2023 Illinois Compiled Statutes › Chapter 65 - MUNICIPALITIES › 65 ILCS 5/ - Illinois Municipal Code. › Article 2 - Organization Of Municipalities

(65 ILCS 5/Art. 2 heading)
ARTICLE 2
ORGANIZATION OF MUNICIPALITIES
(65 ILCS 5/Art. 2 Div. 1 heading)
DIVISION 1.  
		GENERAL PROVISIONS
(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.)
(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.)
(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force and effect until repealed or amended, notwithstanding the change in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.)
(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.)
(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.)
(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.)
(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.)
(65 ILCS 5/Art. 2 Div. 2 heading)
DIVISION 2.  
		INCORPORATION OF CITIES
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(65 ILCS 5/2-2-15) (from Ch. 24, par. 2-2-15)
Sec. 2-2-15. 
		
		Each boundary of the municipality shall extend to the far side of any
adjacent highway not included in any other municipality
and shall include all of every highway within the area incorporated.  These
highways shall be considered to be incorporated even though not included in
the legal description set forth in the petition for incorporation.  When
any land proposed to be incorporated includes any highway under the
jurisdiction of any township, the township commissioner of highways and
the board of town trustees shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
incorporation. If any municipality has been incorporated before
January 1, 1986 and the legal description in the petition for incorporation did not
include an adjacent highway, any such incorporation shall be valid and every
highway adjacent to the area incorporated and not included in any other
municipality shall be considered to be incorporated,
notwithstanding the failure of the petition to incorporate to include the
description of the adjacent highway.
(Source: P.A. 84-898.)
(65 ILCS 5/Art. 2 Div. 3 heading)
DIVISION 3.  
		INCORPORATION OF VILLAGES
(65 ILCS 5/2-3-1) (from Ch. 24, par. 2-3-1)
Sec. 2-3-1. 
		
		Whenever 30 electors in any incorporated town petition
the corporate authorities of the town to submit a question whether the
town will incorporate as a village under this Code, to the decision of
the electors thereof, the question shall be certified and submitted for
the electors of the town and shall be conducted in the manner prescribed
by the general election law.
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-1.1) (from Ch. 24, par. 2-3-1.1)
Sec. 2-3-1.1. 
As used in this Division 3, "immobile dwelling" means any
dwelling place except a tent, camp trailer or house car whether or not such
tent, camp trailer or house car is placed on a foundation or otherwise
 affixed to the realty, and except a house trailer, unless such
house trailer is situated on a support system and is assessed as real
property pursuant to the Property Tax Code.
(Source: P.A. 96-1477, eff. 1-1-11.)
(65 ILCS 5/2-3-2) (from Ch. 24, par. 2-3-2)
Sec. 2-3-2. 
		
		The question shall be in substantially the
following form:
--------------------------------------------------------------
Shall the incorporated town of         YES
.... incorporate as a village under    -----------------------
the general law?
NO
--------------------------------------------------------------
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-3) (from Ch. 24, par. 2-3-3)
Sec. 2-3-3. 
		
		The corporate authorities shall cause a statement of the result
of the referendum to be entered upon the records of the town.
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-4) (from Ch. 24, par. 2-3-4)
Sec. 2-3-4. 
		
		If a majority of the votes cast on such question favor
incorporation as a village under the general law, such town is
incorporated as a village under this Code. The town officers then in
office shall continue as like officers of the village until their
respective successors are elected or appointed under this Code.
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-5) (from Ch. 24, par. 2-3-5)
Sec. 2-3-5. Incorporation of village; petition. Whenever in any county of less than 150,000 population as
determined by the last preceding federal census, any area of contiguous
territory, not exceeding 2 square miles, not already included within the
corporate limits of any municipality, has residing thereon at least 200
inhabitants living in dwellings other than those designed to be mobile, and
is owned by at least 30 different owners, it may be incorporated as a village
as follows:
35 electors residing within the area may file with the circuit clerk of
the county in which such area is situated a petition addressed to the
circuit court for that county.
The petition shall set forth (1) a definite description of the lands
intended to be embraced in the proposed village, (2) the number of
inhabitants residing therein, (3) the name of the proposed village, and (4)
a prayer that a question be submitted to the electors residing within the
limits of the proposed village whether they will incorporate as a village
under this Code.
If the 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 the
existing municipality must be obtained before the area may be incorporated.
No area in a county with a population of 150,000 or more that is
incorporating under the provisions of this Section shall need to obtain the
consent of any existing municipality before the area may be incorporated.
In addition, any contiguous territory in a county of 150,000 or more
population which otherwise meets the requirements of this Section may be
incorporated as a village pursuant to the provisions of this Section if (1)
any part of such territory is situated within
10 miles of a county
with a
population less than 150,000 and a petition is filed pursuant to
this
Section before January 1,
1991 or (2) any part of the territory is situated
within 25 miles of the Illinois state line in a county having a
population,
according to the 1990 federal decennial census, of at least 150,000 but less
than 185,000 and a petition is filed pursuant to
this Section before January 1, 1998.
In addition, contiguous territory not exceeding 2 square miles in a county
with a population of not less than 187,000 and not more than 190,000 that
otherwise meets the requirements of
this Section may be incorporated as a village pursuant to the provisions of
this Section if (1) any part of the territory is situated within 13 miles of a
county with a population of less than 38,000 and more than 36,000 and (2) a petition is filed in
the manner provided in this Section before January 1, 2005.  The
requirements
of Section 2-3-18 concerning compatibility with the official plan for
development of the county shall not
apply
to any territory seeking incorporation under this paragraph.
In addition, contiguous territory not exceeding 0.7 square miles having not less than 1,400 and not more than 1,600 inhabitants, as determined by the 2000 federal decennial census, living in dwellings other than those designed to be mobile, located in a county of not less than 600,000 and not more than 650,000 inhabitants, as determined by the 2000 federal decennial census, that otherwise meets the requirements of this Section  may be incorporated as a village pursuant to the provisions of this Section if the territory includes a contiguous body  of water of not less than 30 acres    and not more than 45 acres. The petition to the court required by this Section shall in the case of the area described in this paragraph also include a comprehensive plan that specifically details the services that the newly incorporated municipality shall provide and the estimated initial annual cost of those services. If the area is incorporated following referendum approval, then the newly incorporated municipality must directly provide or contract for 24-hours-per-day, 7-days-per-week law enforcement services. The consent of a municipality need not be obtained before the territory may be incorporated. The requirements of Section 2-3-18 concerning compatibility with the official plan for development of the county shall not apply to any territory seeking incorporation under this paragraph.
(Source: P.A. 96-973, eff. 7-2-10.)
(65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
Sec. 2-3-5a. Incorporation of village.
(a) Whenever in any county of 150,000 or more population as determined by
the last preceding federal census any area of contiguous territory contains
at least 4 square miles and 2500 inhabitants residing in permanent
dwellings, that area may be incorporated as a village if a petition filed
by 250 electors residing within that area is filed with the circuit clerk
of the county in which such area is located addressed to the circuit court
for that county.  The petition must set forth:
(1) a legal description of the area intended to be     included in the proposed village,
(2) the number of residents in that area,
(3) the name of the proposed village, and
(4) a prayer that the question of the incorporation     of the area as a village be submitted to the electors residing within the limits of the proposed village.
If the area contains fewer than 7,500 residents and lies within 1 1/2 miles
of the limits of any existing municipality, the consent of that municipality
must be obtained before the area may be incorporated.
(b) If, in a county having more than 240,000 but fewer than
400,000
inhabitants as determined by the last preceding federal census, an area of
contiguous territory contains at least 3 square miles and 5,000
inhabitants
residing in permanent dwellings, that area may be incorporated as a village in
the same manner as is provided in subsection (a).  The consent of a
municipality need not be obtained.
(c) If, in a county having more than 316,000 but fewer than 318,000
inhabitants as determined by the last preceding federal census, an area of
contiguous territory that does not exceed one square mile and between 1000 and
1500 inhabitants residing in permanent dwellings, and is located within 10
miles of a county with a population of less than 150,000 as determined by the
last preceding federal census, that area may be incorporated as a village in
the same manner as is provided in subsection (a). The consent of a municipality
need not be obtained.
(d) If, in a county having more than 400,000 but fewer than 410,000 inhabitants, as determined by the last preceding federal census, an area of contiguous territory not exceeding one square mile contains at least 400 inhabitants residing in permanent dwellings and is located in a township adjacent to a county of less than 150,000 inhabitants, as determined by the last preceding federal census, then that area and the area adjacent thereto and also within such township, not exceeding, however, 4 square miles in total, may be incorporated as a village in the same manner as provided in subsection (a). Neither the consent of a municipality nor the finding of the county board under Section 2-3-18, if otherwise applicable, need be obtained.
(Source: P.A. 94-23, eff. 6-14-05.)
(65 ILCS 5/2-3-6) (from Ch. 24, par. 2-3-6)
Sec. 2-3-6. 
		
		Upon the filing of such a petition with the circuit
clerk, the court shall hear testimony and rule that the area under
consideration is or is not a village in fact. The ruling of the court
shall be entered of record in the court. If
the court rules that
the area does not constitute a village in fact, the petition to
incorporate the area as a village is denied and no subsequent petition
concerning village incorporation of any of the land described in the
earlier petition may be filed within one year. If the court rules that
the area does constitute a village in fact, such court shall enter an order
so finding and the proposition shall be certified and submitted to the electors
of such area in the manner provided by the general election law. The proposition
shall be in substantially the following form:
--------------------------------------------------------------
Shall the territory (here          YES
describe it) be incorporated as    ---------------------------
a village 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 village under the general law the inhabitants of the
territory described in the petition are incorporated as a village under
this Code with the name stated in the petition.
(Source: P.A. 83-343.)
(65 ILCS 5/2-3-7) (from Ch. 24, par. 2-3-7)
Sec. 2-3-7. 
		
		Thereupon the court shall order the election
of village officers at the general municipal election
in accordance with the general election law and for that initial election
of officers, the clerk of the circuit court shall perform all election duties
of the municipal clerk as provided by law. The term of office of the village
officers elected at the
next general municipal election shall terminate as soon as their
successors are elected at the next regular election and have qualified.
(Source: P.A. 81-1490.)
(65 ILCS 5/2-3-8) (from Ch. 24, par. 2-3-8)
Sec. 2-3-8. 
		
		Villages incorporated under this Code shall be bodies politic
and corporate under the name of "Village 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 conferred in this Code
upon cities not exceeding 5,000 inhabitants, except as otherwise expressly
provided in this Code.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-3-9) (from Ch. 24, par. 2-3-9)
Sec. 2-3-9. 
		
		Upon the filing of a petition signed by one-fourth of the
registered voters of any city, the city clerk shall certify, in the manner
provided by the general election law the question of whether the city shall
incorporate as a village, to the proper election authorities who shall submit
the question at an election in accordance with the general election law.
After one referendum
for the purpose has taken place, no other referendum for the same purpose
shall be held until ten months has elapsed.
The question shall be substantially in the following form:
--------------------------------------------------------------
Shall the city of....               YES
incorporate as a village    ----------------------------------
under the general law?              NO
--------------------------------------------------------------
If a majority of the votes cast on the question
are in favor of the incorporation of the city into a village, then the city
shall be a village under this Code. It shall retain its name as the Village
of.... and shall succeed to all rights and be liable for all debts and liabilities
of the city.
The officers of the former city, shall hold their offices until the next
general municipal election, at which village officers are elected and until
their successors have qualified.
(Source: P.A. 81-1490.)
(65 ILCS 5/2-3-10) (from Ch. 24, par. 2-3-10)
Sec. 2-3-10. 
		
		Any part of any village or incorporated town, lying upon the
border thereof, and having not less than 500 inhabitants living in immobile
dwellings other than those designed to be mobile, may incorporate as a
village under this Code if the territory remaining in the original village
or incorporated town shall not be less than 4 square miles, and shall have
not less than 500 inhabitants living in dwellings other than those designed
to be mobile. Such village may incorporate as follows:
A petition shall be presented to the circuit court for the county
wherein the village or incorporated town is situated, asking that the
question of incorporating a part of the village or incorporated town into a
new village under this Code be submitted to the electors of the village or
incorporated town.
The petition shall set forth (1) a definite description of the lands
intended to be embraced in the proposed village, (2) the number of
inhabitants residing therein, and (3) the name of the proposed village. The
petition shall be signed by not less than 50 electors residing in the
described territory. But if more than 500 votes were cast by electors
residing in the described territory at the last preceding election, the
petition shall be signed by electors residing in the described territory,
in a number equal to one-tenth of the number of votes cast in the described
territory at the last preceding general or municipal election.
(Source: Laws 1967, p. 3740.)
(65 ILCS 5/2-3-11) (from Ch. 24, par. 2-3-11)
Sec. 2-3-11. 
		
		Upon the presentation of such petition, the court, in accordance
with the general election law, shall consider the petition and enter
appropriate orders for certification and submission. The question
of incorporating the territory described in the petition into a village
under this Code may be submitted at any regular election.
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-12) (from Ch. 24, par. 2-3-12)
Sec. 2-3-12. 
		
		Two or more petitions, each for wholly different territory,
may be acted upon. The questions proposed in these petitions may be
submitted to vote at the same election. In this event, the vote on each
question submitted shall be counted and given effect as if it were the only
question voted upon.
If 2 or more petitions are presented embracing in part the same
territory, the one first presented shall be submitted alone to a vote. If
the one first presented is carried, the other petitions shall not be
submitted. If the one first presented is voted down, the petition next
presented shall be submitted, and so on, until one has been carried, or all
have been voted down.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-3-13) (from Ch. 24, par. 2-3-13)
Sec. 2-3-13. 
		
		Whenever the territory affected by the election ordered under
Sections 2-3-10 and 2-3-11 is under the City Election Law, and within
the jurisdiction of a board of election commissioners, the election
ordered by the court and all municipal, county, State, or general
elections held in the territory prior to the qualifications of the
village officials of the new village that may be incorporated under
Sections 2-3-10 and 2-3-11, shall be conducted by the board of election
commissioners in conformity with the provisions of the City Election Law
as heretofore and hereafter amended.
Whenever such territory is not within the jurisdiction of such board
of election commissioners, the elections specified in the preceding
paragraph of this section shall be conducted in the manner provided by
law for the conducting of municipal elections in territory not within
the City Election Law as heretofore and hereafter amended. The proposition shall be
substantially in the following form:
--------------------------------------------------------------
Shall the part of the village
(or incorporated town) of                  YES
.... lying (describe its location)    ------------------------
be incorporated as a village               NO
under the general law?
--------------------------------------------------------------
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-14) (from Ch. 24, par. 2-3-14)
Sec. 2-3-14. 
		
		No election on the same question concerning territory
within the same boundaries, shall be had, after one election thereon,
until 10 months have elapsed.
(Source: P.A. 81-1489.)
(65 ILCS 5/2-3-15) (from Ch. 24, par. 2-3-15)
Sec. 2-3-15. 
		
		If a majority of the electors in such village or incorporated
town, as well as a majority of the electors residing in the territory
proposed to be incorporated as a new village, voting upon the question,
vote in favor of the incorporation of a part of the village or incorporated
town as a village under the general law, the territory is a new village
with the name specified in the petition.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-3-16) (from Ch. 24, par. 2-3-16)
Sec. 2-3-16. 
		
		
		Upon the creation of a new village as specified in Sections 2-3-10
through 2-3-15 village officers shall be elected in the manner prescribed
in Section 2-3-7. Until such officers are elected and have qualified, the
officers of the original village or incorporated town shall have
jurisdiction over the new village.
Upon the election and qualification of the officers of the new village,
the terms of all officers of the original village or incorporated town held
by residents of the new village, who continue to reside in the new village,
shall be terminated, and these latter officers shall cease to act when
their successors have been elected, or appointed, and have qualified.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-3-17) (from Ch. 24, par. 2-3-17)
Sec. 2-3-17. 
		
		In the application of Section 2-3-10 through 2-3-16, Sections
7-1-31 through 7-1-41, Section 7-1-43 and Section 7-1-44 shall govern in
all matters affecting the interests, status, properties, division,
distribution, and settlement of the matters mentioned in these latter
sections, so far as these latter sections are applicable and are not in
conflict with the provisions of this Division 3. In applying these latter
sections, the new village shall be considered as an annexing or enlarged
annexing municipality, or as annexed territory, as the case may be, and the
old municipality from which the new village is formed shall be considered
as a divided municipality, or as a municipality from which territory has
been disconnected for annexation, as the case may be.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-3-18) (from Ch. 24, par. 2-3-18)
Sec. 2-3-18. 
		
		
		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 village
under this Division is submitted to the electors in response to a petition
filed under Section 2-3-5 or 2-3-10 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 village constitute a sufficient
tax base as will insure the ability of the village 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 2-3-6 or 2-3-11, as
the case may be.
(Source: P.A. 76-676.)
(65 ILCS 5/2-3-19) (from Ch. 24, par. 2-3-19)
Sec. 2-3-19. 
		
		Each boundary of the municipality shall extend to the far
side of any adjacent highway not included in any other municipality
and shall include all of every highway within the area incorporated.  These
highways shall be considered to be incorporated even though not included in
the legal description set forth in the petition for incorporation.  When
any land proposed to be incorporated includes any highway under the
jurisdiction of any township, the township commissioner of highways and
the board of town trustees shall be notified in writing by certified or
registered mail before any court hearing or other action is taken for
incorporation. If any municipality has been incorporated before January 1,
1986 and the legal description in the petition for incorporation did not
include an adjacent highway, any such incorporation shall be valid and every
highway adjacent to the area incorporated and not included in any other
municipality shall be considered to be incorporated,
notwithstanding the failure of the petition to incorporate to include the
description of the adjacent highway.
(Source: P.A. 85-293.)
(65 ILCS 5/Art. 2 Div. 4 heading)
DIVISION 4.  
		CHANGING NAME
(65 ILCS 5/2-4-1) (from Ch. 24, par. 2-4-1)
Sec. 2-4-1. 
		
		Whenever a petition, signed by electors of any municipality,
numbering at least one-half of those who voted for the officers therein at
the last election, is presented to the corporate authorities of any
municipality wherein the petitioners reside, requesting that the name of
the municipality be changed, the corporate authorities shall proceed as
follows.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-2) (from Ch. 24, par. 2-4-2)
Sec. 2-4-2. 
		
		Before action is had upon such petition, the name proposed to
be given to such municipality shall be filed with the Secretary of State.
After the proposed name has been on file for 60 days and 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. Corporate authorities shall not act upon such
petition until the Secretary of State has issued such certificate.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-3) (from Ch. 24, par. 2-4-3)
Sec. 2-4-3. 
		
		The Secretary of State shall keep in his office a file in
alphabetical order of the municipalities in Illinois. This file of names
shall be changed to accord with any change of names made under this Code.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-4) (from Ch. 24, par. 2-4-4)
Sec. 2-4-4. 
		
		The corporate authorities shall fix the time when such petition
shall be considered, and publish a notice thereof at least once, not more
than 30 nor less than 15 days before the hearing, in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by posting a notice
in 3 prominent places within the municipality. The notice shall state that
a change of the name of the municipality has been requested, the time when
action on the petition will be taken, and that remonstrances, if any, will
be heard at that time.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-5) (from Ch. 24, par. 2-4-5)
Sec. 2-4-5. 
		
		Such corporate authorities shall hold a hearing on such
petition and all remonstrances thereto, at the time fixed in such notice,
or at any subsequent meeting of the corporate authorities if, for any
reason, action on the petition is not taken at the time fixed. If the
corporate authorities are satisfied that a change of name is desirable,
they shall make an order changing the name and adopting the name requested
in the petition.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-6) (from Ch. 24, par. 2-4-6)
Sec. 2-4-6. 
		
		If a change of name is made, the corporate authorities shall
file a copy of the order making the change with the Secretary of State.
The Secretary of State
shall publish a notice of the change at least once in one or more
newspapers published in the municipality, or, if no newspaper is published
therein, then in one or more newspapers with a general circulation within
the municipality. In municipalities with less than 500 population in which
no newspaper is published, publication may instead be made by posting a
notice in 3 prominent places within the municipality. The courts shall take
judicial notice of the change of name.
(Source: P.A. 90-372, eff. 7-1-98.)
(65 ILCS 5/2-4-7) (from Ch. 24, par. 2-4-7)
Sec. 2-4-7. 
		
		No rights, duties, or privileges of such municipality, or those
of any person, existing before the change of name, shall be affected by a
change of name as provided by this Code. All proceedings pending in any
court in favor of or against such municipality, may continue to final
consummation under the name in which they were commenced.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-8) (from Ch. 24, par. 2-4-8)
Sec. 2-4-8. 
		
		If the name of any municipality is changed without complying
with this Code, nevertheless, all proceedings instituted or acts done under
the name as changed shall be valid if they would have been valid if done
under the old name.
(Source: Laws 1961, p. 576.)
(65 ILCS 5/2-4-9) (from Ch. 24, par. 2-4-9)
Sec. 2-4-9. 
		
		Upon petition of a majority of the electors residing within any
unincorporated town or unincorporated village, the circuit court of the
county within which such town or village is situated, at any regular term,
may change the name of such town or village after, (1) the plat of such
town or village has been filed with the recorder in the specified
county, and (2) there has been a compliance with the provisions of Section
2-4-2.
(Source: P.A. 83-358.)