(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 permanently affixed to the realty, and except a house trailer, unless such house trailer is situated on a permanent foundation and is assessed as real property pursuant to the Property Tax Code. (Source: P.A. 88‑670, eff. 12‑2‑94.) |
(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.) |
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(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 | ||
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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
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