Full Text of SB2175 93rd General Assembly
SB2175enr 93RD GENERAL ASSEMBLY
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SB2175 Enrolled |
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LRB093 16339 MKM 41977 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 5-2-12 and by adding Section 7-3-6.2 as | 6 |
| follows:
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| (65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
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| Sec. 5-2-12. Aldermen or trustees elected at large; | 9 |
| vacancies;
mayor or president to preside.
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| (a) If a city or village adopts the managerial
form of | 11 |
| municipal
government but does not elect to choose aldermen or | 12 |
| trustees from wards
or districts, then the following provisions | 13 |
| of this Section shall be
applicable.
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| (b) The city council shall be elected at large. In cities | 15 |
| of less than
50,000
population, the council shall consist of | 16 |
| (i) the mayor and 4 councilmen or (ii) the mayor and 6 | 17 |
| councilmen if the size of the city council is increased under | 18 |
| subsection (k) . In
cities
of at least 50,000 but less than | 19 |
| 100,000 population,
the council shall consist of
the mayor and | 20 |
| 6 councilmen. In cities of at least 100,000 but not more than | 21 |
| 500,000
population, the council shall consist of the mayor and | 22 |
| 8 councilmen.
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| (c) Except in villages that were governed by Article 4
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| immediately before
the adoption of the managerial form of | 25 |
| municipal government, the village
board shall be elected at | 26 |
| large and shall consist of a president and the number
of | 27 |
| trustees provided for in Section 5-2-15 or 5-2-17,
whichever is | 28 |
| applicable.
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| (d) The term of office of the mayor and councilmen shall be | 30 |
| 4 years, provided
that in cities of less than 50,000, the 2 | 31 |
| councilmen receiving the lowest
vote at the first election | 32 |
| shall serve for 2 years only; in cities of at
least 50,000 but |
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LRB093 16339 MKM 41977 b |
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| less than 100,000, the 3 councilmen receiving the lowest vote | 2 |
| at the
first election shall serve for 2 years only; and in | 3 |
| cities of at least
100,000 but
not more than 500,000, the 4 | 4 |
| councilmen receiving the lowest vote at the
first election | 5 |
| shall serve for 2 years only.
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| (e) The election of councilmen shall be every 2 years. | 7 |
| After the first election,
only 2 councilmen in cities of less | 8 |
| than
50,000, 3 councilmen in cities
of at least 50,000 but less | 9 |
| than 100,000, or 4
councilmen in cities of at least 100,000 but
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| not more than 500,000, shall be voted for by each elector at | 11 |
| the primary
elections, and only 2, 3, or 4 councilmen, as the | 12 |
| case may be, shall be voted
for by each elector at each | 13 |
| biennial general municipal election,
to serve for 4 years.
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| (f) In addition to the requirements of the general election | 15 |
| law, the ballots
shall be in the form set out in Section | 16 |
| 5-2-13. In cities with less than
50,000, the form of ballot | 17 |
| prescribed in Section 5-2-13 shall be further
modified by | 18 |
| printing in the place relating to councilmen the words "Vote
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| for Two" , or "Vote for Three" if the size of the city council | 20 |
| is increased under subsection (k), instead of the words "Vote | 21 |
| for Four". In cities of
at least 50,000 but
less than 100,000, | 22 |
| the ballot shall be modified in that place by printing
the | 23 |
| words "Vote for Three" instead of the words "Vote for Four". | 24 |
| Sections 4-3-5 through 4-3-18, insofar as they may be | 25 |
| applicable, shall
govern the election of a mayor and councilmen | 26 |
| under this Section.
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| (g) If a vacancy occurs in the office of mayor or | 28 |
| councilman, the remaining
members of the council, within 60 | 29 |
| days after the
vacancy occurs, shall fill the vacancy by | 30 |
| appointment of some person to
the office for
the balance of the | 31 |
| unexpired term or until the vacancy is filled by interim
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| election under Section 3.1-10-50, and
until the successor is | 33 |
| elected and
has qualified.
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| (h) Except in villages that were governed by Article 4
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| immediately before
the adoption of the managerial form of | 36 |
| municipal government, in villages
that have adopted this |
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| Article 5 the term of office of the
president, the
number of | 2 |
| trustees to be elected, their terms of office, and the manner | 3 |
| of
filling vacancies shall be governed by Sections
5-2-14 | 4 |
| through 5-2-17.
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| (i) Any village that adopts the managerial form of
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| municipal government under
this Article 5 and that, immediately | 7 |
| before that
adoption, was governed by the
provisions of Article | 8 |
| 4, shall continue to elect a mayor and
4 commissioners in | 9 |
| accordance with Sections 4-3-5 through
4-3-18, insofar as they | 10 |
| may be applicable, except that the 2 commissioners
receiving | 11 |
| the lowest vote among those elected at the first election after
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| this Article 5 becomes effective in the village shall serve for | 13 |
| 2
years
only. After that first election, the election of
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| commissioners shall be every 2 years, and
2 commissioners shall | 15 |
| be elected at each election to serve for 4
years. | 16 |
| (j) The mayor or president shall preside at all meetings of | 17 |
| the council
or
board and on all ceremonial occasions. | 18 |
| (k) In cities of less than 50,000 population, the city | 19 |
| council may, by ordinance, provide that the city council shall, | 20 |
| after the next biennial general municipal election, consist of | 21 |
| 6 instead of 4 councilmen. If the size of the council is | 22 |
| increased to 6 councilmen, then at the next biennial general | 23 |
| municipal election, the electors shall vote for 4 instead of 2 | 24 |
| councilmen. Of the 4 councilmen elected at that next election, | 25 |
| the one receiving the lowest
vote at that election shall serve | 26 |
| a 2-year term. Thereafter, all terms shall be for 4 years.
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| (Source: P.A. 87-1119.)
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| (65 ILCS 5/7-3-6.2 new) | 29 |
| Sec. 7-3-6.2. Split lots. Notwithstanding any other | 30 |
| provision of this Code, the owner or owners of record of a | 31 |
| split residential lot may disconnect a portion of the lot which | 32 |
| (i) is a residentially zoned and platted lot currently lying | 33 |
| partially within the corporate limits of and governed by 2 or | 34 |
| more municipalities or lying within the unincorporated area of | 35 |
| a county and also within the corporate limits of one or more |
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| municipalities, and contains less than 20 acres; (ii) is | 2 |
| located on the border of the municipality; and (iii) if | 3 |
| disconnected, will not result in the isolation of any part of | 4 |
| the municipality from the remainder of the municipality. The | 5 |
| owner or owners seeking to disconnect a portion of a split lot | 6 |
| from a municipality must petition the court in the manner | 7 |
| provided in Section 7-3-6 of this Code. In determining whether | 8 |
| a lot shall be disconnected under this Section, the court may | 9 |
| consider the following: (i) if disconnected, the growth | 10 |
| prospects and planning and zoning ordinances, if any, of the | 11 |
| municipality will not be unreasonably disrupted; (ii) if | 12 |
| disconnected, no substantial disruption will result to | 13 |
| existing municipal service facilities, such as, but not limited | 14 |
| to, sewer systems, street lighting, water mains, garbage | 15 |
| collection, and fire protection; and (iii) if disconnected, the | 16 |
| municipality will not be unduly harmed through loss of tax | 17 |
| revenue in the future. | 18 |
| An area of land, or any part thereof, disconnected under | 19 |
| the provisions of this Section from a municipality which was | 20 |
| incorporated at least 2 years prior to the date of the filing | 21 |
| of the petition for disconnection shall not be subdivided into | 22 |
| lots or blocks within one year from the date of disconnection. | 23 |
| A plat of any such proposed subdivision shall not be accepted | 24 |
| for recording within such one-year period, unless the land | 25 |
| comprising such proposed subdivision shall have been | 26 |
| thereafter annexed into a municipality.
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