(65 ILCS 5/7-7-12)
(from Ch. 24, par. 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.)