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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 5 Div. 1
(65 ILCS 5/Art. 5 Div. 1 heading)
DIVISION 1.
GENERAL ADOPTION PROCEDURES
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65 ILCS 5/5-1-1
(65 ILCS 5/5-1-1) (from Ch. 24, par. 5-1-1)
Sec. 5-1-1.
All cities and villages with less than 500,000 inhabitants,
which are treated as properly incorporated, or which hereafter are
incorporated under this Code, in addition to all the rights, powers, and
authority conferred upon them elsewhere in this Code, shall have the
rights, powers and authority conferred in this Article 5, by proceeding as
provided in Section 5-1-4. For convenience this Article 5 is designated
"The Managerial Form of Municipal Government".
(Source: Laws 1963, p. 857.)
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65 ILCS 5/5-1-2
(65 ILCS 5/5-1-2) (from Ch. 24, par. 5-1-2)
Sec. 5-1-2.
Upon this Article 5 becoming effective in any city or
village, that city or village and its officers shall be vested with all the
rights, privileges, powers and immunities conferred by Article 3 or 4, as
the case may be, in force at the time such city or village adopted this
Article 5, including the procedures for elections therein described, the
officers therein named and the duties and liabilities therein set forth,
except as modified by this Article 5.
After this Article 5 becomes effective in any city or village which was
operating under Article 4 at the time of adoption of this Article 5, the
provisions of Section 4-5-13 relating to filing certain ordinances for
public inspection shall no longer apply in such city or village.
(Source: Laws 1967, p. 2332.)
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65 ILCS 5/5-1-3
(65 ILCS 5/5-1-3) (from Ch. 24, par. 5-1-3)
Sec. 5-1-3.
The rights, privileges, powers and immunities contained in
Articles 3 and 4 which are applicable to cities and villages operating
under this Article 5, as provided in Section 5-1-2, are modified by the
provisions of this Article 5 found in Sections 5-1-2, 5-2-3, 5-2-12 and
5-2-19.
However, if any modifications appear in any other section of this
Article 5, this section shall not operate to restrict or render void such
modification because the sections containing such modifications are omitted
from the listing of sections in this Section 5-1-3.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/5-1-4
(65 ILCS 5/5-1-4) (from Ch. 24, par. 5-1-4)
Sec. 5-1-4. Procedure for adopting managerial form of government.
(a) Cities and villages described in Section 5-1-1, in order
to vest themselves with the managerial form of municipal government,
shall act in accordance with the procedure provided in Sections 5-1-4
through 5-1-11 unless modified elsewhere in this Article 5. In cities
that are operating under Section 3.1-20-10 and
villages operating under
Section 3.1-25-75 at the time of the adoption of this Article 5,
the forms
of petition and ballot prescribed in Sections 5-1-5 and 5-1-7 may at the
option of the petitioners be modified to contain the following
additional proposition:
Shall (name of city or village), if it adopts the | | managerial form of municipal government, continue to elect alderpersons (or trustees) from wards (or districts)?
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(b) In any city operating under Section 3.1-20-10 at
the time of adoption of
this Article 5, at the option of the petitioners and in addition to the
optional proposition provided for in subsection (a), the forms
of petition and ballot prescribed in Sections 5-1-6 and 5-1-8 may be
further modified to contain the following additional proposition:
Shall only one alderperson hereafter be elected from
| | each ward if (name of city) adopts the managerial form of municipal government and also elects to continue the alderperson organization for the city council?
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(c) If 2 or more forms of petition allowed under this
Section are presented to the chief judge of the circuit court or
any judge of that circuit designated by the chief judge, the judge shall
cause only the question or questions contained in the first petition so
presented to be submitted to referendum, if he or she finds
that the petition
is in proper form and legally sufficient.
(d) If a majority of the electors voting on the proposition
vote to adopt
the managerial form of municipal government, then this Article 5 shall
become effective in the city or village upon the date of the next
general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government,
for purposes of voting on the question to abandon set out in Section
5-5-1, however, shall not be deemed to begin until a manager is appointed.
(e) The city council or board of trustees of a city or village
that adopts the
provisions of this Article 5 under this Section may, if it so
desires, by the adoption of an ordinance immediately after the
adoption
of this Article 5 has been proclaimed, appoint a city or village
manager and reorganize
the administration of the municipality in conformance with this Article 5. This
Article 5,
except as
to the membership of the council in cities or villages in which representation
by wards or
districts has not been retained, shall be in effect upon the
proclamation of the results of the adopting referendum.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/5-1-5
(65 ILCS 5/5-1-5) (from Ch. 24, par. 5-1-5)
Sec. 5-1-5.
Electors of any city or village specified in Section
5-1-1, equal in number to 1/10 the number of votes cast for all
candidates for mayor or president at the last preceding municipal
election for such officer, may petition the Chief Judge of the Circuit Court,
or any judge of that Circuit designated by the Chief Judge, in which that
city or village specified in Section 5-1-1 is located to
cause to be submitted to a vote of the electors of that city or village
specified in Section 5-1-1 the proposition whether this Article 5 shall
be adopted.
Upon submission of such petition the court shall set a date not less
than 10 nor more than 30 days thereafter for a hearing on the
sufficiency thereof. Notice of the filing of such petition and of such
date shall be given in writing to the city or village clerk and to the
mayor or village president at least 7 days before the date of such
hearing.
If such petition is found sufficient the court shall enter an order to submit
that
proposition at an election.
However, the referendum on the proposition shall not be held on the date of
the general primary election for the municipality.
The clerk of the circuit court shall certify the court's order and the
proposition for submission.
A proposal to adopt this Article 5 may also be initiated and
submitted to the voters in the same manner as is provided in this
Section by the adoption of an ordinance by the corporate authorities.
(Source: P.A. 81-1489.)
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65 ILCS 5/5-1-6
(65 ILCS 5/5-1-6) (from Ch. 24, par. 5-1-6)
Sec. 5-1-6.
The petition provided in Section 5-1-5 shall be
substantially in the following form: To the Circuit Court of the county
of (name of county):
We, the undersigned electors of the city (or village) of (name of
city or village), respectfully petition your honor to submit to a vote
of the electors of (name of city or village), the following proposition:
Shall the city (or village) of.... adopt the managerial form of
municipal government?
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Name. |
Address, with Street and Number |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(Source: P.A. 81-1489 .)
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65 ILCS 5/5-1-8
(65 ILCS 5/5-1-8) (from Ch. 24, par. 5-1-8)
Sec. 5-1-8.
The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city (or village) YES of.... adopt the managerial - - - - - - - - - - - - - - - - - - - - - - - - - - - -
form of municipal government? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors voting upon this proposition vote yes,
this Article 5 is adopted in that city or village. Thereupon, the mayor
or president shall immediately issue a proclamation declaring this
article in force. Thenceforth this Article 5 shall be in effect in that
city or village. However, the operation of the managerial form of
municipal government, for purposes of voting on the question to abandon
set out in Section 5-5-1, shall not be deemed to begin until a manager
is appointed.
If a majority of the electors voting upon this proposition vote no,
the proposition shall not be submitted again in that city or village for
22 months.
(Source: P.A. 81-1489 .)
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65 ILCS 5/5-1-9
(65 ILCS 5/5-1-9) (from Ch. 24, par. 5-1-9)
Sec. 5-1-9.
A certified copy of the canvass of the votes on the proposition
specified in Section 5-1-5, made by the proper officers of the election,
shall be transmitted to the city or village clerk, and to the clerk of the
court, and by each transcribed upon the records of his office.
(Source: Laws 1967, p. 3740.)
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65 ILCS 5/5-1-10
(65 ILCS 5/5-1-10) (from Ch. 24, par. 5-1-10)
Sec. 5-1-10.
If the managerial form of municipal government is adopted, the
mayor or president immediately shall transmit a certificate so stating to
(1) the Secretary of State, (2) the clerk of the court, and (3) the county
recorder. These officers shall file this certificate in their respective
offices and transcribe it upon the records thereof.
(Source: Laws 1967, p. 3740.)
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65 ILCS 5/5-1-11
(65 ILCS 5/5-1-11) (from Ch. 24, par. 5-1-11)
Sec. 5-1-11.
The failure of the officers named in Sections 5-1-6 through
5-1-9 to perform the duties and acts imposed upon them by those sections,
shall neither invalidate nor prevent the adoption of this Article 5.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/5-1-12
(65 ILCS 5/5-1-12) (from Ch. 24, par. 5-1-12)
Sec. 5-1-12.
All courts shall take judicial notice of the adoption of this
Article 5 by all cities and villages adopting it.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/5-1-13
(65 ILCS 5/5-1-13) (from Ch. 24, par. 5-1-13)
Sec. 5-1-13.
When any city or village has not adopted this Article 5
and desires to vote to adopt Article 4 as provided in Sections 4-2-2
through 4-2-9 and also desires to vote on adoption of this Article 5
upon compliance with the provisions thereof, both propositions may be
submitted at the same election, and may be printed on the same ballot,
but each proposition shall be stated separately. The proposition
receiving the larger majority shall be adopted.
(Source: P.A. 81-1489.)
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65 ILCS 5/5-1-14
(65 ILCS 5/5-1-14) (from Ch. 24, par. 5-1-14)
Sec. 5-1-14.
Any city or village which has heretofore adopted the
managerial form of municipal government and is functioning under that form
of government immediately prior to January 1, 1942 shall be treated as
having adopted this Article 5.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/5-1-15
(65 ILCS 5/5-1-15) (from Ch. 24, par. 5-1-15)
Sec. 5-1-15.
Any city or village which adopts the managerial form of
municipal government as provided in Article 7 thereby adopts this Article
5. In case of conflict between Articles 5 and 7, Article 7 governs.
(Source: Laws 1965, p. 1267.)
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