(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.)
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(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.)
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(65 ILCS 5/Art. 7 Div. 7 heading) DIVISION 7.
CONSOLIDATIONS
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 .)
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(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.)
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