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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 2 Div. 1
(65 ILCS 5/Art. 2 Div. 1 heading)
DIVISION 1.
GENERAL PROVISIONS
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65 ILCS 5/2-1-1
(65 ILCS 5/2-1-1) (from Ch. 24, par. 2-1-1)
Sec. 2-1-1.
All courts shall take judicial notice of the existence of all
cities and villages incorporated under this Code, of the changes made in
their territory, and of the change of incorporation of any municipality
from its former incorporation to its incorporation under this Code. From
the time of incorporation, or change of incorporation under this Code, this
Code shall apply to such cities and villages. Laws in conflict with this
Code shall no longer apply to such cities and villages. But laws not
inconsistent with the provisions of this Code shall continue in force and
apply to any such city or village, the same as if the incorporation or
change of incorporation has not taken place.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/2-1-2
(65 ILCS 5/2-1-2) (from Ch. 24, par. 2-1-2)
Sec. 2-1-2.
No municipality shall incorporate under any other general law
which may be in force for the incorporation of municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/2-1-3
(65 ILCS 5/2-1-3) (from Ch. 24, par. 2-1-3)
Sec. 2-1-3.
All ordinances, resolutions, and by-laws in force in any
municipality when it incorporates under this Code, shall continue in full
force and effect until repealed or amended, notwithstanding the change in
corporate organization. Change in corporate organization shall not effect a
change in the legal identity, as a corporation, of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/2-1-4
(65 ILCS 5/2-1-4) (from Ch. 24, par. 2-1-4)
Sec. 2-1-4.
All rights and property of every kind and description, which
were vested in any municipality, shall vest in the same city or village
upon its incorporation under this Code. No change in corporate organization
shall affect adversely any existing rights in favor of or liabilities against
any municipality. No suit or prosecution of any kind that involves any municipality
shall be affected by any change in corporate organization of the municipality,
but the suit or prosecution shall stand and progress as if no change in
corporate organization had been made. However, when a change in corporate
organization of any municipality makes applicable a provision in this Code
that gives a different remedy, the remedy shall be cumulative to the remedies
before provided.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/2-1-5
(65 ILCS 5/2-1-5) (from Ch. 24, par. 2-1-5)
Sec. 2-1-5.
The chief executive officer of any city or village which has
incorporated under this Code, within 3 months after incorporation, shall
file with the recorder of the county specified in Section 2-2-6, a
certified copy of the record of the court, or of the city or village, in
the matter of the organization, showing the canvass of the votes and the
result of the election, whereby the city or village was incorporated. The
recorder shall record this certified copy. Thereupon the recorder shall
immediately transmit the certified copy to the Secretary of
State together with his certificate of recordation. If it appears from the
recitals in the documents that this Code has been duly complied with, the
Secretary of State shall file the documents and issue his certificate of
approval over his signature and the great seal of State. The Secretary of
State shall make and keep a register of cities and villages incorporated
under this Code. He shall also keep all registers of municipalities made
under any previous statute.
(Source: P.A. 83-358.)
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65 ILCS 5/2-1-6
(65 ILCS 5/2-1-6) (from Ch. 24, par. 2-1-6)
Sec. 2-1-6.
Any existing municipality which, more than 75 years prior to
July 1, 1955, changed its corporate organization under the provisions of
"An Act to provide for the incorporation of cities and villages", approved
April 10, 1872, but no certified copy of the entry made on the records of
such municipality or county court of the canvass of the votes showing the
result of the election to change its corporate organization was filed with
the Secretary of State as provided in said Act of 1872 and the records of
such entry have been lost or destroyed, such municipality by its chief
executive officer may file with the Secretary of State and the County
Recorder such secondary evidence of the holding and result of such election
as may be available. Thereupon the Secretary of State shall issue a
certificate of approval provided for in Section 2-1-5 and such municipality
shall be considered for all purposes to have been duly incorporated as a
city or village, as the case may be, since the date of such election.
(Source: Laws 1961, p. 576.)
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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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