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Illinois Compiled Statutes
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() 55 ILCS 5/Div. 1-4
(55 ILCS 5/Div. 1-4 heading)
Division 1-4.
Uniting Counties
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55 ILCS 5/1-4001
(55 ILCS 5/1-4001) (from Ch. 34, par. 1-4001)
Sec. 1-4001.
Petition to unite counties.
Whenever any number of legal
voters, not less than two hundred, one-half of such number being owners or
life tenants of real estate, residing in any county in this State, shall
petition the county board of their own county, for leave to have their own
county united and annexed to any adjoining county, and shall also petition
the county board of the adjoining county, to which they desire their county
to be united and annexed, for leave to have their own county united and
annexed to such adjoining county, it shall be the duty of the several
county boards so petitioned, to order that the propositions provided for in
this Division shall be submitted to the legal voters of their respective
counties. The several county boards shall certify the propositions to the
proper election officials who shall submit the question at a general
election in accordance with the general election law. In addition to the
requirements of the general election law, the notices of said election
shall include the name of each of the two counties, and shall state that
the proposition to be voted upon will be whether the county of (naming the
county whose legal voters have petitioned for union and annexation) shall
be united and annexed to the county of (naming the adjoining county to
which the legal voters have petitioned to be united and annexed): Provided,
that such proposition shall not be submitted or voted upon more often than
once in 5 years.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4002
(55 ILCS 5/1-4002) (from Ch. 34, par. 1-4002)
Sec. 1-4002.
Designation of counties.
In this Division and all
proceedings thereunder, the county whose legal voters shall petition the
several county boards as aforesaid, shall be called the "petitioning
county," and the county to which said legal voters shall petition to be
united and annexed shall be called the "adjoining county."
(Source: P.A. 86-962.)
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55 ILCS 5/1-4003
(55 ILCS 5/1-4003) (from Ch. 34, par. 1-4003)
Sec. 1-4003.
Form of proposition.
The proposition shall be
substantially in the following form: For uniting and annexing
the county of (naming the petitioning county) to the county of (naming
the adjoining county). Against uniting and annexing the county of
(naming the petitioning county) to the county of (naming the adjoining
county).
(Source: P.A. 86-962.)
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55 ILCS 5/1-4004
(55 ILCS 5/1-4004) (from Ch. 34, par. 1-4004)
Sec. 1-4004.
Effect of vote.
If a majority of the votes
polled in each of such counties at such election shall be in
favor of said proposition, all that territory included within
the established boundaries of the petitioning county, shall be
united and annexed to the adjoining county, and such petitioning
county, shall cease to have any separate existence as a county,
but shall be merged into and form an integral part of such
adjoining county, in fact and in name, at the time and in the
manner hereinafter provided.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4005
(55 ILCS 5/1-4005) (from Ch. 34, par. 1-4005)
Sec. 1-4005.
Proclamation by Governor.
Within ten days after such
election, the county clerk of each of such counties shall send a correct
and duly certified abstract of the votes polled at such election to the
Secretary of State; and if a majority of votes polled at such election in
each of said counties is found to be in favor of uniting and annexing the
petitioning county to the adjoining county, the Secretary of State shall
forthwith so notify the Governor of the state, and the Governor shall
thereupon, forthwith and without delay, issue his proclamation announcing
and declaring the result of such election; and on and after the date of
such proclamation the petitioning county shall cease to exist as a county,
and all that territory embraced in the limits of such petitioning county
shall be united and annexed to, and shall form an integral part of such
adjoining county.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4006
(55 ILCS 5/1-4006) (from Ch. 34, par. 1-4006)
Sec. 1-4006.
Officers to hold office until expiration of term.
All the county officers of the petitioning county shall continue
to hold their respective offices until their respective terms of office
shall expire, and shall perform the duties of their respective offices
arising in the territory which, before the Governor's proclamation
aforesaid, had constituted the petitioning county, and shall receive the
fees and compensation thereof, in the manner hereinafter provided. They
shall keep their offices at the county seat of the adjoining county, in the
court house of said county, in such rooms as may be selected by the county
board of the adjoining county; and within ten days after the date of the
proclamation as aforesaid, by the Governor, they shall remove all the files
and records, books, papers, and furniture of their respective offices to
the court house of the adjoining county, which shall thereafter be held and
taken to be the files, records, books, papers and furniture of the
adjoining county as it shall be constituted after the date of the
proclamation aforesaid.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4007
(55 ILCS 5/1-4007) (from Ch. 34, par. 1-4007)
Sec. 1-4007.
Process.
All process of every kind against any
person or property within the territory, which had constituted the
petitioning county before the proclamation aforesaid, during the
continuance of the term of office of the clerk of the circuit court and the
county clerk of the petitioning county, and after the union and annexation
aforesaid, may be issued by the clerk of circuit court or the county clerk
of the petitioning county, and they shall respectively, collect and account
to the county board of the adjoining county for the proper fees for issuing
the same, but all such process shall be signed by the proper clerk and have
the proper seal of the proper court of the adjoining county attached. The
sheriff of the petitioning county may serve all such process, referred to
in this Section; and shall collect and account to the county board of the
adjoining county for the proper fees for serving the same. The county clerk
and the clerk of the circuit court of the petitioning county shall each
receive the same compensation he was receiving by law at the date of the
aforesaid proclamation, which compensation shall be paid by the county
board of the adjoining county out of taxes collected from property in the
territory that had constituted the petitioning county before the aforesaid
proclamation.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4008
(55 ILCS 5/1-4008) (from Ch. 34, par. 1-4008)
Sec. 1-4008.
Sheriff of petitioning county.
The sheriff of the
petitioning county shall continue after the date of the Governor's
proclamation, to perform the duties of sheriff in the territory that had
constituted the petitioning county before the proclamation, until his or
her term of office shall expire, at which time he or she shall deliver to
the sheriff of the adjoining county, without demand therefor, all books,
papers, and furniture pertaining to or connected with his or her office,
and also all moneys and process held by him or her as sheriff, and all
property attached or levied on by him or her as sheriff. He or she shall
have a right to collect all taxes collectible by him or her during his or
her term of office from all property in the territory that had constituted the
petitioning county before the proclamation. He or she shall receive the
same compensation he or she would have received as sheriff and ex-officio
collector of the petitioning county, as if the same had not been united and
annexed to the adjoining county; but after the date of the
Governor's proclamation all his or her acts shall be performed in the
name of the sheriff of the adjoining county. After the date of the
Governor's proclamation, the sheriff of the petitioning county
shall become the deputy of the sheriff of the adjoining county, and the
sheriff of the petitioning county may perform all the duties of sheriff, to
be performed during his or her term of office in the territory that had
constituted the petitioning county before the proclamation
without control of the sheriff of the adjoining county, and shall be liable
upon his or her bond as sheriff, and upon his or her bond as collector,
for any breach of the conditions thereof, in the same manner and to the
same extent as if the petitioning county had continued to exist as a
county. The compensation payable to the sheriff of the petitioning county,
shall be paid by order of the county board of the adjoining county, out of
taxes upon property in the territory that has constituted the petitioning
county before the Governor's proclamation, and he or she shall account to
the county board of the adjoining county for all fees collected by him or
her: Provided, that the sheriff of the petitioning county shall forfeit all
right to any compensation, if he or she is not ready and willing to perform
the duties he or she may perform under this Code.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4009
(55 ILCS 5/1-4009) (from Ch. 34, par. 1-4009)
Sec. 1-4009.
Coroner.
The coroner of the petitioning county
shall perform all the duties required of him by law within the territory
that had constituted the petitioning county before the proclamation
aforesaid, until his term of office shall expire, and shall receive the
compensation to which he may be entitled by law, and whatever fees or
compensation may be payable by law out of the county treasury, shall be
certified and paid by the county board of the adjoining county to such
coroner, out of taxes collected from property in the territory that had
constituted the petitioning county.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4010
(55 ILCS 5/1-4010) (from Ch. 34, par. 1-4010)
Sec. 1-4010.
County treasurer.
The county treasurer of the
petitioning county shall perform all the duties required of him by law, in
the territory that had constituted the petitioning county, during his term
of office. He shall assess the taxable property in the territory aforesaid,
and shall return his assessment books to the county clerk of the adjoining
county, and make all his reports to the county board of the adjoining
county; but he shall be liable upon his bond for any breach or breaches of
the conditions thereof, in the same manner and to the same extent as if the
petitioning county had not been united and annexed to the adjoining county.
The compensation to which he may be entitled by law, shall be paid by the
county board of the adjoining county out of taxes collected from property
in the territory that had constituted the petitioning county, before the
proclamation aforesaid. So much of this Section as refers to assessing by
the treasurer, shall only be applicable where the petitioning county was
not under township organization at the date of the election aforesaid.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4011
(55 ILCS 5/1-4011) (from Ch. 34, par. 1-4011)
Sec. 1-4011.
State's attorney.
The State's Attorney for
the petitioning county shall, during his term of office,
receive the same compensation he was receiving at the date of
the proclamation of the Governor, as aforesaid. He shall
commence and prosecute all actions, suits, indictments and
informations of all kinds, arising in the territory which had
constituted the petitioning county before said proclamation,
in which the people of the State may be interested, and he
shall be assistant county attorney for the adjoining county
during his said term of office.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4012
(55 ILCS 5/1-4012) (from Ch. 34, par. 1-4012)
Sec. 1-4012.
Superintendent of schools.
The
county superintendent of schools of the petitioning county
shall continue to act as such in the territory that constituted the
petitioning county before said proclamation, until his term of office shall
expire; at which time he shall deliver to the county superintendent of
schools of the adjoining county, without any demand therefor, all moneys,
books, papers and personal property, belonging to the office of the county
superintendent of the petitioning county, whenever the term of office of
the county superintendent of the petitioning county shall have expired, by
death, resignation, or lapse of time, all notes and mortgages, and other
contracts, payable to, or made in the name of the county superintendent of
the petitioning county may be collected, and in any manner enforced, by
suit, or otherwise, by and in the name of the county superintendent of the
adjoining county. The county superintendent of the petitioning county shall
be subject to the direction and control of the county board of the
adjoining county, in the same manner and to the same extent that he would
have been subject to the county board of the petitioning county, if the
same had continued to have a separate existence as a county.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4013
(55 ILCS 5/1-4013) (from Ch. 34, par. 1-4013)
Sec. 1-4013.
County board.
The members of the county board of the
petitioning county and the county board of the adjoining county, after the
date of the Governor's proclamation aforesaid, shall sit together at all
regular and called meetings, as the county board of the adjoining county as
it will be constituted after the proclamation aforesaid. Whenever the term
of office of any one of the members of the county board of the petitioning
county shall expire, by his death or resignation, or refusal to act, or by
lapse of time, the expiration of said term, and the manner thereof shall be
entered upon the records of the said county board of the adjoining county,
and no successor to him shall be elected, and whenever the term of office
of any member of the county board of the adjoining county, elected before
the date of the Governor's proclamation aforesaid, shall expire in any of
the modes hereinbefore mentioned after the date of said proclamation, a
successor to him shall be elected in the adjoining county at large, as it
shall be constituted after the date of the proclamation aforesaid,
including the territory that had constituted the petitioning county before
said proclamation.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4014
(55 ILCS 5/1-4014) (from Ch. 34, par. 1-4014)
Sec. 1-4014.
Death of officer of petitioning county.
If any
county officer of the petitioning county shall die before his term of
office shall have expired, after the proclamation aforesaid, no successor
to him shall be elected to fill his unexpired term.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4015
(55 ILCS 5/1-4015) (from Ch. 34, par. 1-4015)
Sec. 1-4015.
Town officers.
If both the petitioning and adjoining
counties are under township organization, the town officers shall not be in
any manner affected by the union and annexation aforesaid. If the
petitioning county is under township organization, and the adjoining county
is not under township organization, the town officers shall continue to act
as such until their respective terms of office shall expire; and the
members of the county board of the petitioning county shall all sit with,
and as a part of the county board of the adjoining county, as hereinbefore
provided; and after the term of office of said town officers and said
county board of the petitioning county shall expire the said township
organization shall cease to exist. If the adjoining county is under
township organization, and the petitioning county is not under township
organization, immediately after the proclamation of the Governor aforesaid,
the territory that had constituted the petitioning county shall be divided
into towns, in the manner provided in the Township Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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55 ILCS 5/1-4016
(55 ILCS 5/1-4016) (from Ch. 34, par. 1-4016)
Sec. 1-4016.
Legislative and judicial apportionment to remain.
The territory which constituted the petitioning county shall
continue and remain until the next apportionment of the state for
congressional, legislative or judicial purposes part of the same
congressional district, of the same senatorial district, of the same
judicial grand division, of the same judicial appellate district and of the
same judicial circuit that it constituted part of at the date of the
proclamation aforesaid; and at any election, where the territory that had
constituted the respective counties before said proclamation is in
different districts, the county clerk of the adjoining county shall keep
separate the votes polled in the territory constituting the respective
counties before said proclamation, until the next apportionment aforesaid,
and shall report and return the same separately to the Secretary of State.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4017
(55 ILCS 5/1-4017) (from Ch. 34, par. 1-4017)
Sec. 1-4017.
Transfer of causes.
All cases of every kind that are on
the docket of the circuit court of the petitioning county at the date of
the Governor's proclamation aforesaid, shall be transferred by the clerk of
the circuit court of the adjoining county to the docket of the circuit
court of that county; and all criminal cases so transferred shall be tried
by a jury drawn in the manner provided by law from the qualified jurors
residing within the limits of the territory that had constituted the
petitioning county before the proclamation aforesaid, unless the defendant
in any such criminal case shall consent in open court to be tried by a jury
of the adjoining county.
(Source: P.A. 86-962.)
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55 ILCS 5/1-4018
(55 ILCS 5/1-4018) (from Ch. 34, par. 1-4018)
Sec. 1-4018.
Debts; taxes; issuing bonds.
The adjoining county shall
not become liable for the debts of the petitioning county. The county board
of the adjoining county shall have all the powers which the county board of
the petitioning county had at the date of the said proclamation of the
Governor, to levy taxes upon all the property in the territory which had
before the aforesaid proclamation constituted the petitioning county, to
pay the debts of the petitioning county. The county board of the adjoining
county shall have full power to compromise the debts of the petitioning
county; and shall have full power to issue bonds in settlement or
compromise of the debts of the petitioning county, which debts may be
funded by the adjoining county in bonds issued by that county, setting
forth upon their face that the principal and interest of said bonds shall
be paid from taxes levied upon the property within the territory which had
constituted the petitioning county. And the county board of the adjoining
county may submit to the legal voters of the adjoining county, as it will
be constituted after the said proclamation of the Governor, a proposition
to consolidate the debts of the petitioning and adjoining counties; and if
a majority of legal voters of said adjoining county, and a majority of the
legal voters residing in the territory that had constituted the petitioning
county, at any general election shall be in favor of the consolidation of
said debts, the same shall be consolidated, and bonds may be issued
therefor in the name of the adjoining county. All suits that might have
been brought against the petitioning county, may be brought after the
proclamation aforesaid against the adjoining county; and any judgment that
may be rendered in said suits may be paid by taxation upon the property in
the territory that had constituted the petitioning county. In any funding
of the consolidated debts of the said petitioning or adjoining county, the
bonds issued shall not bear a greater rate of interest than five per cent.
(Source: P.A. 86-962.)
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