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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/2-1-7
(65 ILCS 5/2-1-7) (from Ch. 24, par. 2-1-7)
Sec. 2-1-7.
Before action is had upon any petition for incorporation of a
city or village, the name proposed to be given to such municipality shall
be filed with the Secretary of State. If it appears from information in his
office that the proposed name has not been adopted by any municipality, the
Secretary of State shall grant a certificate so stating. If the proposed
name is the same as the name of another municipality in Illinois, the
Secretary of State shall inform the petitioners thereof. Thereupon, the
petitioners may file another proposed name with the Secretary of State and
they may proceed in the manner set forth in this section. No action shall
be taken on the petition for incorporation until the Secretary of State has
issued such certificate.
(Source: Laws 1963, p. 1937.)
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65 ILCS 5/Art. 2 Div. 2
(65 ILCS 5/Art. 2 Div. 2 heading)
DIVISION 2.
INCORPORATION OF CITIES
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65 ILCS 5/2-2-1
(65 ILCS 5/2-2-1) (from Ch. 24, par. 2-2-1)
Sec. 2-2-1.
Whenever a number of electors of a city equal to
1/8 of the electors of the city voting at
the last preceding
municipal election petition for the submission of the question whether
the city shall incorporate under this Code
to a vote of the electors in the city, the municipal clerk shall
certify this question for submission to a vote of the
electors of the city at an election in accordance with the general election
law.
(Source: P.A. 81-1489.)
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65 ILCS 5/2-2-1.1
(65 ILCS 5/2-2-1.1) (from Ch. 24, par. 2-2-1.1)
Sec. 2-2-1.1.
As used in this Division 2, "immobile dwelling" means any
dwelling place except a tent, camp trailer, house car or house trailer
whether or not such tent, camp trailer, house car or house trailer is
placed on a foundation or otherwise permanently affixed to the realty.
(Source: Laws 1963, p. 1932.)
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65 ILCS 5/2-2-3
(65 ILCS 5/2-2-3) (from Ch. 24, par. 2-2-3)
Sec. 2-2-3.
The question shall be in
substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the city of.... YES incorporate as a city under - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
the general law? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The corporate authorities shall
cause the result of the canvass to be entered on the records of the
city. If a majority of the votes cast at the election favor
incorporation as a city under the general law, the city is incorporated
under this Code. Thereupon, the city officers then in office shall
exercise the powers conferred upon like officers in this Code, until
their successors are elected and have qualified.
(Source: P.A. 81-1489 .)
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65 ILCS 5/2-2-4
(65 ILCS 5/2-2-4) (from Ch. 24, par. 2-2-4)
Sec. 2-2-4.
Any incorporated town or village having a population of not
less than 2,500 persons including 2,000 living in immobile dwellings, may
incorporate as a city in like manner as is provided in Sections 2-2-1
through 2-2-3. In all such cases, however, the President and Trustees of
the village or incorporated town, respectively, shall perform the same
duties relative to such change of organization as are required by Sections
2-2-1 through 2-2-3 to be performed by the Mayor or corporate authorities
of cities. The change of form of incorporation, if the vote is in favor
thereof, shall not take effect until city officers are elected and have
qualified as specified in Section 2-2-9. Until such time the presently
serving incorporated town or village officers shall continue to conduct the
affairs of the incorporated town or village in the usual manner.
The question whether an incorporated town or village shall incorporate
as a city under this Code shall not be presented more often than once in 4
years in such incorporated town or village.
(Source: Laws 1961, p. 1880.)
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65 ILCS 5/2-2-5
(65 ILCS 5/2-2-5) (from Ch. 24, par. 2-2-5)
Sec. 2-2-5.
Whenever any area of contiguous territory, not exceeding 4
square miles, and not already included within the corporate limits of any
municipality has residing thereon a population of not less than 2,500
persons, including 2,000 living in immobile dwellings, it may be
incorporated as a city as follows. Whenever in any county with more than
1,000,000 inhabitants any area of
contiguous territory not exceeding 4 square miles and not already included
within the corporate limits of any municipality, has residing within the
area all of the registered voters of a township who are not already
included within the corporate limits of any municipality, is wholly bounded
by a single municipality, and contains more than 1,200 residents, it may be
incorporated as follows. If such area contains fewer than 7,500
residents and lies within 1 1/2 miles of the boundary line of any existing
municipality, the consent of such existing municipality must be obtained
before such area may be incorporated.
(Source: P.A. 85-1449.)
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65 ILCS 5/2-2-6
(65 ILCS 5/2-2-6) (from Ch. 24, par. 2-2-6)
Sec. 2-2-6.
Any 200 electors residing within the area may file with the circuit
clerk of the county in which the area is situated, a petition addressed to
the circuit court. The petition shall set forth (1) a definite description
of the lands intended to be embraced in the proposed city, and a statement
that no part of the territory lies within 1 1/2 miles of the boundary line
of any existing municipality which has not consented to such incorporation,
(2) the number of inhabitants residing therein, (3) the name of the
proposed city, and (4) a prayer that a question be submitted to the
electors residing within the limits of the proposed city, whether they will
incorporate as a city under this Code. The petition need not set forth that
no part of the territory lies within 1 1/2 miles of the boundary line of
any existing municipality which has not consented to such incorporation, if
the area proposed to be incorporated has residing therein a population of
7,500 or more residents. The court within 5 days after the petition is
filed shall enter an order fixing the time for the hearing upon the
petition and the day for the hearing shall be not less than 25 nor more
than 35 days after the filing of the petition.
The petitioners shall give notice of the incorporation petition not more
than 30 nor less than 15 days before the date set for hearing. This notice
shall state that a petition for incorporation has been filed and give the
substance thereof including a description of the territory to be
incorporated, the number of persons residing within the territory, and the
date fixed for hearing. This notice shall be given by publication thereof
at least once in one or more newspapers published in the proposed city or,
if no newspaper is published therein, then in one or more newspapers with a
general circulation within the proposed city.
(Source: P.A. 78-852 .)
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65 ILCS 5/2-2-7
(65 ILCS 5/2-2-7) (from Ch. 24, par. 2-2-7)
Sec. 2-2-7.
After the filing of the petition but not less than 5 days prior to the date
fixed for hearing, any person owning real property or residing within the
territory described in the petition or any other interested person may file
with the circuit clerk his objections (1) that the territory described in
the petition is not contiguous territory, (2) that the
territory or some portion thereof is already included within another municipality,
(3) that the territory has residing therein fewer than 7,500 residents and
some portion of the territory lies within 1 1/2 miles of the boundary line
of an existing
municipality which has not consented to the incorporation, (4) that the
territory exceeds 4 square miles, (5) that the petition is not signed by
the requisite number of electors, (6) that the requisite number of persons
do not reside within the territory described in the petition, (7) that the
description of the territory contained in the petition is inaccurate or
inadequate, or (8) that the incorporation adversely affects an existing
municipality, within 1 1/2 miles of the boundaries of the territory described
in the petition, with respect to its ability to perform and render necessary
governmental services.
The cause shall be heard without further pleadings. At the hearing
the objector may be heard in person or by counsel.
With respect to objection number (8) above, the objector shall have the
burden of proving the allegations of the objection. If, upon hearing such
objection, the court determines that the allegations have been sustained,
but that the objection can be overcome by modification of the boundaries
of the territory described in the petition, such petition shall not be dismissed,
but the petitioners shall be permitted to so modify the petition before prove-up.
If petitioners fail to prove the allegation of the petition, the petition
shall be dismissed, but if the petitioners prove the
allegations of the petition to be true the court shall enter an order
making findings of fact in accordance with the proof adduced. The order
shall also designate at which election the question of
incorporation shall be submitted.
(Source: P.A. 82-783.)
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65 ILCS 5/2-2-8
(65 ILCS 5/2-2-8) (from Ch. 24, par. 2-2-8)
Sec. 2-2-8.
The proposition shall be in
substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the territory (here describe YES it) be incorporated as a city under - - - - - - - - - - - - - - - - - - -
the general law? NO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The result of the election shall be entered of record in the court.
If a majority of the votes cast at the election
favor incorporation as a city under the general law, the inhabitants of
the territory described in the petition are incorporated as a city under
this Code, with the name stated in the petition.
Appeals may be taken as in other civil cases.
(Source: P.A. 83-343 .)
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65 ILCS 5/2-2-9
(65 ILCS 5/2-2-9) (from Ch. 24, par. 2-2-9)
Sec. 2-2-9.
The election for city officers in any incorporated town or
village which has voted to incorporate as a city shall be held at the time
of the next regularly scheduled election
for officers, in accordance with the general election law. The corporate
authorities of such incorporated
town or village shall cause the result to be entered upon
the records of the city. Alderpersons
may be elected on a general ticket at the election.
(Source: P.A. 102-15, eff. 6-17-21.)
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65 ILCS 5/2-2-10
(65 ILCS 5/2-2-10) (from Ch. 24, par. 2-2-10)
Sec. 2-2-10.
Where cities are incorporated under Sections 2-2-5 through
2-2-8, the court, specified in such sections, shall cause the circuit
court clerk to perform the same duties relating thereto as are required
of the municipal clerk by the general election law.
(Source: P.A. 81-1490.)
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65 ILCS 5/2-2-11
(65 ILCS 5/2-2-11) (from Ch. 24, par. 2-2-11)
Sec. 2-2-11.
The city officers elected at the initial election under
either Section 2-2-9 or Section 2-2-10 shall hold their respective offices
for such terms as are otherwise provided in this Code and until the next
general municipal election provided therefor when their successors are
elected and have qualified.
All city officers elected after such first election shall hold their respective
offices for such terms as are otherwise provided for in this Code.
(Source: P.A. 81-1490.)
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65 ILCS 5/2-2-12
(65 ILCS 5/2-2-12) (from Ch. 24, par. 2-2-12)
Sec. 2-2-12.
Cities incorporated under this Code shall be bodies politic
and corporate under the name of "City of (name)," and under that name may
sue and be sued, contract and be contracted with, acquire and hold real and
personal property for corporate purposes, have a corporate seal, changeable
at pleasure, and exercise all the powers hereinafter conferred.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/2-2-13
(65 ILCS 5/2-2-13) (from Ch. 24, par. 2-2-13)
Sec. 2-2-13.
Any city office, in which deeds, mortgages, or other
instruments were required or authorized to be recorded by the city's
special charter in lieu of recording the instruments in the office of the
recorder in the county where the city, or a major portion thereof,
is situated, shall be discontinued whenever the city is incorporated under
this Code. The city officer, who holds this office and has custody of the
records, books, and papers of the office, shall deliver them to the
recorder of the county specified in this section, and shall take
the receipt of the recorder therefor. Thereafter, these records, books, and
papers shall be a part of the records of the recorder's office and shall
have the same legal effect as if they had been originally a part of the
records of the recorder's office. They, or certified transcripts made
therefrom, shall have the same force and effect as evidence as other
records in the recorder's office.
(Source: P.A. 83-358.)
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65 ILCS 5/2-2-14
(65 ILCS 5/2-2-14) (from Ch. 24, par. 2-2-14)
Sec. 2-2-14.
In any county of between 150,000 and 1,000,000 population which has
adopted an official plan under "An Act to provide for regional planning and
for the creation, organization and powers of regional planning
commissions", approved June 25, 1929, as amended, the county board, by
resolution, may provide that before the question of incorporating a city
under this Division is submitted to the electors in response to a petition
filed under Section 2-2-6 the county board must first determine that (1)
the proposed incorporation is compatible with the official plan for the
development of the county, and (2) the lands described in the petition as
intended to be embraced in the proposed city constitute a sufficient tax
base as will insure the ability of the city to provide all necessary
municipal services to its inhabitants. When such a resolution is in effect,
the court in which such a petition is filed shall first require a showing
that those determinations have been made by the county board. If no such
showing is made the court shall deny the petition. If such a showing is
made, the court shall proceed as provided in Section 2-2-6.
(Source: P.A. 76-676 .)
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