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| Public Act 093-1007 |
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AN ACT concerning municipalities.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 5-2-12 and by adding Section 7-3-6.2 as | ||||
follows:
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(65 ILCS 5/5-2-12) (from Ch. 24, par. 5-2-12)
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Sec. 5-2-12. Aldermen or trustees elected at large; | ||||
vacancies;
mayor or president to preside.
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(a) If a city or village adopts the managerial
form of | ||||
municipal
government but does not elect to choose aldermen or | ||||
trustees from wards
or districts, then the following provisions | ||||
of this Section shall be
applicable.
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(b) The city council shall be elected at large. In cities | ||||
of less than
50,000
population, the council shall consist of | ||||
(i) the mayor and 4 councilmen or (ii) the mayor and 6 | ||||
councilmen if the size of the city council is increased under | ||||
subsection (k). In
cities
of at least 50,000 but less than | ||||
100,000 population,
the council shall consist of
the mayor and | ||||
6 councilmen. In cities of at least 100,000 but not more than | ||||
500,000
population, the council shall consist of the mayor and | ||||
8 councilmen.
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(c) Except in villages that were governed by Article 4
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immediately before
the adoption of the managerial form of | ||||
municipal government, the village
board shall be elected at | ||||
large and shall consist of a president and the number
of | ||||
trustees provided for in Section 5-2-15 or 5-2-17,
whichever is | ||||
applicable.
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(d) The term of office of the mayor and councilmen shall be | ||||
4 years, provided
that in cities of less than 50,000, the 2 | ||||
councilmen receiving the lowest
vote at the first election | ||||
shall serve for 2 years only; in cities of at
least 50,000 but | ||||
less than 100,000, the 3 councilmen receiving the lowest vote | ||
at the
first election shall serve for 2 years only; and in | ||
cities of at least
100,000 but
not more than 500,000, the 4 | ||
councilmen receiving the lowest vote at the
first election | ||
shall serve for 2 years only.
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(e) The election of councilmen shall be every 2 years. | ||
After the first election,
only 2 councilmen in cities of less | ||
than
50,000, 3 councilmen in cities
of at least 50,000 but less | ||
than 100,000, or 4
councilmen in cities of at least 100,000 but
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not more than 500,000, shall be voted for by each elector at | ||
the primary
elections, and only 2, 3, or 4 councilmen, as the | ||
case may be, shall be voted
for by each elector at each | ||
biennial general municipal election,
to serve for 4 years.
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(f) In addition to the requirements of the general election | ||
law, the ballots
shall be in the form set out in Section | ||
5-2-13. In cities with less than
50,000, the form of ballot | ||
prescribed in Section 5-2-13 shall be further
modified by | ||
printing in the place relating to councilmen the words "Vote
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for Two", or "Vote for Three" if the size of the city council | ||
is increased under subsection (k), instead of the words "Vote | ||
for Four". In cities of
at least 50,000 but
less than 100,000, | ||
the ballot shall be modified in that place by printing
the | ||
words "Vote for Three" instead of the words "Vote for Four". | ||
Sections 4-3-5 through 4-3-18, insofar as they may be | ||
applicable, shall
govern the election of a mayor and councilmen | ||
under this Section.
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(g) If a vacancy occurs in the office of mayor or | ||
councilman, the remaining
members of the council, within 60 | ||
days after the
vacancy occurs, shall fill the vacancy by | ||
appointment of some person to
the office for
the balance of the | ||
unexpired term or until the vacancy is filled by interim
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election under Section 3.1-10-50, and
until the successor is | ||
elected and
has qualified.
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(h) Except in villages that were governed by Article 4
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immediately before
the adoption of the managerial form of | ||
municipal government, in villages
that have adopted this | ||
Article 5 the term of office of the
president, the
number of | ||
trustees to be elected, their terms of office, and the manner | ||
of
filling vacancies shall be governed by Sections
5-2-14 | ||
through 5-2-17.
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(i) Any village that adopts the managerial form of
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municipal government under
this Article 5 and that, immediately | ||
before that
adoption, was governed by the
provisions of Article | ||
4, shall continue to elect a mayor and
4 commissioners in | ||
accordance with Sections 4-3-5 through
4-3-18, insofar as they | ||
may be applicable, except that the 2 commissioners
receiving | ||
the lowest vote among those elected at the first election after
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this Article 5 becomes effective in the village shall serve for | ||
2
years
only. After that first election, the election of
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commissioners shall be every 2 years, and
2 commissioners shall | ||
be elected at each election to serve for 4
years. | ||
(j) The mayor or president shall preside at all meetings of | ||
the council
or
board and on all ceremonial occasions. | ||
(k) In cities of less than 50,000 population, the city | ||
council may, by ordinance, provide that the city council shall, | ||
after the next biennial general municipal election, consist of | ||
6 instead of 4 councilmen. If the size of the council is | ||
increased to 6 councilmen, then at the next biennial general | ||
municipal election, the electors shall vote for 4 instead of 2 | ||
councilmen. Of the 4 councilmen elected at that next election, | ||
the one receiving the lowest
vote at that election shall serve | ||
a 2-year term. Thereafter, all terms shall be for 4 years.
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(Source: P.A. 87-1119.)
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(65 ILCS 5/7-3-6.2 new) | ||
Sec. 7-3-6.2. Split lots. Notwithstanding any other | ||
provision of this Code, the owner or owners of record of a | ||
split residential lot may disconnect a portion of the lot which | ||
(i) is a residentially zoned and platted lot currently lying | ||
partially within the corporate limits of and governed by 2 or | ||
more municipalities or lying within the unincorporated area of | ||
a county and also within the corporate limits of one or more | ||
municipalities, and contains less than 20 acres; (ii) is | ||
located on the border of the municipality; and (iii) if | ||
disconnected, will not result in the isolation of any part of | ||
the municipality from the remainder of the municipality. The | ||
owner or owners seeking to disconnect a portion of a split lot | ||
from a municipality must petition the court in the manner | ||
provided in Section 7-3-6 of this Code. In determining whether | ||
a lot shall be disconnected under this Section, the court may | ||
consider the following: (i) if disconnected, the growth | ||
prospects and planning and zoning ordinances, if any, of the | ||
municipality will not be unreasonably disrupted; (ii) if | ||
disconnected, no substantial disruption will result to | ||
existing municipal service facilities, such as, but not limited | ||
to, sewer systems, street lighting, water mains, garbage | ||
collection, and fire protection; and (iii) if disconnected, the | ||
municipality will not be unduly harmed through loss of tax | ||
revenue in the future. | ||
An area of land, or any part thereof, disconnected under | ||
the provisions of this Section from a municipality which was | ||
incorporated at least 2 years prior to the date of the filing | ||
of the petition for disconnection shall not be subdivided into | ||
lots or blocks within one year from the date of disconnection. | ||
A plat of any such proposed subdivision shall not be accepted | ||
for recording within such one-year period, unless the land | ||
comprising such proposed subdivision shall have been | ||
thereafter annexed into a municipality.
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