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Illinois Compiled Statutes
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() 65 ILCS 5/Art. 5 Div. 5
(65 ILCS 5/Art. 5 Div. 5 heading)
DIVISION 5.
ABANDONMENT OF
MANAGERIAL FORM
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65 ILCS 5/5-5-1
(65 ILCS 5/5-5-1) (from Ch. 24, par. 5-5-1)
Sec. 5-5-1. Petition for abandonment of managerial form; referendum;
succeeding elections of officers and alderpersons or trustees.
(a) A city or village that has operated for 4
years or more under the
managerial form of municipal government may abandon that
organization as provided in this Section. For the purposes of this
Article, the
operation of the managerial form of municipal government shall be deemed
to begin on the date of the appointment of the first manager in
the city or village. When a petition for abandonment
signed by electors of the
municipality equal in number to at least 10% of the number of votes cast
for candidates for mayor at the preceding general quadrennial municipal
election is filed with the circuit court for the county in which that
city or village is located, the court shall set a date not less than 10
nor more than 30 days thereafter for a hearing on the sufficiency of the
petition. Notice of the filing of the petition and of the date of the
hearing 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 the
hearing. If the petition is found sufficient, the court shall enter an
order directing that the
proposition be submitted at an election other than a primary election for
the municipality. The clerk of the court shall certify the proposition to
the proper election authorities for submission.
The proposition shall be in substantially the following form:
Shall (name of city or village) retain the managerial | | form of municipal government?
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(b) If the majority of the votes at the
election are "yes", then the
proposition to abandon is rejected and the municipality shall continue
operating under this Article 5. If the majority of the votes are "no",
then the proposition to abandon operation under this Article 5 is
approved.
(c) If the proposition for abandonment is approved, the city or village
shall become subject to Article 3.1 or Article 4,
whichever Article was in force in the city or village
immediately before the adoption of the plan authorized by this Article 5, upon the
election and qualification of officers to be elected at the next
succeeding general municipal election. Those officers shall be those
prescribed by Article 3.1 or Article 4, as the case may be, but the
change shall not in any manner or degree affect the property rights or
liabilities of the city or village. The mayor, clerk, and treasurer and
all other elected officers of a city or village in office at the time
the proposition for abandonment is approved shall continue in office
until the expiration of the term for which they were elected.
(d) If a city or village operating under this Article 5 has alderpersons or
trustees elected from wards or districts and a proposition to abandon operation under this Article 5 is approved, then the officers
to be elected at the next
succeeding general municipal election shall be elected from the same
wards or districts as exist immediately before the abandonment.
(e) If a city or village operating under this Article 5 has a council or
village board elected from the municipality at large and a proposition
to abandon operation under this Article 5 is approved, then
the first group of alderpersons,
board of trustees, or commissioners so elected shall be of the same
number as was provided for in the municipality at the time of the
adoption of a plan under this Article 5, with the same ward or district
boundaries in cities or villages that immediately before the adoption
of this Article 5 had wards or districts, unless the municipal
boundaries have been changed. If there has been such a change,
the council or village board shall so alter the former ward or district
boundaries so as to conform as nearly as possible to the former
division. If the plan authorized by this Article 5 is
abandoned, the next general municipal election for officers shall be
held at the time specified in Section 3.1-10-75 or
3.1-25-15 for that
election. The alderpersons or trustees elected at that election shall, if
the city or village was operating under Article 3 at the time of
adoption of this Article 5 and had at that time staggered 4 year terms
of office for the alderpersons or trustees, choose by lot which shall serve
initial 2 year terms as provided by Section 3.1-20-35 or
3.1-15-5, whichever
may be applicable, in the case of election of those officers at
the first
election after a municipality is incorporated.
(f) The proposition to abandon the managerial form of municipal
government shall not be submitted in any city or village oftener than
once in 46 months.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/5-5-1.1
(65 ILCS 5/5-5-1.1) (from Ch. 24, par. 5-5-1.1)
Sec. 5-5-1.1.
The proposition to abandon the managerial form provided
in Section 5-5-1 shall not be submitted at the
primary election for the municipality.
(Source: P.A. 81-1489.)
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65 ILCS 5/5-5-2
(65 ILCS 5/5-5-2) (from Ch. 24, par. 5-5-2)
Sec. 5-5-2.
The petition specified in Section 5-5-1 shall contain a
general statement, of not more than 200 words, of the reasons for which the
change is sought.
The petition shall include substantially the following:
To the Circuit Court of the County of (name of county):
We, the undersigned electors of the city (or village) of....,
entitled to vote for mayor (or president) in the city (or village) of
...., do hereby demand an election on the issue whether to retain the
managerial form for the following reasons: (Here state reasons in not
more than 200 words).
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House |
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Name |
Number |
Street |
Date of Signing |
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(if any) |
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Opposite his signature, each petitioner shall write the street and
number of his residence (if there are such) and the date on which he
signs the sheet. No signature shall be valid unless the requirements in
this paragraph are complied with and unless the date of signing is less
than 4 months preceding the date of filing the petition.
No signature shall be revoked, except by a written revocation filed with
the circuit court with whom the petition is required to be filed before
the petition is filed. Upon the request of any person, the clerk of such
circuit court shall furnish a certified copy of the petition including the
names thereon, upon the payment by that person to the clerk of a fee of $1
for each 100 names thereon.
(Source: P.A. 81-1489 .)
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65 ILCS 5/5-5-3
(65 ILCS 5/5-5-3) (from Ch. 24, par. 5-5-3)
Sec. 5-5-3.
Jurisdiction is vested in the circuit court to
determine without a jury the sufficiency of the petition.
The clerk of the court, with whom the petition is filed, immediately
after it is filed with him, shall present it to the court. The court
shall then schedule a hearing on the sufficiency of the petition as
provided in Section 5-5-1.
The specified court shall ascertain and declare by the entry of an order,
the sufficiency or insufficiency of the petition.
(Source: P.A. 80-1031.)
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65 ILCS 5/5-5-4
(65 ILCS 5/5-5-4) (from Ch. 24, par. 5-5-4)
Sec. 5-5-4.
If the court finds the petition sufficient, it shall order the proposition
to be submitted at an election.
The clerk of the circuit court shall certify the proposition and the order
for submission to the proper election authorities.
(Source: P.A. 81-1489.)
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65 ILCS 5/5-5-5
(65 ILCS 5/5-5-5) (from Ch. 24, par. 5-5-5)
Sec. 5-5-5.
Any city or village which has adopted this Article 5 and was
operating under Article 4 at the time of such adoption may upon
abandonment of this Article 5 also abandon operation under Article 4, as
provided in Section 4-10-1, and by so doing shall become subject to the alderperson
form provisions of Article 3 and shall be subject to the
provisions of that Article 3 the same as if it had been operating under
Article 3 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 3 fully and completely applicable.
Any city or village which has adopted this Article 5 and was operating
under Article 3 at the time of such adoption may upon abandonment of this
Article 5 also abandon operation under Article 3 by adopting Article 4, as
provided in Sections 4-2-2 through 4-2-9, and by so doing shall become
subject to the provisions of Article 4 and shall be subject to the
provisions of that Article 4 the same as if it had been operating under
Article 4 at the time this Article 5 was adopted, except for any period of
time after abandonment of this Article 5 necessary to make the provisions
of Article 4 fully and completely applicable.
(Source: P.A. 102-15, eff. 6-17-21.)
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