CITIES AND VILLAGES.

In force July 1, 1872.

Petition of voters.

Notice of election.

tion.

re

AN ACT to provide for the incorporation of cities and villages.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, as follows

ARTICLE I.

OF THE ORGANIZATION OF CITIES.

That any city now existing in this state may become incorporated, under this act, in manner following: Whenever one-eighth of the legal voters of such city, voting at the last preceding municipal election, shall petition the mayor and council thereof to submit the question as to whether such city shall become incorporated, under this act, to a vote of the electors in such city, it shall be the duty of such mayor and council to submit such question accordingly, and to appoint a time and place, or places, at which such vote may be taken, and to designate the persons who shall act as judges at such election; but such question shall not be submitted oftener than once in four years.

§ 2. The mayor of such city shall give at least thirty days' notice of such election, by publishing a notice thereof in one or more newspapers within such city; but if no newspaper is published therein, then by posting at least five copies of such notice in each ward.

3. The ballots to be used at such election shall be in turns of elec- the following form: "For city organization under general law;" or, "Against city organization under general law." The judges of such election shall make returns thereof to the city council, whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for city organization under general law, such city shall thenceforth be deemed to be organized under this act; and the city officers then in office shall, thereupon, exercise the powers conferred upon like officers in this act, until their successors shall be elected and qualified.

Incorporated

towns.

§ 4. Any incorporated town in this state, having a population of not less than one thousand inhabitants, may become incorporated as a city in like manner as herein before provided; but in all such cases the president and trustees of such town shall, respectively, perform the same duties relative to such a change of organization as is above required to be performed by the mayor and council of cities.

Manner of in

corporating ter

§ 5. Whenever any area of contiguous territory in this state, not exceeding four square miles, shall have resident ritory. thereon a population of not less than one thousand inhab:tants, which shall not already be included within any incorporated town or city, the same may become incorporated as a city in manner following: Any fifty legal voters thereof may file in the office of the clerk of the county court of the county in which such inhabitants reside, a petition, addressed to the judge of such court; and if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the judge of the court where a greater part of such territory is situated; which petition shall define the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question be submitted to the legal voters residing within such limits, whether they will organize as a city under this act. It shall be the duty To be deterof the county judge to fix a time and place, within the boun mined by elecdaries of such proposed city, at which an election may be held, to determine such question; and such judge shall name the person to act as judges in holding such election, and shall give notice thereof by causing ten notices to be posted in public places within such proposed city. And the third section of this article shall be applicable to such election Provided, that the returns of such election shall be made to and canvassed by the county judge and any two justices of the peace whom he shall call to his assistance, instead of the city council; and the result of such election shall be entered upon the records of such county court. If a majority of the votes cast at such election shall be "For city organization under general law," the inhabitants of such territory, described in such petition, shall be deemed to be incorporated as a city, under this act, and with the name stated in the petition.

tion.

§ 6. All courts in this state shall take judicial notice of Courts to take the existence of all villages and cities organized under this Judicial notice. act, and of the change of the organization of any town or city from its original organization to its organization under this act; and from the time of such organization, or change of organization, the provisions of this act shall be applicable to such cities and villages, and all laws in conflict therewith shall no longer be applicable. But all laws or parts of laws not inconsistent with the provisions of this act, shall continue in force and applicable to any such city or village, the same as if such change of organization had not taken place.

ficers, notice.

§ 7. It shall be the duty of the president and board of trus- Election for oftees of any town which shall have voted to change its organization to a city, under this act, to call and give notice of an election to elect city officers, and to designate the time and

County judge

place or places of holding the same. Such notice shall be published in a newspaper, if there be one, within the town, or posted in ten public places, for at least twenty days befere such election. Such president and trustees shall appoint the judges and clerks to hold such election, canvass the returns thereof, and cause the result to be entered upon the records of the town; and the provisions of this act, relative to the election of city officers, shall be applicable thereto; but, at such election, aldermen may be elected on a general ticket.

8. In case of cities organizing under section five (5) of to call election. this article, the county judge shall call and give notice of the election, and perform the same duties relative thereto as is above required to be performed by president and trustees of such town, and in canvassing such returns shall call to his assistance two justices of the peace.

Term of office.

Bodies politic and eorporate.

continue

force.

in

9. The city officers elected under either of the preceding sections, shall hold their respective offices until the next succeeding regular election for such officers, respectively, and until their successors are elected and qualified, as provided in this act.

10. Cities organized under this act shall be bodies. politic and corporate, under the name and style of "City of (name)," and under such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a common seal and change the same at pleasure, and exercise all the powers hereinafter conferred.

Ordinances to § 11. All ordinances, resolutions and by-laws, in force in any city or town when it shall organize under this act, shall continue in full force and effect until repealed or amended, notwithstanding such change of organization; and the making of such change of organization shall not be construed to effect a change in the legal identity, as a corporation, of such city or town.

perty.

Rights of pro- § 12. All rights and property of every kind and description, which were vested in any municipal corporation under its former organization, shall be deemed and held to be vested in the same municipal incorporation upon its becoming incorporated under the provisions of this act, but no rights or liabilities, either in favor of or against such corporation, existing at the time of so becoming incorporated under this act, and no suit or prosecution of any kind, shall be effected by such change, but the same shall stand and progress as if no change had been made: Provided, that when a different remedy is given by this act, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this act, the same shall be deemed cumulative to the remedies before provided, and used accordingly.

§ 13. The corporate authorities of any city or village which may become organized under this act shall, within three months after organization hereunder, caused to be filed in the office of the recorder of deeds, in the county in which such city or village is situated, a certified copy of the entry made upon the records of the city, village or county court, of the canvass of the votes, showing the result of such election, whereby such city or village became so organized and such recorder of deeds shall record the same. And such corporate authorities shall also cause a like certificate to be filed in the office of the secretary of state, who shall file the same, and keep a registry of cities and villages organized under this act.

ARTICLE II.

OF THE MAYOR.

SECTION 1. The chief executive officer of a city shall be Qualification. a mayor, who shall be a citizen of the United States, a qualified elector, reside within the city limits, and hold his office for two years and until his successor is elected and qualified. § 2. Whenever a vacancy shall happen in the office of Vacancy. mayor, when the unexpired term shall be one year or over from the date when the vacancy occurs, it shall be filled by an election.

the

3. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the rights and powers of the mayor until the next annual election, and until his successor is elected and qualified.

City council may elect.

sence.

§ 4. During a temporary absence or disability of the Temporary abmayor, the city council shall elect one of its number to act as mayor pro tem., who, during such absence or disability, shall possess the powers of mayor.

$5. If the mayor, at any time during the term of his Removal. office, shall remove from the limits of the city, his office shall thereby become vacant.

§ 6. The mayor shall preside at all meetings of the city To preside. council, but shall not vote except in case of a tie, when he shall give the casting vote.

officers.

§ 7. The mayor shall have power to remove any officer May appointed by him, on any former charge, whenever he shall be of the opinion that the interests of the city demand such removal; but he shall report the reasons for such removal to the council at its next regular meeting.

remove

8. He may exercise, within the city limits, the powers To suppress conferred upon sheriffs, to suppress disorder and keep the disorder.

peace.

§ 9. He may release any person imprisoned for violation of any city ordinance, and shall report such release,

Duties.

To inspect re

cords.

Annual recommendations.

the militia.

CITIES AND VILLAGES.

with the cause thereof, to the council at its first session thereafter.

§ 10. He shall perform all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. 11. He shall have power at all times to examine and inspect the books, records and papers of any agent, employè or officer of the city.

§ 12. The mayor shall, annually, and from time to time, give the council information relative to the affairs of the city, and shall recommend for their consideration such measures as he may deem expedient.

May call out § 13. He shall have power, when necessary, to call on every male inhabitant of the city over the age of eighteen years, to aid in enforcing the laws and ordinances, and to call out the militia to aid in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the governor as commander-in-chief of the militia.

Liable to indictment.

dinan es.

14. In case the mayor or any other municipal officer shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct or misfeasance in the discharge of the duties of his office, he shall be liable to indictment in any court of competent jurisdiction, and, on conviction, shall be fined in a sum not exceeding one thousand dollars; and the court in which such conviction shall be had, shall enter an order removing such officer from office.

Revision of or- § 15, He may appoint, by and with the advice and consent of the city council, immediately after such change of organization, one or more competent persons to prepare and submit to the city council, for their adoption or rejection, an ordinance in revision of the ordinances of such city, and for the government of such city, the compensation of such reviser or revisers to be determined and fixed by the city council and paid out of the city treasury.

dermen.

ARTICLE III.

OF THE CITY COUNCIL.

SECTION 1. The city council shall consist of the mayor and aldermen.

Number of al- § 2. The number of aldermen, when not elected by the minority representation plan, shall be as follows: In cities not exceeding three thousand inhabitants, six aldermen ; exceeding three thousand but not exceeding five thousand, eight aldermen; exceeding five thousand and not exceeding ten thousand, ten aldermen; exceeding ten thousand and not exceeding thirty thousand, fourteen aldermen ; and two additional áldermen for every twenty thousand inhabitants over thirty thousand: Provided, however, that in cities of