| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/4-4-1
(65 ILCS 5/4-4-1) (from Ch. 24, par. 4-4-1)
Sec. 4-4-1.
Oath or affirmation.
Before entering upon the duties of
their respective offices,
all officers elected or appointed under this Article shall take and
subscribe the oath or affirmation prescribed by the Illinois
Constitution. This oath or affirmation, when
subscribed, shall be filed with the municipal clerk.
(Source: P.A. 87-1119.)
|
65 ILCS 5/4-4-2
(65 ILCS 5/4-4-2) (from Ch. 24, par. 4-4-2)
Sec. 4-4-2.
Bond of officers.
(a) Before entering upon the duties of their respective offices,
the mayor, each commissioner, municipal clerk, municipal treasurer, and other
officers and employees designated by the council by
ordinance shall execute bonds with good and sufficient security to be
approved by the council, payable to the municipality in the penal
sums directed by ordinances, conditioned for the faithful performance of
the duties of the office and the payment of all money received by the
officer, according to law and the municipal ordinances.
(b) The bonds of the mayor and commissioners, however, shall not be
fixed at
less than $3,000.
(c) The bonds of all municipal officers
except the municipal
clerk shall be filed with, recorded, and preserved by the municipal clerk.
The bond of the municipal clerk shall be filed with, recorded, and
preserved by the municipal treasurer. The treasurer's bond shall be in an
amount of dollars that is not less than the greater of $50,000 or 3 times the latest Federal
census population or any subsequent census figure used for Motor Fuel Tax
purposes.
(Source: P.A. 87-738; 87-1119.)
|
65 ILCS 5/Art. 4 Div. 5
(65 ILCS 5/Art. 4 Div. 5 heading)
DIVISION 5.
FUNCTIONS AND DUTIES OF
COUNCIL AND OFFICERS
|
65 ILCS 5/4-5-1
(65 ILCS 5/4-5-1) (from Ch. 24, par. 4-5-1)
Sec. 4-5-1.
Every municipality which has the commission form of municipal
government shall be governed by a council, consisting of the mayor and 4
commissioners, as provided in this article.
The mayor shall be the president of the council and preside at its
meetings, and he shall supervise all departments and report to the council
for its action all matters requiring attention in any department. The
commissioner of accounts and finances shall be vice president of the
council, and in case of a vacancy in the office of mayor or the absence or
inability of the mayor, shall perform the duties of the mayor.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-2
(65 ILCS 5/4-5-2) (from Ch. 24, par. 4-5-2)
Sec. 4-5-2.
The council and its members shall possess and exercise all
executive, administrative, and legislative powers and duties now possessed
and exercised by the executive, legislative, and administrative officers in
municipalities which are treated as properly incorporated under this Code
or which hereafter incorporate under this Code, except that in
municipalities under the commission form of municipal government, the board
of local improvements provided for by Article 9 shall remain a separate
and distinct body, with all the rights, powers, and duties contained in
Article 9.
The executive and administrative powers and duties in municipalities
under the commission form of municipal government shall be distributed
among 5 departments, as follows:
1. Department of public affairs.
2. Department of accounts and finances.
3. Department of public health and safety.
4. Department of streets and public improvements.
5. Department of public property.
The council, by ordinance, (1) shall determine the powers of and duties
to be performed by each department and shall assign them to the appropriate
departments; (2) shall prescribe the powers and duties of officers and
employees, and may assign officers and employees to one or more of the
departments; (3) may require an officer or employee to perform duties in 2
or more departments; and (4) may make such rules and regulations as may be
necessary or proper for the efficient and economical conduct of the
business of the municipality.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-3
(65 ILCS 5/4-5-3) (from Ch. 24, par. 4-5-3)
Sec. 4-5-3.
Except where candidates for commissioner are required to run
for a specific office, the council, at the first regular meeting after an
election of a member or members, shall designate by a majority vote one
commissioner to be commissioner of accounts and finances, one to be
commissioner of public health and safety, one to be commissioner of streets
and public improvements, who ex officio shall be commissioner of public
works, and one to be commissioner of public property. This designation may
be changed by the council whenever it appears that the public service would
be benefited thereby. The mayor shall be commissioner of public affairs.
The commissioner of each department shall be superintendent of that
department.
If the municipality has voted, as provided in Section 4-3-19, to require
candidates for commissioner to run for a specific office, each commissioner
shall be superintendent of the department bearing the same designation as
the office to which he was elected. The mayor shall be commissioner of
public affairs. The Commissioner of streets and public improvements shall
be, ex-officio, commissioner of public works.
(Source: Laws 1965, p. 2677.)
|
65 ILCS 5/4-5-4
(65 ILCS 5/4-5-4) (from Ch. 24, par. 4-5-4)
Sec. 4-5-4.
Establishment of certain offices; police and legal
departments in cities over 50,000.
(a) At the first regular meeting after the
general election of its
members or as soon as practicable after the election,
the council in its
discretion, as determined by a majority vote, may appoint, by a
majority
vote, the following officers: city clerk, corporation counsel, city
attorney, assistant city attorney, city treasurer, library trustees,
commissioner of streets and public improvements, superintendent of
streets, superintendent of special assessments, superintendent of sewers,
city engineer, and
any additional officers that the council considers
necessary or expedient. The commissioner of streets and public
improvements under this Article shall be ex-officio the commissioner of
public works and a member of the board of local improvements as and when
provided for by Article 9. If, however, it is provided by ordinance that a
superintendent of streets shall be appointed by the commissioner of streets
and public improvements, the council shall have no power to appoint the
superintendent of streets. If it is provided by law that the
superintendent of streets shall be a member of the board of local
improvements, the fact that the superintendent of streets is
appointed by the commissioner of streets
and public improvements shall not bar the superintendent of streets from membership on the board of
local improvements.
(b) In all cities of over 50,000 population that have
adopted or that may
hereafter adopt this Article and Sections 10-1-1 through 10-1-45, the
police departments shall be assigned to and shall be a part of the
department of public affairs, and the corporation counsel, city attorney,
assistant city attorney, and all other members of the legal department
shall be assigned to the department of public affairs and shall be
appointed by the mayor as the commissioner of that department.
(Source: P.A. 87-1119.)
|
65 ILCS 5/4-5-5
(65 ILCS 5/4-5-5) (from Ch. 24, par. 4-5-5)
Sec. 4-5-5.
The council has the right and power to appoint and discharge
the heads of all principal departments subordinate to the departments
provided for in Section 4-5-2. The commissioner of each department,
however, may be vested by ordinance with the sole right and power to
appoint and discharge the heads of all principal departments subordinate to
the department of which he is the commissioner. But in all municipalities
which are treated as having adopted or which may hereafter adopt Sections
10-2-1 through 10-2-23, the chief of police and chief of the fire
department shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-6
(65 ILCS 5/4-5-6) (from Ch. 24, par. 4-5-6)
Sec. 4-5-6.
In all municipalities in which Sections 10-1-1 through 10-1-45
are not in effect, all officers, assistants, and employees of each
department specified in Section 4-5-2, except those elected or appointed as
provided in Sections 4-5-3 through 4-5-5, shall be appointed by the
commissioner of the department to which they are appointed, and may be
discharged by him when in his judgment the efficient conduct of municipal
affairs so demands. However, in all municipalities in which Sections 10-1-1
through 10-1-45 and Sections 10-2-1 through 10-2-23 are not in effect, all
officers and members of the fire and police departments, except those
elected or appointed as provided in Sections 4-5-3 through 4-5-5, shall be
appointed by the commissioner of the department, specified in Section
4-5-2, to which the powers of and duties to be performed by the fire
department and the police department, respectively, are assigned, and may
be discharged by him when in his judgment the efficient conduct of
municipal affairs so demands.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-7
(65 ILCS 5/4-5-7) (from Ch. 24, par. 4-5-7)
Sec. 4-5-7.
(a) In all cities in which Sections 10-1-1 through 10-1-45 are
in effect, all municipal officers, assistants, and employees, except those
specified in Sections 4-5-2 through 4-5-5, and in paragraph (b) of this
Section shall be appointed and discharged only as provided in Sections
10-1-1 through 10-1-45. For the purpose of the performance of the duties
imposed upon, and the exercise of the powers and authority vested in, the
head of a department or office by Sections 10-1-1 through 10-1-45, the
commissioner of each department, specified in Section 4-5-2, shall be
considered the head of the department or office under Sections 10-1-1
through 10-1-45.
(b) In all municipalities in which Sections 10-2-1 through 10-2-23 are
in effect, all officers and members of the fire and police departments of
those municipalities, including the chief of police and chief of the fire
department, shall be appointed and discharged only as provided in Sections
10-2-1 through 10-2-23.
(c) Nothing in this Article shall prevent any city which adopts the
commission form of municipal government from adopting Sections 10-1-1
through 10-1-45, or, when of the required population, from adopting
Sections 10-2-1 through 10-2-23, or from adopting Sections 10-2-1 through
10-2-23 and Sections 10-1-1 through 10-1-45.
(d) In all municipalities which are treated as having adopted Sections
10-2-1 through 10-2-23 before January 1, 1942, and which have also adopted
the commission form of municipal government before January 1, 1942,
Sections 10-2-1 through 10-2-23 shall continue in force in that
municipality in like manner as such sections would have continued in force
therein if the commission form of municipal government had not been adopted
therein. But the council shall have the right and power to appoint and
discharge the board of fire and police commissioners.
(Source: Laws 1961, p. 576 .)
|
65 ILCS 5/4-5-8
(65 ILCS 5/4-5-8) (from Ch. 24, par. 4-5-8)
Sec. 4-5-8.
The council has the power, by ordinance, to create, fill, and
discontinue offices and employment other than those prescribed in this
article, according to its judgment of the needs of the municipality.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-9
(65 ILCS 5/4-5-9) (from Ch. 24, par. 4-5-9)
Sec. 4-5-9.
Except as otherwise provided in this article or by law, any
officer or employee who has been elected or appointed by the council in
accordance with the provisions of this article may be removed from office
at any time by a vote of a majority of the council members.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-10
(65 ILCS 5/4-5-10) (from Ch. 24, par. 4-5-10)
Sec. 4-5-10.
The council has the power to make proper regulations for the
inspection of all plants and machinery of any person exercising any right,
grant, or franchise from any municipality adopting, or which is treated as
having adopted, this article. The council and their authorized agents have
the power to make all necessary examinations of any plant, appliances, or
apparatus for the purpose of making the necessary tests to see that such
person complies with the regulations of the council with reference to the
quality and the character of the commodity or service furnished. The
council has the power to specify, determine, and regulate the quality and
character of gas and electricity furnished to the municipality and to its
residents. The municipality has the power to perform all acts necessary to
give effect to this section.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-11
(65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
Sec. 4-5-11. Except as otherwise provided, all contracts, of whatever
character, pertaining to public improvement, or to the maintenance of
the public property of a municipality involving an outlay of $10,000 or
more, shall be based upon specifications to be approved by the council.
Any work or other public improvement which is not to be paid for in
whole or in part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed as follows:
(1) By a contract let to the lowest responsible | | bidder after advertising for bids, in the manner prescribed by ordinance, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of 4 of the 5 council members elected; or
|
|
(2) In the following manner, if authorized by a vote
| | of 4 of the 5 council members elected: the commissioner of public works or other proper officers to be designated by ordinance, shall superintend and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor thereon, laborers and artisans whom the city or village shall pay by the day or hour, but all material of the value of $25,000 and upward used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner to be prescribed by ordinance.
|
|
Nothing contained in this Section shall apply to any contract by a
municipality with the United States of America or any agency thereof.
(Source: P.A. 100-338, eff. 8-25-17.)
|
65 ILCS 5/4-5-12
(65 ILCS 5/4-5-12) (from Ch. 24, par. 4-5-12)
Sec. 4-5-12.
Regular meetings of the council shall be held on the first
Monday after the mayor and commissioners have entered upon the performance
of their official duties, and at least twice each month thereafter. The
council shall provide by ordinance for the holding of regular meetings.
Special meetings may be called from time to time by the mayor or by 2
commissioners upon giving notice of not less than 24 hours to all members
of the council. Public notice of meetings must also be given as prescribed
in Sections 2.02 and 2.03 of "An Act in relation to meetings", approved
July 11, 1957, as heretofore or hereafter amended. All meetings of the
council, whether regular or special, shall be open to the public.
The mayor and each commissioner shall have the right to vote on all
questions coming before the council. Three members of the council shall
constitute a quorum, and the affirmative vote of 3 members shall be
necessary to adopt any motion, resolution, or ordinance, unless a greater
number is provided for by this article.
Upon every vote the "yeas" and "nays" shall be called and recorded.
Every motion, resolution, or ordinance shall be reduced to writing and read
before a vote is taken thereon, and all council members present at any
meeting shall vote thereon. The style of all ordinances shall be: "Be it
ordained by the council of the city (or village) of ....."
The mayor shall have no power to veto, but every resolution, ordinance
or warrant passed or ordered by the council must be signed by the mayor, or
by 2 commissioners, and all ordinances and resolutions shall be filed for
record, before they shall be in force.
(Source: Laws 1967, p. 1909.)
|
65 ILCS 5/4-5-13
(65 ILCS 5/4-5-13) (from Ch. 24, par. 4-5-13)
Sec. 4-5-13.
Every ordinance or resolution appropriating any money, or
ordering any street improvement or sewer, or making or authorizing the
making of any contract, or granting any franchise, right, or license to
occupy or use the streets, alleys, highways, bridges, viaducts, public
property, or public places in the municipality for any purpose, shall
remain on file with the municipal clerk for public inspection, in the form
in which it is finally passed, at least one week before the final passage
thereof.
(Source: Laws 1961, p. 576.)
|
65 ILCS 5/4-5-16
(65 ILCS 5/4-5-16) (from Ch. 24, par. 4-5-16)
Sec. 4-5-16. Statement of receipts and expenses; examination of books
and accounts; expenditure greater than appropriation.
(a) In municipalities with
25,000 or more inhabitants, the council
each month shall print in pamphlet form, a detailed itemized statement of
all receipts and expenses of the municipality and a summary of its
proceedings during the preceding month. In municipalities with fewer than
25,000 inhabitants, the council shall print a similar statement
annually
instead of monthly. The council shall furnish printed copies of each
statement
to (i) the State Library, (ii) the city library,
(iii) all the daily and
weekly newspapers with a general circulation in the municipality, and (iv)
persons who apply for a copy at the office of the municipal clerk.
(b) At the end of each fiscal year, the council shall have licensed Certified Public Accountants permitted to perform audits under the Illinois Public Accounting Act make a full and complete examination of all books and accounts
of the municipality and shall distribute the result of
that examination in
the manner provided in this Section.
(c) It is unlawful for the council or any commissioner to expend, directly
or indirectly, a greater amount for any municipal purpose than the amount
appropriated for that purpose in the annual appropriation ordinance passed
for that fiscal year. A violation of this provision by any member of the
council shall constitute a petty offense.
(Source: P.A. 93-486, eff. 1-1-04; 94-465, eff. 8-4-05.)
|
|
|
|