electors, whichever
figure is the smaller. Furthermore, if a majority of those voting, in a
municipality sought to be annexed, upon the question of annexation vote
against the annexation of that municipality when the question is first
submitted, any petition thereafter presented to the court for the
annexation of the same municipality shall be signed by not less than
1/8 of the electors of that municipality who voted at the last
preceding general municipal election.
The court thereupon shall order the question of annexation
submitted to the electors of both municipalities at an election to be
held in each municipality. The clerk of the circuit court shall certify
the question to the proper election authorities at an election in accordance
with the general election law for submission. No election on the question of
annexation shall be held within 22 months after the same
question has been
voted upon.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-1-17) (from Ch. 24, par. 7-1-17)
Sec. 7-1-17.
The question cast at this election shall be in substantially the
following form:
--------------------------------------------------------------
Shall the municipality of YES
.... be annexed to the -------------------------------
municipality of....? NO
--------------------------------------------------------------
If, in each municipality, a majority of the electors
voting upon the question of annexation vote for annexation, the
annexation shall, except as is otherwise provided in Section 7-1-1, be
effective and the jurisdiction of the annexing municipality shall extend
over the territory of the annexed municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-1-18) (from Ch. 24, par. 7-1-18)
Sec. 7-1-18.
The municipality to which the whole of another municipality is
annexed under Section 7-1-16 and 7-1-17 shall assume and pay all debts and
liabilities, and shall perform all contracts of the annexed municipality.
Upon annexation, the title to all property which belonged to the annexed
municipality vests in the annexing municipality, to be held, however, for
the same purposes and uses, and subject to the same conditions as before
annexation.
The annexing municipality shall assume and pay all debts and liabilities
and shall perform all contracts of all school districts and townships
wholly within the annexing municipality as it has been enlarged. The
annexing municipality is vested with the title to all property belonging to
all school districts and townships wholly within the enlarged annexing
municipality, to be held, however, for the same purposes and uses and
subject to the same conditions as before annexation.
If the bonds of the annexed municipality, or of any school district or
township now wholly within the enlarged annexing municipality, have been
registered with the State Auditor of Public Accounts, the county clerk of
the county wherein the annexing municipality is situated shall certify
forthwith the fact of the annexation to the State Auditor. The State
Auditor thereafter shall not certify any tax rate to the county clerk, nor
shall the county clerk thereafter extend any tax rate, for the payment of
the bonds, or interest thereon, merely upon the taxable property in the
municipality that has been annexed, or in the school district or township
that is wholly within the enlarged annexing municipality. All property in
the enlarged annexing municipality, without discrimination between the
territory in the annexed and the annexing municipalities, shall be subject
to taxation to pay the debts, bonds, and obligations of the municipality.
If a portion of a school district or township is within and a portion is
without the annexed municipality, the debts and liabilities of that school
district or township shall be paid and the property divided in the same
manner as is provided in Sections 7-1-31 and 7-1-32.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-18.5)
Sec. 7-1-18.5.
Maintenance of sanitary sewers.
A municipality located in a
county with a population of 3,000,000 or more to which territory is annexed
after the effective date of this amendatory Act of the 92nd General Assembly is
responsible for the operation and maintenance of any existing sanitary sewerage
system serving the annexed territory, unless the sanitary sewerage system is
under the jurisdiction of another unit of local government other than the
Metropolitan Water Reclamation District.
(Source: P.A. 92-255, eff. 8-3-01.)
(65 ILCS 5/7-1-19) (from Ch. 24, par. 7-1-19)
Sec. 7-1-19.
When the whole of a municipality is annexed to another
municipality, and the annexed municipality has passed the annual
appropriation ordinance, but not an ordinance levying a tax for the purpose
of collecting a sufficient sum of money to defray the total amount of
appropriations for all corporate purposes for that fiscal year, the
annexing municipality may include the amount of the appropriations of the
annexed municipality in the annual tax levy of the annexing municipality,
the same as though the appropriations had been made by the annexing
municipality. The fund derived from this part of the tax levy shall be used
by the annexing municipality for the purpose for which the appropriations
were made by the annexed municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-20) (from Ch. 24, par. 7-1-20)
Sec. 7-1-20.
The annexation of the whole of a municipality to another
municipality, shall not adversely affect proceedings for the collection or
enforcement of any tax or special assessment, but they shall proceed to a
finality as though no annexation had taken place. The proceeds thereof
shall be paid over to the treasurer of the annexing municipality, to be
used, however, for the purpose for which the tax was levied or assessed.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-21) (from Ch. 24, par. 7-1-21)
Sec. 7-1-21.
All suits pending in any court on behalf of or against any
municipality, when the whole municipality is annexed to another
municipality, may be prosecuted or defended in the name of the annexed
municipality. All judgments obtained for any annexed municipality shall be
collected and enforced by the annexing municipality for its benefit.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-22) (from Ch. 24, par. 7-1-22)
Sec. 7-1-22.
Upon the annexation of the whole of a municipality to another
municipality, all public books, papers, and documents filed in any office
or with any officer of the annexed municipality, shall be transferred to
and filed in the appropriate office or with the appropriate officer of the
annexing municipality, as the corporate authorities of the annexing
municipality shall direct. All persons having possession of these books,
papers, and documents shall deliver them to and file them in or with the
appropriate office or officer.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-23) (from Ch. 24, par. 7-1-23)
Sec. 7-1-23.
Upon the annexation of the whole of a municipality to another
municipality, all policemen and firemen lawfully in the employ of the
annexed municipality shall be transferred to and become a part of the
police department and fire department, respectively, of the annexing
municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-24) (from Ch. 24, par. 7-1-24)
Sec. 7-1-24.
On petition in writing, signed by one-half of the electors and
one-half of the owners of record of land in any territory, not exceeding in
area 160 acres, situated within any municipality, which territory is
contiguous to another municipality, the corporate authorities of the
municipality within which the territory is situated, may consent, by
ordinance, that this territory be disconnected from such municipality and
annexed to the other municipality to which the territory is contiguous. The
ordinance must be passed by a majority vote of the corporate authorities of
the disconnecting municipality. Thereupon the corporate authorities of the
annexing municipality, by ordinance passed by a majority vote, may annex
the territory. The territory, however, shall not be disconnected from the
municipality of which it is a part until it is annexed to the municipality
to which it is contiguous.
The clerk of the annexing municipality, within 90 days after the passage
of the annexing ordinance, shall file for recordation a certified copy of
the ordinance, with an accurate map of the territory annexed, with the
recorder of the county in which the annexed territory is situated.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-25) (from Ch. 24, par. 7-1-25)
Sec. 7-1-25.
Any unoccupied territory, lying along the boundary line
between 2 adjoining municipalities, may be excluded from one of the
adjoining municipalities and annexed to the other adjoining municipality,
as follows:
The corporate authorities of the excluding municipality shall adopt an
ordinance providing for such exclusion, and the corporate authorities of
the annexing municipality shall adopt an ordinance providing for the
annexation of this territory. Upon the adoption of these ordinances, the
territory is thereby excluded from the one municipality and annexed to the
other. The chief executive officer of each municipality thereupon shall
file for recordation an accurate map of the excluded or added territory, as
the case may be, together with a certified copy of the ordinance for
exclusion or annexation with the recorder of the county in which
the excluded or added territory, as the case may be, is situated.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-26) (from Ch. 24, par. 7-1-26)
Sec. 7-1-26.
Any territory containing 60 acres or less lying along
one or both sides of the boundary line between 2 adjoining
municipalities, and contiguous to a third municipality may be excluded
from one or both of the adjoining municipalities and annexed to the
third contiguous municipality, as follows:
The corporate authorities of the excluding municipalities or
municipality shall, by majority vote of the corporate authorities then
holding office, adopt an ordinance providing for such exclusion, and the
corporate authorities of the annexing municipality shall adopt an
ordinance providing for the annexation of this territory. Upon the
adoption of these ordinances, the territory is thereby excluded from the
excluding municipalities and added to the annexing municipality. The
chief executive officer of each municipality thereupon shall file for
recordation an accurate map of the excluded or added territory, as the
case may be, together with a certified copy of the ordinance for
exclusion or annexation with the recorder of the county in which
the excluded or added territory, as the case may be, is situated. The
ordinance shall be published in a newspaper of general circulation in the
excluding and annexing municipalities and shall contain a notice of (1)
the specific number of voters required to sign a petition requesting the
question of disconnection and annexation to be submitted to the electors;
(2) the time in which such petition must be filed; and (3) the date of the
prospective referendum.
The clerks of the municipalities in which the territory is sought to be
disconnected or annexed shall provide a petition form to any individual
requesting one.
Whenever any disconnection and annexation shall be effected as provided
in this Section any taxpayer in such area disconnected and annexed may,
within 10 days after adoption of the annexing ordinance, file with the
clerk of the circuit court in the county wherein the disconnected and
annexed area is located a petition signed by not less than 10% or 100,
whichever is lesser, of the electors of the area disconnected and
annexed, requesting the submission to a referendum of the following
proposition: "Shall the territory (here describe it) be disconnected
from the municipality of .... and annexed to the municipality of ....?"
The circuit court, if it finds the petition to be in conformity with law,
shall order that the proposition be submitted at an election to be conducted
in accordance with the general election
law. The clerk of the circuit court shall certify the proposition to the
proper election authority for submission.
If a majority of
the voters voting on the proposition vote in favor thereof, such
disconnection and annexation shall be valid and binding. If a majority
of the vote is against such proposition the disconnection ordinance
adopted by the disconnecting municipality and the annexation ordinance
adopted by the annexing municipality shall be void.
(Source: P.A. 91-357, eff. 7-29-99.)
(65 ILCS 5/7-1-27) (from Ch. 24, par. 7-1-27)
Sec. 7-1-27.
Territory, within a municipality, which (1) is not less
than one-half square mile in area, but less than the whole of the
municipality, and which (2) is contiguous to another municipality, may
be annexed to the latter municipality as follows:
A petition, signed by not less than 100 of the electors of the
territory, shall be presented to the circuit court for the county
wherein the annexing municipality is situated. The petition shall
describe the territory and request that the question of the annexation
of the territory be submitted to the electors of the territory and also
to the electors of the disconnecting and annexing municipalities.
If the petition is in conformity with the law, the court
shall order the question of annexation of the
territory submitted to the specified electors at a general
municipal election to
be held in each of the municipalities affected. The clerk of the circuit
court shall certify the question for submission. No election for the
annexation of any part of a municipality to another municipality shall
be held within 22 months after a proposition to annex the whole or any
part of a municipality to another municipality has been voted upon at
any election.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-1-28) (from Ch. 24, par. 7-1-28)
Sec. 7-1-28.
The question shall be in substantially
the following form:
--------------------------------------------------------------
Shall the territory (here
describe it) be disconnected YES
from the municipality of.... --------------------------
and annexed to the municipality NO
of....?
--------------------------------------------------------------
The certificate shall include in the results statements of the total vote
cast at the election and the vote
for and against the proposition in each municipality and in the territory
sought to be annexed alone.
If a majority of the voters in the territory sought to be annexed,
voting upon the proposition at any election, vote against disconnection
and annexation, any petition thereafter presented to the court for
disconnection and annexation of the same territory shall be signed by
not less than 1/8 of the electors of the territory sought to be
annexed.
If a majority of the voters of each municipality, as well as a
majority of the voters within the limits of the territory sought to be
annexed, voting upon the question of disconnection and annexation, vote
"Yes", the jurisdiction of the annexing municipality is extended over
the territory sought to be annexed, and the disconnecting municipality
loses jurisdiction over the territory.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-1-29) (from Ch. 24, par. 7-1-29)
Sec. 7-1-29.
If, as provided in Sections 7-1-16, 7-1-17, 7-1-27 and
7-1-28, petitions are presented to the court for the annexation of the
whole and also for the annexation of a part or parts of a municipality
to another municipality, the court shall order submitted
to the electors the
question specified in each petition. If the result of the voting at the
election is against annexation of the whole, but favors annexation of a
part, which is contiguous to the annexing municipality, this part is
annexed to the annexing municipality, despite the unfavorable vote as to
the annexation of the whole municipality. The same shall be true if the
vote favors annexation of 2 or more parts, if the parts form a
contiguous territory which is also contiguous to the annexing
municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-1-30) (from Ch. 24, par. 7-1-30)
Sec. 7-1-30.
Whenever a part of a municipality has been annexed to an
adjoining township, which is wholly within the limits of another
municipality, under the Township Code, the
annexed territory may be annexed to the municipality within
which the township lies as follows: A petition may be presented to the
county board of the county within which is situated the annexing
municipality. It shall be signed by a majority of the electors of the
territory annexed to the township. If the county board finds that the
petition is signed by a majority of the electors of the territory, it shall
annex the territory to the designated municipality by resolution.
Thereupon, except as is otherwise provided in Section 7-1-1, the limits and
the authority of the annexing municipality shall be extended to include the
territory previously annexed to the township.
(Source: P.A. 88-670, eff. 12-2-94.)
(65 ILCS 5/7-1-31) (from Ch. 24, par. 7-1-31)
Sec. 7-1-31.
After a part of a municipality is disconnected and annexed to
another municipality, the indebtedness and liabilities of the municipality
from which the part is disconnected shall be assumed and paid by the
enlarged annexing municipality, in the same proportion as the taxable
property in the disconnected part bears to the taxable property in the
municipality from which the part was disconnected as it existed immediately
before the disconnection, according to the last assessment for taxation.
This duty to assume and pay a proportionate share of indebtedness and
liabilities shall also apply to the indebtedness and liabilities of the
school district or township in which the disconnected part was situated.
The amount of the indebtedness and liabilities to be assumed and paid by
the enlarged annexing municipality shall be determined by the corporate
authorities of the annexing municipality and of the municipality from which
a part was disconnected, or, as the case may be, by the school authorities
of the school district or township in which the disconnected part was
situated.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-32) (from Ch. 24, par. 7-1-32)
Sec. 7-1-32.
If the specified authorities agree as to the amount to be paid
by the enlarged annexing municipality, each of the authorities concerned
shall pass an ordinance or a resolution reciting the amount to be paid. A
certified copy of the ordinance or resolution shall be filed by the clerk
of the annexing municipality with the county clerk of the county in which
the annexing municipality is situated. The county clerk shall send a
certified copy to the State Auditor of Public Accounts. This ordinance or
resolution shall be conclusive as to the amount of indebtedness and
liabilities to be assumed and paid by the enlarged annexing municipality.
If the authorities cannot agree, the matter shall be determined by the
circuit court of the county in which the annexing municipality is situated,
upon a petition of either municipality or of any taxpayer of either
municipality. The court shall hear the controversy without further
pleadings, and without a jury, and then shall pronounce a judgment in
accordance with the rule of apportionment stated in Section 7-1-31.
A certified copy of the judgment shall be filed with the clerk of each
municipality and with the county clerk of the county in which the annexing
municipality is situated. The county clerk shall send a certified copy of
the judgment to the State Auditor of Public Accounts. The judgment shall be
final and conclusive as to the indebtedness and liabilities to be assumed
and paid by the enlarged annexing municipality.
The State Auditor shall not thereafter certify any tax rate to the
county clerk, nor shall the county clerk extend any tax rate upon the
taxable property of the annexed part for the payment of any of the bonds,
or interest thereon, issued by the municipality from which the part was
disconnected.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/7-1-33) (from Ch. 24, par. 7-1-33)
Sec. 7-1-33.
Upon annexation, the title and possession of all municipal and
school property located in the annexed part vests in the annexing
municipality. There shall be an adjustment of the municipal and school
properties owned by the municipality, school district, or township from
which a part is disconnected in order that all of this property may be
divided between that municipality, school district, or township and the
enlarged annexing municipality, on the same basis and by the same
authorities or court as is provided in Sections 7-1-31 and 7-1-32 for a
division of indebtedness and liabilities. If the public property that
becomes vested in the enlarged annexing municipality because of its
location in the part that was disconnected and annexed exceeds in value the
proportionate part to which the annexing municipality is thus entitled,
then the enlarged annexing municipality shall pay to the municipality,
school district, or township, as the case may be, a sum equal to the
difference between what it received and what it should have received on the
basis specified in Sections 7-1-31 and 7-1-32 for the division of
indebtedness and liabilities. Likewise, if the public property located in
that part of the municipality, school district, or township, that remains
after the disconnection occurs, exceeds in value the proportionate part to
which the municipality, school district, or township is entitled, then the
municipality, school district, or township, as the case may be, shall pay
to the enlarged annexing municipality a sum equal to the difference between
what it received and what it should have received on the basis specified in
Sections 7-1-31 and 7-1-32 for the division of indebtedness and
liabilities.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-34) (from Ch. 24, par. 7-1-34)
Sec. 7-1-34.
If a part of a municipality is annexed to another
municipality, and if before the annexation the corporate authorities of the
divided municipality have made the annual tax levy for the fiscal year in
which the annexation occurs, all taxes payable under this levy shall be
paid to the treasurer of the divided municipality. But this treasurer shall
pay to the treasurer of the annexing municipality that part of all taxes
collected on account of the property located in the annexed territory,
under the specified levy, as the unexpired part of the fiscal year for the
divided municipality bears to its total fiscal year.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-35) (from Ch. 24, par. 7-1-35)
Sec. 7-1-35.
If a part of a municipality is annexed to another
municipality, and if proceedings were instituted before annexation to make
improvements in or on streets within the annexed territory by special
assessment or special taxation, the proceedings may be carried to a
finality, whether the whole improvement is within the annexed territory or
not. If the whole improvement is made within the annexed territory, the
amount collected by the proceedings shall be paid over to the annexing
municipality, to be used by that municipality for the purpose for which the
proceedings were instituted. If only a part of the improvement is made
within the annexed territory, the municipality from which the territory is
disconnected may proceed with the improvement as though no annexation had
taken place.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-36) (from Ch. 24, par. 7-1-36)
Sec. 7-1-36.
After a part of a municipality is annexed to another
municipality, proceedings theretofore instituted to take land for the
purpose of opening any street, alley, or other public way, within the
annexed territory may proceed to a finality, if the annexing municipality
so elects. If the annexing municipality elects to proceed, the proceedings
shall be continued in the name of the municipality from which the territory
has been disconnected as though the annexed territory had not been
disconnected. All funds received from any special assessment or special tax
levied or assessed for the special purpose shall be paid to the annexing
municipality, to be used by that municipality for the purpose for which the
funds were collected.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-37) (from Ch. 24, par. 7-1-37)
Sec. 7-1-37.
After a part of a municipality is annexed to another
municipality, both the annexed territory and the divided municipality shall
have a right to service from any waterworks, gas, or electric light system,
owned, prior to annexation, by the municipality that has been divided, on
the same terms, that existed before annexation.
The annexed territory or the divided municipality may have its right
terminated by the joint action of the corporate authorities of the annexing
municipality and of the divided municipality. If they cannot agree, the
question of termination shall be determined by the circuit court of the
county within which the annexing municipality is situated, on the petition
of any interested person. The court shall determine the question without a
jury, and shall enter
judgment as right
and justice require. This judgment shall be appealable as in other civil
cases.
(Source: P.A. 83-345.)
(65 ILCS 5/7-1-38) (from Ch. 24, par. 7-1-38)
Sec. 7-1-38.
If a part of a municipality is annexed to another
municipality, and if the corporate authorities of the divided municipality
and of the annexing municipality cannot agree by ordinance as to their
respective rights and duties arising out of the disconnection and
annexation, the circuit court of the county within which either
municipality is situated, upon petition of either municipality, shall hear
and determine the questions in dispute. The court shall enter judgment as
the right of the matter may demand and this judgment shall be appealable as
in other civil cases. No petition under this section may be filed within 60
days after the annexation, or request the determination of questions
arising under Sections 7-1-31 through 7-1-33 and Section 7-1-37.
(Source: P.A. 84-547.)
(65 ILCS 5/7-1-39) (from Ch. 24, par. 7-1-39)
Sec. 7-1-39.
After a part of a municipality is annexed to another
municipality, any mayor, president, alderperson, trustee, clerk, treasurer, or
attorney for the disconnecting municipality, who resides in the detached
territory, shall continue in office as an officer of the disconnecting
municipality until his successor has been elected at the next regular
municipal election in this municipality and has qualified for office, or
has been appointed and has qualified following this election.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/7-1-40) (from Ch. 24, par. 7-1-40)
Sec. 7-1-40.
After any territory is annexed to or disconnected from any
municipality, the chief executive officer of the municipality or of the
county board, as the case may be, whenever not otherwise provided in this
Code, shall within 90 days file for recordation, in the recorder's office
of the county where the territory is situated and also in the county where
the annexing and divided municipalities are situated, a certified copy of
the ordinance, court order or resolution of annexation or disconnection,
together with an accurate map of the territory annexed or disconnected.
(Source: P.A. 79-1361.)
(65 ILCS 5/7-1-41) (from Ch. 24, par. 7-1-41)
Sec. 7-1-41.
After either the whole or a part of a municipality is annexed
to another municipality, and, despite the construction of sewers in the
annexed territory by special assessment, before annexation, the annexing
municipality may construct additional sewers or a drainage system by the
creation of drainage districts within the annexed territory by special
assessment or special taxation.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-42) (from Ch. 24, par. 7-1-42)
Sec. 7-1-42. Redistricting after annexation.
(a) If the increase in
population resulting from the annexation of
any territory to a city under the alderperson form of government is
sufficient to entitle that city to an increase in the number of alderpersons
as provided in Section 3.1-20-10, the corporate authorities shall
redistrict
the city in accordance with Sections 3.1-20-15 and 3.1-20-25. Section 3.1-20-10
shall
govern as to the hold-over alderpersons.
(b) If the increase in population is not sufficient to
entitle the city to
an increase in the number of alderpersons, the corporate authorities shall make
the annexed territory a part of the ward or wards that it adjoins.
(c) If a village of over 25,000 population is divided into 6 districts as
provided in Section 3.1-25-75, the corporate authorities shall make any
territory annexed to the village a part of the districts that the
territory adjoins.
(d) Nothing contained in this Section 7-1-42 shall prevent the corporate
authorities of any municipality from redistricting the municipality
according to law. Whenever the enlarged annexing municipality is
redistricted, the corporate authorities are under no duty to treat the
annexed territory as a unit and they may divide it as if it had always been
a part of the municipality.
(e) The number of inhabitants determined by the last national, state, or
school census in the annexed territory and in the annexing municipality
controls in the application of this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/7-1-44) (from Ch. 24, par. 7-1-44)
Sec. 7-1-44.
All valid ordinances or resolutions of, and all valid
decisions determined through a referendum of the voters in, the whole or a
part of any municipality which is annexed in whole or part to another
municipality, regulating or prohibiting the sale of alcoholic liquor shall
remain valid, notwithstanding the annexation, until validly changed by a
compliance with "An Act relating to alcoholic liquors," approved January
31, 1934, as heretofore and hereafter amended. However, the local liquor
control commission and commissioner of the annexing municipality shall have
jurisdiction over the annexed territory.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-1-45) (from Ch. 24, par. 7-1-45)
Sec. 7-1-45.
If the whole or a part of a municipality is annexed to another
municipality, all municipal officers, exercising power or authority over
the annexed territory before annexation, whether or not the terms for which
they have been elected have expired, shall cease to exercise power or
authority over the annexed territory. The power and authority of all
officers of the annexing municipality shall extend over the territory
annexed, immediately upon annexation.
(Source: P.A. 77-1295.)
(65 ILCS 5/7-1-46) (from Ch. 24, par. 7-1-46)
Sec. 7-1-46.
Neither the People of the State of Illinois nor any person,
firm or corporation, public or private, nor any association of persons
shall commence an action contesting either directly or indirectly the
annexation of any territory to a municipality unless initiated within one
year after the date such annexation becomes final or within one year of the
effective date of this amendatory Act of 1965 whichever date occurs latest.
This amendatory Act of 1965 shall apply to annexations made prior to the
effective date of the Act as well as those made on or after the effective
date. Where a limitation of a shorter period is prescribed by statute such
shorter limitation applies. The limitation set forth in this section shall
apply to any annexation, even where the judge, body or officer annexing the
territory did not at the time of such annexation have jurisdiction of the
subject matter, and irrespective of whether such annexation may otherwise be
defective or void, except that the limitation of this Section shall not apply
to annexations of territory which was not contiguous at the time of annexation
and is not contiguous at the time an action is brought to contest such
annexation.
(Source: P.A. 82-211.)
(65 ILCS 5/7-1-47) (from Ch. 24, par. 7-1-47)
Sec. 7-1-47.
Automatic zoning classification.
The corporate authorities
of any municipality may provide by
ordinance that when territory is annexed to such municipality, the
territory automatically is classified to the highest restrictive zoning
classification providing principally for residential use under
the annexing municipality's zoning ordinance.
(Source: P.A. 90-481, eff. 8-17-97.)
(65 ILCS 5/7-1-48) (from Ch. 24, par. 7-1-48)
Sec. 7-1-48.
For all annexations under this Article 7:
(a) Except as may be otherwise expressly restricted, territory comprising
more than one parcel of record, or more than one unsubdivided parcel, or
more than one portion of a parcel, or owned by more than one owner of record,
or any combination of the foregoing, may be annexed in a single annexation proceeding;
(b) If any annexation shall not be in compliance with applicable requirements
of this Article 7, and if such non-compliance relates only to one or more
parcels or portions of the territory annexed or to be annexed, but does
not relate to the entire annexation proceeding or to a substantial portion
of the total area annexed, such annexation shall nonetheless be valid as
to the remainder of the annexed territory, unless the exclusion or disconnection
of the non-complying area would destroy the contiguity of any of the remaining
territory;
(c) In any proper proceeding, upon a judicial determination of partial
invalidity of an annexation which has otherwise been completed, the court
may, as equity may require, order the disconnection of the invalidly annexed
parcels or portions, in which event the municipality shall promptly prepare
and record a plat of disconnection of such area with the recorder
of the county in which the land is situated, and shall immediately notify
the county clerk of such disconnection.
(Source: P.A. 83-358.)
(65 ILCS 5/7-1-49)
Sec. 7-1-49.
Automatic annexation.
As provided in Section 8 of the
Metropolitan Water Reclamation District Act, 60 days before the sale of any
surplus real estate that is
located in unincorporated territory and that is contiguous to only one
municipality, the sanitary district shall notify
in writing the contiguous municipality of the proposed sale. Before the sale
of the real estate, the municipality shall notify in writing the sanitary
district that the municipality will or will not annex the surplus real estate.
If the contiguous municipality will annex such surplus real estate, then it
shall be automatically annexed to the contiguous municipality coincident with
the completion of the sale of that real estate by the sanitary district.
(Source: P.A. 89-502, eff. 6-28-96.)
(65 ILCS 5/Art. 7 Div. 2 heading)
(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:
--------------------------------------------------------------
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
"Alderperson" or "Commission"
or the words "Managerial With
Alderpersons Chosen From Wards Or
Districts" as the case may be)?
--------------------------------------------------------------
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. 102-15, eff. 6-17-21.)
(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 alderperson 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 alderpersons 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: P.A. 102-15, eff. 6-17-21.)
(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:
--------------------------------------------------------------
SHALL THE UNITED YES
CITY OF....... ----------------------------------------
BE DISSOLVED? NO
--------------------------------------------------------------
(Source: P.A. 81-1489.)
(65 ILCS 5/7-2-28) (from Ch. 24, par. 7-2-28)
Sec. 7-2-28.
Whenever a united city is formed by a compliance with Section
7-2-1 of municipal government with alderpersons chosen from wards or districts,
the united city shall be and the decision is in favor of a managerial form
governed, after the first election held in compliance with Section 7-2-7,
by a council composed of a mayor and a board of alderpersons selected by the
electors of the united city as provided by the provisions of this Code
relating to the election of city officers, except all elections in a united
city are controlled by the City Election Law as provided in Section 7-2-6,
and by a municipal manager appointed by the council as provided in Article
5.
(Source: P.A. 102-15, eff. 6-17-21.)
(65 ILCS 5/Art. 7 Div. 3 heading)
(65 ILCS 5/7-3-1) (from Ch. 24, par. 7-3-1)
Sec. 7-3-1.
Within one year of the organization of any municipality under
the provisions of Divisions 2 and 3 of Article 2 of this Code, any
territory which has been included therein may be disconnected from such
municipality if the territory sought to be disconnected is (1) upon the
border, but within the boundary of the municipality, (2) contains 20 or
more acres, (3) if disconnected will not result in the isolation of any
part of the municipality from the remainder of the municipality, and (4) if
disconnected will not be a territory wholly bounded by one or more
municipalities or wholly bounded by one or more municipalities and a river
or lake, (5) if disconnected, the growth prospects and plan and zoning
ordinances, if any, of such municipality will not be unreasonably
disrupted, (6) if disconnected, no substantial disruption will result to
existing municipal service facilities such as, but not limited to, sewer
systems, street lighting, water mains, garbage collection and fire
protection, (7) if disconnected the municipality will not be unduly harmed
through loss of tax revenue in the future. The procedure for disconnection
shall be as follows:
A written petition directed to the circuit court of the county in which
the territory proposed to be disconnected is located and if such territory
is located in more than one county then to the circuit court of the county
in which the greater part of such territory may be located, which petition
shall be signed by a majority of the electors, if any, residing within the
territory and also signed by a majority of the owners of record of land in
such territory, and also representing a majority of the area of land in
such territory, shall be filed with the clerk of the court within one year
of the organization of any municipality under the provisions of Divisions 2
and 3 of Article 2 of this Code. The petition shall set forth the
description of the territory to be detached from such municipality, shall
allege the pertinent facts in support of the disconnection of such
territory and shall pray the court to detach the territory from the
municipality.
(Source: P.A. 96-1000, eff. 7-2-10.)
(65 ILCS 5/7-3-2) (from Ch. 24, par. 7-3-2)
Sec. 7-3-2.
Upon the filing of the petition as provided in Section 7-3-1,
the court shall set the same for public hearing which date of public
hearing shall be within 30 days of the date of the filing of the petition.
The court shall give at least 10 days notice of such hearing by publishing
notice thereof once in a newspaper published in the municipality from which
the territory is sought to be detached, or if there is no such newspaper
published in such municipality, then such notice shall be published once in
a newspaper having a general circulation within such municipality, the date
of such publication to be not less than 10 days prior to the date set for
the public hearing. The notice (1) shall refer to the petition filed with
the court, (2) shall describe the territory proposed to be disconnected,
(3) shall indicate the prayer of the petition and the date, time and place
at which the public hearing will be held and (4) shall further indicate
that the municipality and any persons residing in or owning property in the
territory involved or in the municipality from which such territory is
sought to be disconnected shall have an opportunity to be heard on the
prayer of the petition. Notice of the filing of the petition, the substance
of which shall be as hereinabove prescribed for the published notice shall
also be mailed to the presiding officer of the municipality from which the
territory is sought to be disconnected.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/7-3-3) (from Ch. 24, par. 7-3-3)
Sec. 7-3-3.
The public hearing may be continued from time to time by the
court. After such public hearing and having heard any and all persons
desiring to be heard, including the municipality and any and all persons
residing in or owning property in the territory involved or in the
municipality from which such territory is sought to be disconnected, if the
court shall find that all the allegations of the petition are true, the
court shall grant the prayer of the petition and shall enter an order
disconnecting the territory from the municipality, which order shall be
entered of record in the court and the
clerk of the court
shall file a certified copy of such order with the clerk of the
municipality from which such territory has been detached. If the court
shall find that the allegations contained in the petition are not true then
the court shall enter an order dismissing the same. However, the
disconnection of any territory from the municipality shall not exempt such
territory from taxation for the purpose of paying any indebtedness incurred
by the corporate authorities of the municipality prior to the filing of the
petition for disconnection and such territory shall be assessed and taxed
to pay such indebtedness until such indebtedness is completely paid, the
same as though the territory had not been disconnected.
(Source: P.A. 83-343.)
(65 ILCS 5/7-3-4) (from Ch. 24, par. 7-3-4)
Sec. 7-3-4.
Any territory, within any municipality, which is upon the
border but within the boundary of the municipality may be disconnected from
the municipality, in
the discretion of its corporate authorities as follows:
A written petition, signed by owners of record representing a majority
of the area of land in such territory, shall be filed with the clerk of the
municipality, requesting that the specified territory be disconnected from
the municipality. The petition shall be filed at least 30 days before it is
considered by the corporate authorities. The petition shall be accompanied
with the certificate of the proper county clerk, showing that all city
taxes or assessments due up to the time of presenting the petition are
fully paid. The corporate authorities, in their discretion, may disconnect
the territory from the municipality, by an ordinance passed by a majority
of the members elected to the city council, or board of trustees, as the
case may be.
(Source: P.A. 83-656.)
(65 ILCS 5/7-3-5) (from Ch. 24, par. 7-3-5)
Sec. 7-3-5.
A copy of the ordinance disconnecting territory from any
municipality, certified by the clerk of that municipality, shall within 90
days be filed for recordation in the Recorder's office and with the County
Clerk of the county in which the disconnected territory is situated.
(Source: Laws 1963, p. 3135.)
(65 ILCS 5/7-3-6) (from Ch. 24, par. 7-3-6)
Sec. 7-3-6.
The owner or owners of record of any area of land consisting of
one or more tracts, lying within the corporate limits of any municipality
may have such territory disconnected which (1) contains 20 or more
acres; (2) is located on the border
of the municipality; (3) if disconnected, will not result in the isolation
of any part of the municipality from the remainder of the
municipality; (4) if disconnected, the growth prospects and plan
and zoning ordinances, if
any, of such municipality will not be unreasonably disrupted; (5) if
disconnected, no substantial disruption will result to existing municipal
service facilities, such as, but not limited to, sewer systems, street
lighting, water mains, garbage collection, and fire protection; (6) if
disconnected, the municipality will not be unduly harmed through loss of tax
revenue in the future; and (7) does not contain any territory designated as part of a redevelopment project area as that term is defined in subsection (p) of Section 11-74.4-3 of this Code or any territory otherwise subject to tax increment financing by the municipality. Item (7) applies to petitions and actions pending on the effective date of this amendatory Act of the 100th General Assembly as well as petitions and actions commenced on or after that date. The procedure for disconnection shall be as follows:
The owner or owners of record of any such area of land shall file a
petition in the circuit court of the county where the land is situated,
alleging facts in support of the disconnection. The municipality from which
disconnection is sought shall be made a defendant, and it, or any taxpayer
residing in that municipality, may appear and defend against the petition.
If the court finds that the allegations of the petition are true and that
the area of land is entitled to disconnection it shall order the specified
land disconnected from the designated municipality. If the circuit court
finds that the allegations contained in the petition are not true, the
court shall enter an order dismissing the petition.
An area of land, or any part thereof, disconnected under the provisions
of this Section from a municipality which was incorporated at least 2 years
prior to the date of the filing of such petition for disconnection shall
not be subdivided into lots and blocks within one year from the date of such
disconnecting. A plat of any such proposed subdivision shall not be
accepted for recording or registration within such one year period, unless
the land comprising such proposed subdivision shall have been thereafter
incorporated into a municipality.
(Source: P.A. 100-1134, eff. 11-28-18.)
(65 ILCS 5/7-3-6.1)
Sec. 7-3-6.1.
Notice to the payor of real estate taxes.
When territory
is
proposed to be disconnected by court order
under this Article, the corporate authorities or
petitioners initiating
the action shall notify each person who pays real estate taxes on property
within that
territory unless the
person is a petitioner. The notice shall be served by certified or
registered mail, return receipt requested, at least 20 days before a court
hearing or other court action.
If the person
who pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the proposed
disconnection.
(Source: P.A. 89-666, eff. 8-14-96.)
(65 ILCS 5/7-3-6.2)
Sec. 7-3-6.2. Split lots. Notwithstanding any other provision of this Code, the owner or owners of record of a split residential lot may disconnect a portion of the lot which (i) is a residentially zoned and platted lot currently lying partially within the corporate limits of and governed by 2 or more municipalities or lying within the unincorporated area of a county and also within the corporate limits of one or more municipalities, and contains less than 20 acres; (ii) is located on the border of the municipality; and (iii) if disconnected, will not result in the isolation of any part of the municipality from the remainder of the municipality. The owner or owners seeking to disconnect a portion of a split lot from a municipality must petition the court in the manner provided in Section 7-3-6 of this Code. In determining whether a lot shall be disconnected under this Section, the court may consider the following: (i) if disconnected, the growth prospects and planning and zoning ordinances, if any, of the municipality will not be unreasonably disrupted; (ii) if disconnected, no substantial disruption will result to existing municipal service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection, and fire protection; and (iii) if disconnected, the municipality will not be unduly harmed through loss of tax revenue in the future.
An area of land, or any part thereof, disconnected under the provisions of this Section from a municipality which was incorporated at least 2 years prior to the date of the filing of the petition for disconnection shall not be subdivided into lots or blocks within one year from the date of disconnection. A plat of any such proposed subdivision shall not be accepted for recording within such one-year period, unless the land comprising such proposed subdivision shall have been thereafter annexed into a municipality.
(Source: P.A. 93-1007, eff. 1-1-05.)
(65 ILCS 5/7-3-7) (from Ch. 24, par. 7-3-7)
Sec. 7-3-7.
The disconnection of any such area of land shall not exempt it
from taxation for the purpose of paying any indebtedness contracted by the
corporate authorities of the municipality, prior to the filing of the
petition for disconnection. On the contrary, the territory shall be
assessed and taxed to pay such indebtedness until this indebtedness is
completely paid, the same as though the territory had not been
disconnected. Except for this purpose, no county clerk shall include
disconnected territory within the limits of the municipality from which the
territory has been disconnected.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-3-8) (from Ch. 24, par. 7-3-8)
Sec. 7-3-8.
Whenever the boundaries of any municipality, containing part or
all of any special charter school district, are changed, the clerk of such
municipality shall, within 5 days after such boundary change becomes final,
notify the school board of any school district which may be affected
thereby and the county superintendent of schools specifying the details of
such boundary change, including its effective date. Such notices shall be
sent by certified mail.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 7 Div. 4 heading)
(65 ILCS 5/7-4-1) (from Ch. 24, par. 7-4-1)
Sec. 7-4-1.
The corporate authorities in all municipalities have
jurisdiction in and over all places within one-half mile of the corporate
limits for the purpose of enforcing health and quarantine ordinances and
regulations.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-2) (from Ch. 24, par. 7-4-2)
Sec. 7-4-2.
All property which (1) is owned by a municipality, and (2) lies
outside the corporate limits of the municipality, and (3) does not lie
within the corporate limits of any municipality, shall be subject to the
ordinances, control, and jurisdiction of the municipality in all respects
the same as the property owned by the municipality which lies within the
corporate limits thereof.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-3) (from Ch. 24, par. 7-4-3)
Sec. 7-4-3.
Whenever, as a result of the annexation of the whole of a
municipality to another municipality with a population of more than
200,000, unincorporated territory, not a part of either of these
municipalities, has been wholly surrounded by the enlarged municipality,
the jurisdiction of the enlarged municipality shall extend over the
unincorporated territory so surrounded to the same extent as if that
territory had been annexed at the same time as the municipality whose
annexation caused the territory to be so surrounded.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-4) (from Ch. 24, par. 7-4-4)
Sec. 7-4-4. The corporate authorities in all municipalities have
jurisdiction over all waters within or bordering upon the municipality, to
the extent of 3 miles beyond the corporate limits, but not beyond the
limits of the State. Nothing in this Section shall be construed to authorize a municipality to exercise zoning power or otherwise restrict the use of private property outside of the corporate limits of the municipality.
(Source: P.A. 95-852, eff. 8-18-08.)
(65 ILCS 5/7-4-5) (from Ch. 24, par. 7-4-5)
Sec. 7-4-5.
Each municipality which is situated in 2 or more counties, has
jurisdiction over the entire territory embraced within its corporate limits
for all municipal purposes.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-6) (from Ch. 24, par. 7-4-6)
Sec. 7-4-6.
Whenever this Code or any other Act of this State provides that
a suit or proceeding affecting the title or possession of land or the
assessment or collection of taxes, shall be commenced by a municipality in
any court of the county in which the municipality is situated, the
reference is to the county in which the land affected or upon which the
taxes are assessed or to be assessed and collected is situated.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-7) (from Ch. 24, par. 7-4-7)
Sec. 7-4-7.
The territory which is embraced within the corporate limits of
adjoining municipalities within any county in this State shall be a police
district.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
Sec. 7-4-8.
The police of any municipality in such a police district have
full authority and power as peace officers and may go
into any part of the district to exercise that authority and power. For these
purposes the mayor of any municipality in the district, and the chiefs of
police therein, shall use the police forces under their control anywhere in
the district.
(Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.)
(65 ILCS 5/Art. 7 Div. 5 heading)
(65 ILCS 5/7-5-1) (from Ch. 24, par. 7-5-1)
Sec. 7-5-1.
Whenever a municipality incorporated under any general or
special law is in danger of losing all or the greater portion of the land
within its corporate limits by reason of the washing away of the bank of
any river, or whenever the inhabitants of any limited territory who, as
inhabitants of that territory, have land within this State held as a common
by virtue of a grant by any person or government having power to make that
grant, are in danger of losing all or the greater portion of the territory
by reason of the washing away of the bank of any river, that municipality
or those inhabitants may acquire by gift or purchase suitable real estate
to which the site of that municipality, or of the residence of those
inhabitants may be removed. However, this real estate shall be within 3
miles of the former nearest limit of that municipality or territory and
shall not be more than is reasonably necessary for the purposes of a new
site.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-5-2) (from Ch. 24, par. 7-5-2)
Sec. 7-5-2.
Whenever a municipality or territory is endangered as specified
in Section 7-5-1, upon written petition, describing the property sought to
be acquired, and signed by not less than three-fourths of the electors of
that municipality or territory, and by the owners in fee simple of not less
than one-half in value of the remaining territory within the limits of that
municipality or territory, the corporate authorities of that municipality,
or the trustees of the lands held as a common, by ordinance, may authorize
acquisition of the title to the real estate described in the petition.
Upon the passage of the ordinance, that municipality or the inhabitants
of that territory may acquire the title to the real estate described in the
petition and ordinance, either by gift or by purchase. A deed of conveyance
to the municipality by its corporate name, or to the trustees of the land
held as a common, shall vest the title to this real estate for the purposes
of this article.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-5-3) (from Ch. 24, par. 7-5-3)
Sec. 7-5-3.
A copy of the ordinance specified in Section 7-5-2 and an
accurate map of the property shall be certified by the mayor or president
of the municipality, as the case may be, or by the trustees of the land
held as a common, and shall be filed with the recorder in the
county where the acquired real estate is situated. When this ordinance and
map are so certified and filed, the acquired real estate, whether actually
adjoining the former site or territory or not, shall be a part of that
municipality or territory, and the inhabitants of the acquired real estate
shall be entitled to all the corporate rights, powers, annuities, commons,
benefits, and franchises, which the inhabitants of that municipality or
territory originally possessed, or to which they were entitled.
(Source: P.A. 83-358.)
(65 ILCS 5/Art. 7 Div. 6 heading)
(65 ILCS 5/7-6-1) (from Ch. 24, par. 7-6-1)
Sec. 7-6-1.
Any municipality, incorporated under any general or
special law, may be dissolved as follows: Whenever electors in the
municipality, equal to a majority of the total vote at the last
preceding general municipal election, file a petition with the clerk
of the municipality requesting the submission of the
question whether the municipality
will dissolve its incorporation,
that question shall be certified by the clerk to the proper election authorities
who shall submit the proposition to the electors of the
municipality.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-6-2) (from Ch. 24, par. 7-6-2)
Sec. 7-6-2.
The question shall
read substantially as follows:
--------------------------------------------------------------
"Shall the municipal YES
corporation of........... -------------------------------
be dissolved?" NO
--------------------------------------------------------------
The
result shall be entered upon the municipal records.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-6-3) (from Ch. 24, par. 7-6-3)
Sec. 7-6-3.
If a majority of the votes cast on
the question are "yes," the municipality is dissolved. But if a majority of the
votes cast on the question are "no," the corporate authorities
shall proceed with the affairs of the municipality as though the
referendum had never been held. After a
defeat, however, the proposition
shall not be submitted to a vote in the same municipality for a period
of 22 months.
(Source: P.A. 81-1489.)
(65 ILCS 5/7-6-4) (from Ch. 24, par. 7-6-4)
Sec. 7-6-4.
If the vote is in favor of a voluntary dissolution of the
municipality there shall be no further elections for municipal officers.
The officers acting at the time of this vote shall close up the business
affairs of the municipality, and make the necessary conveyances of the
title to the municipal property. They may levy and collect taxes for the
purpose of paying the debts and obligations of the municipality, but they
shall not create any new obligation against the municipality.
All money remaining after the business affairs of the municipality have
been closed up and all the debts and obligations of the municipality have
been paid, shall be paid to the school treasurer for the township or school
unit, as the case may be, in which the municipality, or a greater part
thereof, was situated. This money shall become a part of the school fund of
the school district in which the municipality was situated. If the
municipality was situated in more than one school district, the trustees of
the schools for the specified township or unit shall direct the treasurer
for that township or unit to distribute and credit the fund to the
specified districts, in the same proportion as the amounts of the assessed
valuation of property in these districts, according to the last assessment
in these districts, bear to each other.
(Source: Laws 1963, p. 854.)
(65 ILCS 5/7-6-5) (from Ch. 24, par. 7-6-5)
Sec. 7-6-5.
If the vote is in favor of dissolution, the acting corporate
authorities of the dissolved municipality shall give notice of the result
of the election to the secretary of state within 10 days after the
election. They shall also file within the same time a copy of this notice
with the county clerk of the county in which the dissolved municipality was
situated.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-6-6) (from Ch. 24, par. 7-6-6)
Sec. 7-6-6.
After the acting corporate authorities of the dissolved
municipality (1) have paid all of the debts and obligations of the
municipality, (2) have closed up all of the municipal business, and (3) the
surplus money, if any, has been paid to the school treasurer for the proper
township or school unit, then the acting corporate authorities shall file
with the county clerk of the county in which the dissolved municipality was
situated, a statement under oath, showing all of the closing up
transactions. When this statement is filed, the duty to close up the
municipal business is terminated, and all officers of the municipality,
whether the terms for which they were elected have expired or not, shall
thereupon cease to have any power or authority.
(Source: Laws 1963, p. 854.)
(65 ILCS 5/7-6-7) (from Ch. 24, par. 7-6-7)
Sec. 7-6-7.
Upon application by the county board of any county to the
circuit court, and after a hearing upon such notice as may be directed by
such court, any municipality which has less than 50 inhabitants according
to the last preceding Federal census may be ordered by the court to
dissolve. After service of such order upon the corporate authorities of the
municipality acting at that time they shall proceed to close up the
business affairs of the municipality as expeditiously as possible and in
the same manner as is provided by Sections 7-6-4, 7-6-5 and 7-6-6 in the
case of voluntary dissolution. The court may enforce compliance with its
order by proceedings for contempt. If ever there is in existence any
municipality in which the Bureau of the Census did not determine the
population when the last preceding decennial census was taken, the county
board of the county in which such municipality is located may, at county
expense, arrange with the Bureau of the Census to take a special census of
such municipality.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/7-6-8) (from Ch. 24, par. 7-6-8)
Sec. 7-6-8.
All courts shall take judicial notice of (1) the existence of
Illinois municipalities, (2) of the counties in which they are situated,
(3) of the changes made in the municipal territory, and (4) of the
dissolution of municipalities.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/Art. 7 Div. 7 heading)
(65 ILCS 5/7-7-1) (from Ch. 24, par. 7-7-1)
Sec. 7-7-1.
Application of Division.
This Division shall apply to
consolidations of municipalities in this State in counties with less than
200,000 inhabitants, is alternative to any other method of unification
allowed by law, and implements the provisions of Article VII, Section 12 of
the Illinois Constitution.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-2) (from Ch. 24, par. 7-7-2)
Sec. 7-7-2.
Definitions.
In this Division:
(a) "Consolidation" means the process by which 2 or more municipalities
are simultaneously dissolved and a new municipality is incorporated.
(b) "Consolidating municipality" means a municipality or municipalities
which undergo consolidation, thereby being dissolved.
(c) "Consolidated municipality" means the municipality which is created
by consolidation.
(d) "Consolidation ordinance" means an ordinance to be approved by
referendum as provided in this Division which shall define the form of
government of the consolidated municipality and provide for the orderly
succession of powers, functions, assets, liabilities and personnel of the
consolidating municipalities to the consolidated municipality.
(e) "Transition committee" means a committee composed of the Mayor or
Village President or designee thereof of each consolidating municipality.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-3) (from Ch. 24, par. 7-7-3)
Sec. 7-7-3.
Power to Consolidate.
Any 2 or more municipalities,
located in one or more counties each with less than 200,000 inhabitants
according to the most recent federal census, which are contiguous or which
upon consolidation shall be contiguous, may consolidate by compliance with
this Division. Any 2 or more municipalities shall be deemed contiguous for
purposes of this Division notwithstanding that they are separated by a park
district or a forest preserve district, or by a railroad or public utility
right-of-way or a highway or a toll highway under the jurisdiction of any
township or any department or division of the State of Illinois, but upon
consolidation, such park district, forest preserve district, right-of-way,
highway or toll highway shall not be considered to be part of the
consolidated municipality.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-4) (from Ch. 24, par. 7-7-4)
Sec. 7-7-4.
Public Question; Consolidation Ordinance.
A public
question for consolidation shall be initiated in accordance with Section
28-7 of The Election Code, as now or hereafter
amended. Each petition or resolution shall be accompanied by and shall
incorporate by reference a proposed consolidation ordinance, which shall be
identical, except as to matters of form, for each consolidating
municipality. The consolidation ordinance shall be entitled "Ordinance
Providing for the Consolidation of the Cities, Villages or Incorporated
Towns of (here insert the names of the consolidating municipalities) Into a
Single Municipality with the Interim Name of (insert proposed interim name of
consolidated municipality)". The ordinance in its proposed form shall be
placed on file with the clerk of each of the consolidating municipalities.
The clerk of each consolidating municipality shall place such ordinance on
file and make it available for public inspection.
The consolidation ordinance shall provide, at a minimum, for the
following: (1) the minimum number of municipalities or the specific
municipalities in which the approval of the voters shall be necessary to
effect the consolidation; (2) procedures for the selection of the permanent
name of the consolidated municipality; (3) the compensation of the
corporate authorities of the consolidated municipality; (4) the date the
consolidation shall be effective; (5) procedures for the orderly succession
of powers, functions, assets, liabilities and personnel and the merger of
the administrative offices of the consolidating municipalities; (6) the
dates for election of the initial corporate authorities and other elected
officers of the consolidated municipality; (7) the identity of the members
of the transition committee; and (8) a form of government for the
consolidated municipality, including: (i) the powers and functions of the
various officers; (ii) their terms of office, whether those terms shall be
staggered and if so, the procedure for staggering the terms of the initial
officers; (iii) the manner of selection of the officers; and (iv) if the
form of government is other than a form established by this Code, whether
the positions of treasurer and clerk are elective or appointive. The
consolidation ordinance may contain such other matters as are necessary or
appropriate for the purposes of implementing the consolidation.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-5) (from Ch. 24, par. 7-7-5)
Sec. 7-7-5.
Form of government.
The consolidation ordinance may
specify any form of government established by this Code or may define any
other form of government not prohibited by law. It is the intention of
this Section to permit the adoption of an existing form of government or
the creation of a new form of government pursuant to Article VII of the
Illinois Constitution.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-6) (from Ch. 24, par. 7-7-6)
Sec. 7-7-6.
Publication of consolidation ordinance.
At any time not
less than 30 nor more than 60 days prior to the referendum thereon, the
consolidation ordinance shall be published by the clerk in a newspaper of
general circulation in each of the consolidating municipalities.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-7) (from Ch. 24, par. 7-7-7)
Sec. 7-7-7.
Referendum.
A consolidation ordinance shall be effective
only upon its approval by a referendum conducted pursuant to Section 28-7
of The Election Code, as now or hereafter amended.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-8) (from Ch. 24, par. 7-7-8)
Sec. 7-7-8.
Approval of Referendum by Voters in Less Than All of the
Consolidating Municipalities. Unless otherwise provided in the
consolidation ordinance, if the consolidation referendum is approved by the
voters in less than all of the consolidating municipalities, the
consolidation shall only be effective as to those municipalities in which
the referendum is approved and which are contiguous as of the date of the consolidation.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-9) (from Ch. 24, par. 7-7-9)
Sec. 7-7-9.
Form of Question.
The question to be submitted to
the voters of each consolidating municipality for approval shall be in
substantially the following form:
--------------------------------------------------------------
Shall the city, village or incorporated
town (as the case may be) of.............
be consolidated with the cities, villages
or incorporated towns of ................
(and in this manner as far as necessary YES
filling the blanks with the names of
municipalities to be consolidated) to form
a single municipality with the form of
government and according to the terms of
that certain "Ordinance Providing For the
Consolidation of the Cities, Villages or ----------------
Incorporated Towns of ..... into
a Single Municipality with the Interim
Name of ..... "(filling the blanks
with appropriate words from the title of
the consolidation ordinance) filed with
the city, village or incorporated town NO
of ..... on .....? (here filling
in the blanks with the name of the
municipality which has filed the
consolidation ordinance and the date
of filing)
--------------------------------------------------------------
No other proposition shall appear thereon. The reference in the
proposition to the consolidation ordinance shall be deemed proper notice to
the electors of what is contemplated by the proposition.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-10) (from Ch. 24, par. 7-7-10)
Sec. 7-7-10.
Transition Matters.
(a) The corporate authorities of
each municipality in which the
consolidation ordinance has been approved by the voters shall adopt the
consolidation ordinance at their first regular meeting following the
election and declaration of the results thereof. Thereafter, the
consolidation ordinance shall take effect as an intergovernmental agreement
of the municipalities in which it is effective.
(b) The transition committee shall hold its initial meeting within 5
days after approval of the consolidation ordinance by the voters and its
adoption by each of the consolidating municipalities. The transition
committee shall exercise those powers and perform those functions set forth
in the consolidation ordinance to effect the orderly succession of powers,
functions, assets, liabilities and personnel, to effect the merger of the
administrative offices of the consolidating municipalities, and to propose
a permanent name for the consolidated municipality.
(c) The transition committee shall prepare a code of ordinances for the
consolidated municipality which shall set forth the powers and duties of
the corporate authorities thereof. The code of ordinances and a permanent
name for the consolidated municipality shall be submitted for approval by
the corporate authorities of the consolidated municipality at their initial
organizational meeting.
(d) Unless otherwise provided expressly or impliedly in the
consolidation ordinance, every valid ordinance of a consolidating
municipality shall upon consolidation remain valid within the territory of
that consolidating municipality until repealed expressly or impliedly by
legislation of the consolidated municipality on the same subject.
(e) Proposed Permanent Name. In determining the permanent name of the
new municipality the transition committee and the Secretary of State shall
follow insofar as applicable the provisions of Section 2-1-7 of this Code.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-11) (from Ch. 24, par. 7-7-11)
Sec. 7-7-11.
Elections of Initial Officers of Consolidated
Municipalities. (a) The day of the first election of officers of the
consolidated municipality shall be the next consolidated election
established pursuant to Section 2A-1.1 of The Election Code, as now or
hereafter amended, following the consolidation referendum. The day of the
first primary election of officers of the consolidated municipality shall
be the next consolidated primary election pursuant to Section 2A-1.1 of The
Election Code, as now or hereafter amended, following the consolidation referendum.
(b) The first election of officers of the consolidated municipality
shall be conducted in accordance with The Election Code, as now or
hereafter amended, except that the duties of the local election official
and boards set forth in The Election Code shall be performed by the
officers designated in subsection (c) of this Section and the nominating
petitions shall meet the requirements of subsection (d) of this Section.
All elections after such first election of officers shall be conducted in
accordance with The Election Code, as now or hereafter amended.
(c) For the first election of officers of the consolidated municipality,
the municipal clerk of one of the consolidating municipalities in which the
consolidation ordinance was approved by referendum, who shall be designated
by the consolidation ordinance, shall perform the duties required of the
local election official by The Election Code. For such first election of
officers, the municipal clerks of all of the municipalities in which the
consolidation ordinance was approved by referendum shall constitute an
electoral board to perform the duties required of the municipal officers
electoral board by The Election Code and shall also constitute a canvassing
board to perform the duties required of officers charged by The Election
Code with the duties of canvassing returns.
(d) For the first election of officers of the consolidated municipality,
with respect to the number of signatures required by The Election Code for
nominating petitions for partisan candidates, the number of qualified
primary electors in each consolidating municipality in which the
consolidation ordinance was approved by referendum shall be added together
to derive a sum which shall be deemed the number of qualified primary
electors of the consolidated municipality. For such first election of
officers, with respect to the number of signatures required by The Election
Code for nominating petitions for independent candidates and candidates of
newly formed political parties, the number of voters in each consolidating
municipality in which the consolidation ordinance was approved by
referendum who voted at the next preceding regular election in each
consolidating municipality shall be added together to derive a sum which
shall be deemed the number of persons voting in the next preceding election
in which the consolidated municipality voted as a unit.
(e) The earliest date for circulation of nominating petitions for the
first election of officers of the consolidated municipality and the filing
date for such petitions shall be as established by The Election Code, as
now or hereafter amended; provided, however, that nothing in The Election
Code or in this Code shall be construed as preventing the circulation of
nominating petitions for such first election prior to the date of the
consolidation referendum, so long as the requirements of The Election Code,
as now or hereafter amended, relating to the earliest date for such
circulation are otherwise met.
(Source: P.A. 85-1159.)
(65 ILCS 5/7-7-12) (from Ch. 24, par. 7-7-12)
Sec. 7-7-12.
Time and Effect of Consolidation.
(a) Consolidation shall occur immediately upon the taking of office of
the corporate authorities of the consolidated municipality. The
consolidated municipality shall immediately be incorporated and shall
thenceforth be deemed a municipality incorporated pursuant to this Code.
Upon incorporation, the chief executive officer of the consolidated
municipality shall comply with
Section 2-1-5 of this Code relating to records of incorporation.
(b) Simultaneously with the incorporation of the consolidated
municipality, the consolidating municipalities are dissolved. Except for
the notice procedures contained in Section 7-6-5 of this Code, dissolution
procedures in this Code shall not apply.
(c) The terms of offices of the elected officials of the
consolidating municipalities, if they otherwise would have expired, shall
be extended until the elected officials of the consolidated
municipality take office. Provided, however, that no consolidation
ordinance shall provide for or result in such an extension of office to a
date more than one year following the date of the referendum.
(d) The consolidated municipality shall have the territory and
inhabitants, and shall succeed to all rights and property of every kind and
description, as well as all obligations and liabilities of every kind and
description, of the consolidating municipalities. No consolidation shall
adversely affect any vested right held by any person in respect of any
consolidating municipality. No suit or prosecution of any kind involving a
consolidating municipality shall be affected by any consolidation except
insofar as it is necessary to substitute parties. However, when a change in
the form of government makes applicable a provision in this Code that gives
a different remedy in such suit or prosecution, the remedy shall be
cumulative to the remedies before provided.
(e) Except as hereinafter provided, the consolidated municipality shall
assume and pay all debts and liabilities, and shall perform all contracts of
the consolidating municipalities. Upon consolidation, the title to all
property which belonged to the consolidating municipalities vests
in the consolidated municipality, to be held, however, for the same
purposes and uses, and subject to the same conditions as before consolidation.
(f) With respect to the property of the consolidating municipalities,
the consolidated municipality may merge, interconnect and manage any
municipally owned facility, utility, water, sewerage or sewerage disposal
system, provided that such merger, interconnection or management does not
adversely affect the rights of any existing bond holders. The county clerk
shall continue to extend tax rates existing as of the date of consolidation
upon the taxable property of the consolidating municipality alone until the
payment of the principal or interest of the bonds of the consolidating
municipality is complete. Nothing in this Section shall be construed to
prevent the consolidated municipality from incurring indebtedness for the
consolidated municipality as a whole after its consolidation.
(Source: P.A. 85-1159.)
Structure Illinois Compiled Statutes
65 ILCS 5/ - Illinois Municipal Code.
Article 1 - General Provisions
Article 2 - Organization Of Municipalities
Article 4 - Commission Form Government
Article 5 - Managerial Form Of Municipal Government
Article 6 - Strong Mayor Form Government
Article 9 - Local Improvements