(65 ILCS 5/5‑1‑1)(from Ch. 24, par. 5‑1‑1) Sec. 5‑1‑1. All cities and villages with less than 500,000 inhabitants, which are treated as properly incorporated, or which hereafter are incorporated under this Code, in addition to all the rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers and authority conferred in this Article 5, by proceeding as provided in Section 5‑1‑4. For convenience this Article 5 is designated "The Managerial Form of Municipal Government". (Source: Laws 1963, p. 857.)
(65 ILCS 5/5‑1‑2)(from Ch. 24, par. 5‑1‑2) Sec. 5‑1‑2. Upon this Article 5 becoming effective in any city or village, that city or village and its officers shall be vested with all the rights, privileges, powers and immunities conferred by Article 3 or 4, as the case may be, in force at the time such city or village adopted this Article 5, including the procedures for elections therein described, the officers therein named and the duties and liabilities therein set forth, except as modified by this Article 5. After this Article 5 becomes effective in any city or village which was operating under Article 4 at the time of adoption of this Article 5, the provisions of Section 4‑5‑13 relating to filing certain ordinances for public inspection shall no longer apply in such city or village. (Source: Laws 1967, p. 2332.)
(65 ILCS 5/5‑1‑3)(from Ch. 24, par. 5‑1‑3) Sec. 5‑1‑3. The rights, privileges, powers and immunities contained in Articles 3 and 4 which are applicable to cities and villages operating under this Article 5, as provided in Section 5‑1‑2, are modified by the provisions of this Article 5 found in Sections 5‑1‑2, 5‑2‑3, 5‑2‑12 and 5‑2‑19. However, if any modifications appear in any other section of this Article 5, this section shall not operate to restrict or render void such modification because the sections containing such modifications are omitted from the listing of sections in this Section 5‑1‑3. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑4)(from Ch. 24, par. 5‑1‑4) Sec. 5‑1‑4. Procedure for adopting managerial form of government. (a) Cities and villages described in Section 5‑1‑1, in order to vest themselves with the managerial form of municipal government, shall act in accordance with the procedure provided in Sections 5‑1‑4 through 5‑1‑11 unless modified elsewhere in this Article 5. In cities that are operating under Section 3.1‑20‑10 and villages operating under Section 3.1‑25‑75 at the time of the adoption of this Article 5, the forms of petition and ballot prescribed in Sections 5‑1‑5 and 5‑1‑7 may at the option of the petitioners be modified to contain the following additional proposition: Shall (name of city or village), if it adopts the
managerial form of municipal government, continue to elect aldermen (or trustees) from wards (or districts)?
(b) In any city operating under Section 3.1‑20‑10 at the time of adoption of this Article 5, at the option of the petitioners and in addition to the optional proposition provided for in subsection (a), the forms of petition and ballot prescribed in Sections 5‑1‑6 and 5‑1‑8 may be further modified to contain the following additional proposition: Shall only one alderman hereafter be elected from
each ward if (name of city) adopts the managerial form of municipal government and also elects to continue the aldermanic organization for the city council?
(c) If 2 or more forms of petition allowed under this Section are presented to the chief judge of the circuit court or any judge of that circuit designated by the chief judge, the judge shall cause only the question or questions contained in the first petition so presented to be submitted to referendum, if he or she finds that the petition is in proper form and legally sufficient. (d) If a majority of the electors voting on the proposition vote to adopt the managerial form of municipal government, then this Article 5 shall become effective in the city or village upon the date of the next general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, however, shall not be deemed to begin until a manager is appointed. (e) The city council or board of trustees of a city or village that adopts the provisions of this Article 5 under this Section may, if it so desires, by the adoption of an ordinance immediately after the adoption of this Article 5 has been proclaimed, appoint a city or village manager and reorganize the administration of the municipality in conformance with this Article 5. This Article 5, except as to the membership of the council in cities or villages in which representation by wards or districts has not been retained, shall be in effect upon the proclamation of the results of the adopting referendum. (Source: P.A. 87‑1119.)
(65 ILCS 5/5‑1‑5)(from Ch. 24, par. 5‑1‑5) Sec. 5‑1‑5. Electors of any city or village specified in Section 5‑1‑1, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the Chief Judge of the Circuit Court, or any judge of that Circuit designated by the Chief Judge, in which that city or village specified in Section 5‑1‑1 is located to cause to be submitted to a vote of the electors of that city or village specified in Section 5‑1‑1 the proposition whether this Article 5 shall be adopted. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. If such petition is found sufficient the court shall enter an order to submit that proposition at an election. However, the referendum on the proposition shall not be held on the date of the general primary election for the municipality. The clerk of the circuit court shall certify the court's order and the proposition for submission. A proposal to adopt this Article 5 may also be initiated and submitted to the voters in the same manner as is provided in this Section by the adoption of an ordinance by the corporate authorities. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑6)(from Ch. 24, par. 5‑1‑6) Sec. 5‑1‑6. The petition provided in Section 5‑1‑5 shall be substantially in the following form: To the Circuit Court of the county of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the managerial form of municipal government?
Name.
address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑8)(from Ch. 24, par. 5‑1‑8) Sec. 5‑1‑8. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) YES of.... adopt the managerial ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ form of municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote yes, this Article 5 is adopted in that city or village. Thereupon, the mayor or president shall immediately issue a proclamation declaring this article in force. Thenceforth this Article 5 shall be in effect in that city or village. However, the operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, shall not be deemed to begin until a manager is appointed. If a majority of the electors voting upon this proposition vote no, the proposition shall not be submitted again in that city or village for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑9)(from Ch. 24, par. 5‑1‑9) Sec. 5‑1‑9. A certified copy of the canvass of the votes on the proposition specified in Section 5‑1‑5, made by the proper officers of the election, shall be transmitted to the city or village clerk, and to the clerk of the court, and by each transcribed upon the records of his office. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑10)(from Ch. 24, par. 5‑1‑10) Sec. 5‑1‑10. If the managerial form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (1) the Secretary of State, (2) the clerk of the court, and (3) the county recorder. These officers shall file this certificate in their respective offices and transcribe it upon the records thereof. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑11)(from Ch. 24, par. 5‑1‑11) Sec. 5‑1‑11. The failure of the officers named in Sections 5‑1‑6 through 5‑1‑9 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑12)(from Ch. 24, par. 5‑1‑12) Sec. 5‑1‑12. All courts shall take judicial notice of the adoption of this Article 5 by all cities and villages adopting it. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑13)(from Ch. 24, par. 5‑1‑13) Sec. 5‑1‑13. When any city or village has not adopted this Article 5 and desires to vote to adopt Article 4 as provided in Sections 4‑2‑2 through 4‑2‑9 and also desires to vote on adoption of this Article 5 upon compliance with the provisions thereof, both propositions may be submitted at the same election, and may be printed on the same ballot, but each proposition shall be stated separately. The proposition receiving the larger majority shall be adopted. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑14)(from Ch. 24, par. 5‑1‑14) Sec. 5‑1‑14. Any city or village which has heretofore adopted the managerial form of municipal government and is functioning under that form of government immediately prior to January 1, 1942 shall be treated as having adopted this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑15)(from Ch. 24, par. 5‑1‑15) Sec. 5‑1‑15. Any city or village which adopts the managerial form of municipal government as provided in Article 7 thereby adopts this Article 5. In case of conflict between Articles 5 and 7, Article 7 governs. (Source: Laws 1965, p. 1267.)
(65 ILCS 5/Art. 5 Div. 2 heading)
DIVISION 2. ELECTION OF OFFICERS
(65 ILCS 5/5‑2‑1)(from Ch. 24, par. 5‑2‑1) Sec. 5‑2‑1. If a city or village adopts the managerial form of municipal government and also elects to choose aldermen or trustees, as the case may be, from wards or districts, then the city council shall be constituted as provided in Sections 5‑2‑2 through 5‑2‑10 and the village board shall be constituted as provided in Section 5‑2‑11 and the incumbent aldermen, trustees, mayor, president, clerk and treasurer shall continue in office until expiration of their present terms. If a city has voted to elect only one alderman from each ward then no election for a successor for the alderman from each ward whose term next expires shall be held, and upon the expiration of the terms of the aldermen having the longest time to serve at the time of adoption of this Article 5 only one successor shall be elected from each ward. In case a city votes to elect only one alderman from each ward, the number of aldermen prescribed by Section 5‑2‑2 shall be halved, for the purposes of this Article 5 and the provisions of Section 5‑2‑4 prescribing the number of wards shall not apply but such city shall have an equal number of wards and aldermen. The mayor of a city and the president of a village board shall be elected from the city or village at large. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑2‑2)(from Ch. 24, par. 5‑2‑2) Sec. 5‑2‑2. Except as otherwise provided in Section 5‑2‑3, the number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000, but not exceeding 15,000, 8 aldermen; exceeding 15,000 but not exceeding 20,000, 10 aldermen; exceeding 20,000 but not exceeding 30,000, 14 aldermen; and 2 additional aldermen for every 20,000 inhabitants over 30,000. In all cities of less than 500,000, 20 aldermen shall be the maximum number permitted except as otherwise provided in the case of aldermen‑at‑large. No redistricting shall be required in order to reduce the number of aldermen heretofore provided for. Two aldermen shall be elected to represent each ward. If it appears from any census specified in Section 5‑2‑5 and taken not earlier than 1940 that any city has the requisite number of inhabitants to authorize it to increase the number of aldermen, the city council shall immediately proceed to redistrict the city in accordance with the provisions of Section 5‑2‑5, and it shall hold the next city election in accordance with the new redistricting. At this election the aldermen whose terms of office are not expiring shall be considered aldermen for the new wards respectively in which their residences are situated. At this election a candidate for alderman may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting, and, if elected, that person may be reelected from the new ward he or she represents if he or she resides in that ward for at least one year next preceding reelection. If there are 2 or more aldermen with terms of office not expiring and residing in the same ward under the new redistricting, the alderman who holds over for that ward shall be determined by lot in the presence of the city council, in whatever manner the council shall direct and all other aldermen shall fill their unexpired terms as aldermen‑at‑large. The aldermen‑at‑large, if any, shall have the same power and duties as all other aldermen but upon expiration of their terms the offices of aldermen‑at‑large shall be abolished. If the re‑districting results in one or more wards in which no aldermen reside whose terms of office have not expired, 2 aldermen shall be elected in accordance with the provisions of Section 5‑2‑8. (Source: P.A. 93‑847, eff. 7‑30‑04.)
(65 ILCS 5/5‑2‑3)(from Ch. 24, par. 5‑2‑3) Sec. 5‑2‑3. In any city or village of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one‑half of the total authorized by Section 5‑2‑2, with one alderman representing each ward, shall be certified by the municipal clerk to the proper election authority who shall submit the proposition at an election in accordance with the general election law, if a petition requesting such action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the board of trustees of the municipality, and is filed with the city or village clerk in accordance with the general election law. The proposition shall be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the City (or Village) of ........ restrict the number of YES aldermen to one‑half of the total authorized by Section 5‑2‑2 of the ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Illinois Municipal Code, with one NO alderman representing each ward? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of those voting upon the proposition vote in favor of it, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term.
(65 ILCS 5/5‑1‑1)(from Ch. 24, par. 5‑1‑1) Sec. 5‑1‑1. All cities and villages with less than 500,000 inhabitants, which are treated as properly incorporated, or which hereafter are incorporated under this Code, in addition to all the rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers and authority conferred in this Article 5, by proceeding as provided in Section 5‑1‑4. For convenience this Article 5 is designated "The Managerial Form of Municipal Government". (Source: Laws 1963, p. 857.)
(65 ILCS 5/5‑1‑2)(from Ch. 24, par. 5‑1‑2) Sec. 5‑1‑2. Upon this Article 5 becoming effective in any city or village, that city or village and its officers shall be vested with all the rights, privileges, powers and immunities conferred by Article 3 or 4, as the case may be, in force at the time such city or village adopted this Article 5, including the procedures for elections therein described, the officers therein named and the duties and liabilities therein set forth, except as modified by this Article 5. After this Article 5 becomes effective in any city or village which was operating under Article 4 at the time of adoption of this Article 5, the provisions of Section 4‑5‑13 relating to filing certain ordinances for public inspection shall no longer apply in such city or village. (Source: Laws 1967, p. 2332.)
(65 ILCS 5/5‑1‑3)(from Ch. 24, par. 5‑1‑3) Sec. 5‑1‑3. The rights, privileges, powers and immunities contained in Articles 3 and 4 which are applicable to cities and villages operating under this Article 5, as provided in Section 5‑1‑2, are modified by the provisions of this Article 5 found in Sections 5‑1‑2, 5‑2‑3, 5‑2‑12 and 5‑2‑19. However, if any modifications appear in any other section of this Article 5, this section shall not operate to restrict or render void such modification because the sections containing such modifications are omitted from the listing of sections in this Section 5‑1‑3. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑4)(from Ch. 24, par. 5‑1‑4) Sec. 5‑1‑4. Procedure for adopting managerial form of government. (a) Cities and villages described in Section 5‑1‑1, in order to vest themselves with the managerial form of municipal government, shall act in accordance with the procedure provided in Sections 5‑1‑4 through 5‑1‑11 unless modified elsewhere in this Article 5. In cities that are operating under Section 3.1‑20‑10 and villages operating under Section 3.1‑25‑75 at the time of the adoption of this Article 5, the forms of petition and ballot prescribed in Sections 5‑1‑5 and 5‑1‑7 may at the option of the petitioners be modified to contain the following additional proposition: Shall (name of city or village), if it adopts the
managerial form of municipal government, continue to elect aldermen (or trustees) from wards (or districts)?
(b) In any city operating under Section 3.1‑20‑10 at the time of adoption of this Article 5, at the option of the petitioners and in addition to the optional proposition provided for in subsection (a), the forms of petition and ballot prescribed in Sections 5‑1‑6 and 5‑1‑8 may be further modified to contain the following additional proposition: Shall only one alderman hereafter be elected from
each ward if (name of city) adopts the managerial form of municipal government and also elects to continue the aldermanic organization for the city council?
(c) If 2 or more forms of petition allowed under this Section are presented to the chief judge of the circuit court or any judge of that circuit designated by the chief judge, the judge shall cause only the question or questions contained in the first petition so presented to be submitted to referendum, if he or she finds that the petition is in proper form and legally sufficient. (d) If a majority of the electors voting on the proposition vote to adopt the managerial form of municipal government, then this Article 5 shall become effective in the city or village upon the date of the next general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, however, shall not be deemed to begin until a manager is appointed. (e) The city council or board of trustees of a city or village that adopts the provisions of this Article 5 under this Section may, if it so desires, by the adoption of an ordinance immediately after the adoption of this Article 5 has been proclaimed, appoint a city or village manager and reorganize the administration of the municipality in conformance with this Article 5. This Article 5, except as to the membership of the council in cities or villages in which representation by wards or districts has not been retained, shall be in effect upon the proclamation of the results of the adopting referendum. (Source: P.A. 87‑1119.)
(65 ILCS 5/5‑1‑5)(from Ch. 24, par. 5‑1‑5) Sec. 5‑1‑5. Electors of any city or village specified in Section 5‑1‑1, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the Chief Judge of the Circuit Court, or any judge of that Circuit designated by the Chief Judge, in which that city or village specified in Section 5‑1‑1 is located to cause to be submitted to a vote of the electors of that city or village specified in Section 5‑1‑1 the proposition whether this Article 5 shall be adopted. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. If such petition is found sufficient the court shall enter an order to submit that proposition at an election. However, the referendum on the proposition shall not be held on the date of the general primary election for the municipality. The clerk of the circuit court shall certify the court's order and the proposition for submission. A proposal to adopt this Article 5 may also be initiated and submitted to the voters in the same manner as is provided in this Section by the adoption of an ordinance by the corporate authorities. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑6)(from Ch. 24, par. 5‑1‑6) Sec. 5‑1‑6. The petition provided in Section 5‑1‑5 shall be substantially in the following form: To the Circuit Court of the county of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the managerial form of municipal government?
Name.
address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑8)(from Ch. 24, par. 5‑1‑8) Sec. 5‑1‑8. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) YES of.... adopt the managerial ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ form of municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote yes, this Article 5 is adopted in that city or village. Thereupon, the mayor or president shall immediately issue a proclamation declaring this article in force. Thenceforth this Article 5 shall be in effect in that city or village. However, the operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, shall not be deemed to begin until a manager is appointed. If a majority of the electors voting upon this proposition vote no, the proposition shall not be submitted again in that city or village for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑9)(from Ch. 24, par. 5‑1‑9) Sec. 5‑1‑9. A certified copy of the canvass of the votes on the proposition specified in Section 5‑1‑5, made by the proper officers of the election, shall be transmitted to the city or village clerk, and to the clerk of the court, and by each transcribed upon the records of his office. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑10)(from Ch. 24, par. 5‑1‑10) Sec. 5‑1‑10. If the managerial form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (1) the Secretary of State, (2) the clerk of the court, and (3) the county recorder. These officers shall file this certificate in their respective offices and transcribe it upon the records thereof. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑11)(from Ch. 24, par. 5‑1‑11) Sec. 5‑1‑11. The failure of the officers named in Sections 5‑1‑6 through 5‑1‑9 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑12)(from Ch. 24, par. 5‑1‑12) Sec. 5‑1‑12. All courts shall take judicial notice of the adoption of this Article 5 by all cities and villages adopting it. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑13)(from Ch. 24, par. 5‑1‑13) Sec. 5‑1‑13. When any city or village has not adopted this Article 5 and desires to vote to adopt Article 4 as provided in Sections 4‑2‑2 through 4‑2‑9 and also desires to vote on adoption of this Article 5 upon compliance with the provisions thereof, both propositions may be submitted at the same election, and may be printed on the same ballot, but each proposition shall be stated separately. The proposition receiving the larger majority shall be adopted. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑14)(from Ch. 24, par. 5‑1‑14) Sec. 5‑1‑14. Any city or village which has heretofore adopted the managerial form of municipal government and is functioning under that form of government immediately prior to January 1, 1942 shall be treated as having adopted this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑15)(from Ch. 24, par. 5‑1‑15) Sec. 5‑1‑15. Any city or village which adopts the managerial form of municipal government as provided in Article 7 thereby adopts this Article 5. In case of conflict between Articles 5 and 7, Article 7 governs. (Source: Laws 1965, p. 1267.)
(65 ILCS 5/Art. 5 Div. 2 heading)
DIVISION 2. ELECTION OF OFFICERS
(65 ILCS 5/5‑2‑1)(from Ch. 24, par. 5‑2‑1) Sec. 5‑2‑1. If a city or village adopts the managerial form of municipal government and also elects to choose aldermen or trustees, as the case may be, from wards or districts, then the city council shall be constituted as provided in Sections 5‑2‑2 through 5‑2‑10 and the village board shall be constituted as provided in Section 5‑2‑11 and the incumbent aldermen, trustees, mayor, president, clerk and treasurer shall continue in office until expiration of their present terms. If a city has voted to elect only one alderman from each ward then no election for a successor for the alderman from each ward whose term next expires shall be held, and upon the expiration of the terms of the aldermen having the longest time to serve at the time of adoption of this Article 5 only one successor shall be elected from each ward. In case a city votes to elect only one alderman from each ward, the number of aldermen prescribed by Section 5‑2‑2 shall be halved, for the purposes of this Article 5 and the provisions of Section 5‑2‑4 prescribing the number of wards shall not apply but such city shall have an equal number of wards and aldermen. The mayor of a city and the president of a village board shall be elected from the city or village at large. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑2‑2)(from Ch. 24, par. 5‑2‑2) Sec. 5‑2‑2. Except as otherwise provided in Section 5‑2‑3, the number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000, but not exceeding 15,000, 8 aldermen; exceeding 15,000 but not exceeding 20,000, 10 aldermen; exceeding 20,000 but not exceeding 30,000, 14 aldermen; and 2 additional aldermen for every 20,000 inhabitants over 30,000. In all cities of less than 500,000, 20 aldermen shall be the maximum number permitted except as otherwise provided in the case of aldermen‑at‑large. No redistricting shall be required in order to reduce the number of aldermen heretofore provided for. Two aldermen shall be elected to represent each ward. If it appears from any census specified in Section 5‑2‑5 and taken not earlier than 1940 that any city has the requisite number of inhabitants to authorize it to increase the number of aldermen, the city council shall immediately proceed to redistrict the city in accordance with the provisions of Section 5‑2‑5, and it shall hold the next city election in accordance with the new redistricting. At this election the aldermen whose terms of office are not expiring shall be considered aldermen for the new wards respectively in which their residences are situated. At this election a candidate for alderman may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting, and, if elected, that person may be reelected from the new ward he or she represents if he or she resides in that ward for at least one year next preceding reelection. If there are 2 or more aldermen with terms of office not expiring and residing in the same ward under the new redistricting, the alderman who holds over for that ward shall be determined by lot in the presence of the city council, in whatever manner the council shall direct and all other aldermen shall fill their unexpired terms as aldermen‑at‑large. The aldermen‑at‑large, if any, shall have the same power and duties as all other aldermen but upon expiration of their terms the offices of aldermen‑at‑large shall be abolished. If the re‑districting results in one or more wards in which no aldermen reside whose terms of office have not expired, 2 aldermen shall be elected in accordance with the provisions of Section 5‑2‑8. (Source: P.A. 93‑847, eff. 7‑30‑04.)
(65 ILCS 5/5‑2‑3)(from Ch. 24, par. 5‑2‑3) Sec. 5‑2‑3. In any city or village of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one‑half of the total authorized by Section 5‑2‑2, with one alderman representing each ward, shall be certified by the municipal clerk to the proper election authority who shall submit the proposition at an election in accordance with the general election law, if a petition requesting such action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the board of trustees of the municipality, and is filed with the city or village clerk in accordance with the general election law. The proposition shall be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the City (or Village) of ........ restrict the number of YES aldermen to one‑half of the total authorized by Section 5‑2‑2 of the ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Illinois Municipal Code, with one NO alderman representing each ward? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of those voting upon the proposition vote in favor of it, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term.{"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}
(65 ILCS 5/5‑1‑1)(from Ch. 24, par. 5‑1‑1) Sec. 5‑1‑1. All cities and villages with less than 500,000 inhabitants, which are treated as properly incorporated, or which hereafter are incorporated under this Code, in addition to all the rights, powers, and authority conferred upon them elsewhere in this Code, shall have the rights, powers and authority conferred in this Article 5, by proceeding as provided in Section 5‑1‑4. For convenience this Article 5 is designated "The Managerial Form of Municipal Government". (Source: Laws 1963, p. 857.)
(65 ILCS 5/5‑1‑2)(from Ch. 24, par. 5‑1‑2) Sec. 5‑1‑2. Upon this Article 5 becoming effective in any city or village, that city or village and its officers shall be vested with all the rights, privileges, powers and immunities conferred by Article 3 or 4, as the case may be, in force at the time such city or village adopted this Article 5, including the procedures for elections therein described, the officers therein named and the duties and liabilities therein set forth, except as modified by this Article 5. After this Article 5 becomes effective in any city or village which was operating under Article 4 at the time of adoption of this Article 5, the provisions of Section 4‑5‑13 relating to filing certain ordinances for public inspection shall no longer apply in such city or village. (Source: Laws 1967, p. 2332.)
(65 ILCS 5/5‑1‑3)(from Ch. 24, par. 5‑1‑3) Sec. 5‑1‑3. The rights, privileges, powers and immunities contained in Articles 3 and 4 which are applicable to cities and villages operating under this Article 5, as provided in Section 5‑1‑2, are modified by the provisions of this Article 5 found in Sections 5‑1‑2, 5‑2‑3, 5‑2‑12 and 5‑2‑19. However, if any modifications appear in any other section of this Article 5, this section shall not operate to restrict or render void such modification because the sections containing such modifications are omitted from the listing of sections in this Section 5‑1‑3. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑4)(from Ch. 24, par. 5‑1‑4) Sec. 5‑1‑4. Procedure for adopting managerial form of government. (a) Cities and villages described in Section 5‑1‑1, in order to vest themselves with the managerial form of municipal government, shall act in accordance with the procedure provided in Sections 5‑1‑4 through 5‑1‑11 unless modified elsewhere in this Article 5. In cities that are operating under Section 3.1‑20‑10 and villages operating under Section 3.1‑25‑75 at the time of the adoption of this Article 5, the forms of petition and ballot prescribed in Sections 5‑1‑5 and 5‑1‑7 may at the option of the petitioners be modified to contain the following additional proposition: Shall (name of city or village), if it adopts the
managerial form of municipal government, continue to elect aldermen (or trustees) from wards (or districts)?
(b) In any city operating under Section 3.1‑20‑10 at the time of adoption of this Article 5, at the option of the petitioners and in addition to the optional proposition provided for in subsection (a), the forms of petition and ballot prescribed in Sections 5‑1‑6 and 5‑1‑8 may be further modified to contain the following additional proposition: Shall only one alderman hereafter be elected from
each ward if (name of city) adopts the managerial form of municipal government and also elects to continue the aldermanic organization for the city council?
(c) If 2 or more forms of petition allowed under this Section are presented to the chief judge of the circuit court or any judge of that circuit designated by the chief judge, the judge shall cause only the question or questions contained in the first petition so presented to be submitted to referendum, if he or she finds that the petition is in proper form and legally sufficient. (d) If a majority of the electors voting on the proposition vote to adopt the managerial form of municipal government, then this Article 5 shall become effective in the city or village upon the date of the next general municipal election at which any corporate authority is elected. The operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, however, shall not be deemed to begin until a manager is appointed. (e) The city council or board of trustees of a city or village that adopts the provisions of this Article 5 under this Section may, if it so desires, by the adoption of an ordinance immediately after the adoption of this Article 5 has been proclaimed, appoint a city or village manager and reorganize the administration of the municipality in conformance with this Article 5. This Article 5, except as to the membership of the council in cities or villages in which representation by wards or districts has not been retained, shall be in effect upon the proclamation of the results of the adopting referendum. (Source: P.A. 87‑1119.)
(65 ILCS 5/5‑1‑5)(from Ch. 24, par. 5‑1‑5) Sec. 5‑1‑5. Electors of any city or village specified in Section 5‑1‑1, equal in number to 1/10 the number of votes cast for all candidates for mayor or president at the last preceding municipal election for such officer, may petition the Chief Judge of the Circuit Court, or any judge of that Circuit designated by the Chief Judge, in which that city or village specified in Section 5‑1‑1 is located to cause to be submitted to a vote of the electors of that city or village specified in Section 5‑1‑1 the proposition whether this Article 5 shall be adopted. Upon submission of such petition the court shall set a date not less than 10 nor more than 30 days thereafter for a hearing on the sufficiency thereof. Notice of the filing of such petition and of such date shall be given in writing to the city or village clerk and to the mayor or village president at least 7 days before the date of such hearing. If such petition is found sufficient the court shall enter an order to submit that proposition at an election. However, the referendum on the proposition shall not be held on the date of the general primary election for the municipality. The clerk of the circuit court shall certify the court's order and the proposition for submission. A proposal to adopt this Article 5 may also be initiated and submitted to the voters in the same manner as is provided in this Section by the adoption of an ordinance by the corporate authorities. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑6)(from Ch. 24, par. 5‑1‑6) Sec. 5‑1‑6. The petition provided in Section 5‑1‑5 shall be substantially in the following form: To the Circuit Court of the county of (name of county): We, the undersigned electors of the city (or village) of (name of city or village), respectfully petition your honor to submit to a vote of the electors of (name of city or village), the following proposition: Shall the city (or village) of.... adopt the managerial form of municipal government?
Name.
address, with Street and Number
.................................................
(Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑8)(from Ch. 24, par. 5‑1‑8) Sec. 5‑1‑8. The proposition shall be in substantially the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the city (or village) YES of.... adopt the managerial ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ form of municipal government? NO ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of the electors voting upon this proposition vote yes, this Article 5 is adopted in that city or village. Thereupon, the mayor or president shall immediately issue a proclamation declaring this article in force. Thenceforth this Article 5 shall be in effect in that city or village. However, the operation of the managerial form of municipal government, for purposes of voting on the question to abandon set out in Section 5‑5‑1, shall not be deemed to begin until a manager is appointed. If a majority of the electors voting upon this proposition vote no, the proposition shall not be submitted again in that city or village for 22 months. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑9)(from Ch. 24, par. 5‑1‑9) Sec. 5‑1‑9. A certified copy of the canvass of the votes on the proposition specified in Section 5‑1‑5, made by the proper officers of the election, shall be transmitted to the city or village clerk, and to the clerk of the court, and by each transcribed upon the records of his office. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑10)(from Ch. 24, par. 5‑1‑10) Sec. 5‑1‑10. If the managerial form of municipal government is adopted, the mayor or president immediately shall transmit a certificate so stating to (1) the Secretary of State, (2) the clerk of the court, and (3) the county recorder. These officers shall file this certificate in their respective offices and transcribe it upon the records thereof. (Source: Laws 1967, p. 3740.)
(65 ILCS 5/5‑1‑11)(from Ch. 24, par. 5‑1‑11) Sec. 5‑1‑11. The failure of the officers named in Sections 5‑1‑6 through 5‑1‑9 to perform the duties and acts imposed upon them by those sections, shall neither invalidate nor prevent the adoption of this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑12)(from Ch. 24, par. 5‑1‑12) Sec. 5‑1‑12. All courts shall take judicial notice of the adoption of this Article 5 by all cities and villages adopting it. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑13)(from Ch. 24, par. 5‑1‑13) Sec. 5‑1‑13. When any city or village has not adopted this Article 5 and desires to vote to adopt Article 4 as provided in Sections 4‑2‑2 through 4‑2‑9 and also desires to vote on adoption of this Article 5 upon compliance with the provisions thereof, both propositions may be submitted at the same election, and may be printed on the same ballot, but each proposition shall be stated separately. The proposition receiving the larger majority shall be adopted. (Source: P.A. 81‑1489.)
(65 ILCS 5/5‑1‑14)(from Ch. 24, par. 5‑1‑14) Sec. 5‑1‑14. Any city or village which has heretofore adopted the managerial form of municipal government and is functioning under that form of government immediately prior to January 1, 1942 shall be treated as having adopted this Article 5. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑1‑15)(from Ch. 24, par. 5‑1‑15) Sec. 5‑1‑15. Any city or village which adopts the managerial form of municipal government as provided in Article 7 thereby adopts this Article 5. In case of conflict between Articles 5 and 7, Article 7 governs. (Source: Laws 1965, p. 1267.)
(65 ILCS 5/Art. 5 Div. 2 heading)
DIVISION 2. ELECTION OF OFFICERS
(65 ILCS 5/5‑2‑1)(from Ch. 24, par. 5‑2‑1) Sec. 5‑2‑1. If a city or village adopts the managerial form of municipal government and also elects to choose aldermen or trustees, as the case may be, from wards or districts, then the city council shall be constituted as provided in Sections 5‑2‑2 through 5‑2‑10 and the village board shall be constituted as provided in Section 5‑2‑11 and the incumbent aldermen, trustees, mayor, president, clerk and treasurer shall continue in office until expiration of their present terms. If a city has voted to elect only one alderman from each ward then no election for a successor for the alderman from each ward whose term next expires shall be held, and upon the expiration of the terms of the aldermen having the longest time to serve at the time of adoption of this Article 5 only one successor shall be elected from each ward. In case a city votes to elect only one alderman from each ward, the number of aldermen prescribed by Section 5‑2‑2 shall be halved, for the purposes of this Article 5 and the provisions of Section 5‑2‑4 prescribing the number of wards shall not apply but such city shall have an equal number of wards and aldermen. The mayor of a city and the president of a village board shall be elected from the city or village at large. (Source: Laws 1961, p. 576.)
(65 ILCS 5/5‑2‑2)(from Ch. 24, par. 5‑2‑2) Sec. 5‑2‑2. Except as otherwise provided in Section 5‑2‑3, the number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding 3,000 inhabitants, 6 aldermen; exceeding 3,000, but not exceeding 15,000, 8 aldermen; exceeding 15,000 but not exceeding 20,000, 10 aldermen; exceeding 20,000 but not exceeding 30,000, 14 aldermen; and 2 additional aldermen for every 20,000 inhabitants over 30,000. In all cities of less than 500,000, 20 aldermen shall be the maximum number permitted except as otherwise provided in the case of aldermen‑at‑large. No redistricting shall be required in order to reduce the number of aldermen heretofore provided for. Two aldermen shall be elected to represent each ward. If it appears from any census specified in Section 5‑2‑5 and taken not earlier than 1940 that any city has the requisite number of inhabitants to authorize it to increase the number of aldermen, the city council shall immediately proceed to redistrict the city in accordance with the provisions of Section 5‑2‑5, and it shall hold the next city election in accordance with the new redistricting. At this election the aldermen whose terms of office are not expiring shall be considered aldermen for the new wards respectively in which their residences are situated. At this election a candidate for alderman may be elected from any ward that contains a part of the ward in which he or she resided at least one year next preceding the election that follows the redistricting, and, if elected, that person may be reelected from the new ward he or she represents if he or she resides in that ward for at least one year next preceding reelection. If there are 2 or more aldermen with terms of office not expiring and residing in the same ward under the new redistricting, the alderman who holds over for that ward shall be determined by lot in the presence of the city council, in whatever manner the council shall direct and all other aldermen shall fill their unexpired terms as aldermen‑at‑large. The aldermen‑at‑large, if any, shall have the same power and duties as all other aldermen but upon expiration of their terms the offices of aldermen‑at‑large shall be abolished. If the re‑districting results in one or more wards in which no aldermen reside whose terms of office have not expired, 2 aldermen shall be elected in accordance with the provisions of Section 5‑2‑8. (Source: P.A. 93‑847, eff. 7‑30‑04.)
(65 ILCS 5/5‑2‑3)(from Ch. 24, par. 5‑2‑3) Sec. 5‑2‑3. In any city or village of less than 100,000 inhabitants, a proposition to restrict the number of aldermen to one‑half of the total authorized by Section 5‑2‑2, with one alderman representing each ward, shall be certified by the municipal clerk to the proper election authority who shall submit the proposition at an election in accordance with the general election law, if a petition requesting such action is signed by electors of the municipality numbering not less than 10% of the total vote cast at the last election for mayor or president of the board of trustees of the municipality, and is filed with the city or village clerk in accordance with the general election law. The proposition shall be substantially in the following form: ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Shall the City (or Village) of ........ restrict the number of YES aldermen to one‑half of the total authorized by Section 5‑2‑2 of the ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ Illinois Municipal Code, with one NO alderman representing each ward? ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ If a majority of those voting upon the proposition vote in favor of it, all existing aldermanic terms shall expire as of the date of the next regular aldermanic election, at which time a full complement of aldermen shall be elected for the full term.
