(HOUSE BILL No. 168. APPROVED JUNE 29, 1915.)

AN ACT to amend an Act entitled, “An Act to provide for the incorporation of cities and villages," approved April 10, 1872, in force July 1, 1872, and all Acts amendatory thereto by adding thereto Article XV.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Act entitled, "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, in force July 1, 1872, and all Acts amendatory thereof, be and the same hereby is amended by adding thereto an Article to be known as Article XV in the words and figures following:

ARTICLE XV.

SECTION 1. That two or more incorporated contiguous cities, incorporated towns, or villages situated in one county in the State of Illinois may be united into one incorporated city under this Act by following the provisions of section 1 of an Act entitled, "An Act to provide for the annexation of cities, incorporated towns and villages, or parts of same to cities, incorporated towns and villages," approved and in force April 25, 1889, except that the petition therein required shall be signed as therein required in each of the municipalities, union whereof is sought, and stating the name, under which said united municipality is to be known, and the form of municipal government, under which said united municipality is to be governed, and except that the ballot therein provided shall read, "For union of the city of...

the city of......

the village of..

the incorporated town of.... (filling blanks with the names of the municipalities to be united), into a single municipality under the name ..form of municipal government (filling in blanks with the words, "Aldermanic" or "Commission" as the case may be).

and with the.....

The proposition so to be voted upon shall appear in plain, prominent type, on a separate and distinct ballot, and no other proposition

shall appear thereon. The form of the ballot used shall be a copy of the proposition set forth in section 2 thereof followed by the words:

YES
NO

together with a square after each word to enable each voter to signify his preference by marking a cross in one of said squares.

If the majority of the votes cast in each of said cities [,] towns or villages shall be in favor of the adoption of said proposition, the provisions of this Act shall thereby be adopted.

§ 2. A certified copy of the canvass of the votes of the election on such proposition, made by the proper officers, shall be transmitted to each city, town or village clerk of such city, town or village, and to the clerk of the county court, of the county in which such election was held, and by each transcribed upon the records of their respective offices in full, and the mayor or president of the board of trustees of each of said concurring cities, towns or villages shall immediately issue a proclamation declaring this Act in force in said city, town or village. and thenceforth this Act shall be in full force and effect in each of said concurring cities, towns or villages.

3. The failure of the mayor or president of the board of trustees, or any of said officials, to perform the duties and Acts imposed upon them by section 2 hereof shall not invalidate nor prevent the adoption of this Act.

4. All courts in this State shall take judicial notice of the adoption of this Act by such cities, towns or villages as adopt the same. § 5. Each such concurring city, incorporated town or village shall thereafter be known as the Borough of.. .. (original name of city, town or village): Provided that a change of name of any borough may be effected by pursuing the provisions of an Act entitled, "An Act to enable any city, town or village in this State to change its name," approved March 7, 1872, in force July 1, 1872.

§ 6. The third Tuesday in April, 1916, [and] biennially thereafter, are hereby designated as the days for the holding of general municipal elections under this Act, and any cities, towns or villages adopting this Act shall be deemed also to have adopted "An Act to amend an Act entitled, 'An Act regulating the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this State,' approved June 19, 1885, in force July 1, 1885, as amended by an Act approved June 18, 1891, in force July 1, 1891," and all amendments thereto.

Within ten days after the adoption of this Act, the county court of the county within which said cities, towns or villages are located shall proceed to create a board of election commissioners for said united city, town or village as provided in said election law, which board shall immediately qualify and proceed as provided in said election law to perform all the duties therein prescribed so as to prepare for the holding of the first and subsequent elections for officers for said united municipality.

Likewise, within ten days after the adoption of this Act on the call of the mayor of the oldest of said constituent cities, towns or villages, a joint meeting shall be held of all the councils or trustees of said constituent cities, towns or villages, and the respective mayors and presidents thereof, at which each said officers shall be entitled to vote, at which joint meeting an ordinance in the name of said united municipality shall be passed, proclaiming the adoption of this Act and fixing the day and issuing a call for the first election for officers for said united city, which election day shall be on the day fixed as above for the succeeding biennial general election if between said day and the day of the adoption of this Act, not more than one hundred and eighty days shall intervene, otherwise if a longer time should intervene, then a date shall be fixed for a special election therefor not sooner than seventy days and not later than ninety days after the adoption of this Act.

Said ordinance shall be signed by the presiding officer of each constituent city, town or village; certified to by each clerk, recorded in the records of each constituent city, town or village, and published as required by law and a copy thereof shall be mailed to the address of each election commissioner appointed as above provided. A failure of any of the several officers to join in the passing and executing of said ordinance as above required shall not invalidate the election held in pursuance of said ordinance, if said ordinance is properly passed and executed by one of said constituent cities.

It is further provided that the term of office of all regularly elected municipal officers holding office at the time this Act is adopted by such constituent municipalities shall be and the same is hereby made to expire at the end of thirty days after the date of the election of officers at the election called as above provided whether said election is special or general, and the term of office of the officers of said united city shall begin at the end of thirty days after said officers are elected and shall expire at the end of thirty days after the next following biennial election. All appointed officers of each constituent city shall retain their offices and perform their duties in the territory for which they were appointed, until superseded by a successor appointed for the united city, town or village. Such performance of duties in their respective boroughs shall be under the direction of the newly elected officers of the united city, town or village.

§ 7. The Act named in section 1 of this Act shall govern as to assets and liabilities of said constituent municipalities as to appropriations, as to tax levies, as to suits, as to special assessments and special taxation, as to proceedings instituted before union for the taking of land, for opening street or alley, as to justices of the peace and their jurisdiction, as to firemen and policemen, as to licenses, and said Act shall govern said united municipality in all matters specified in said Act as pertaining to annexation of the whole of an incorporated city, village or incorporated town to another city, village or incorporated town.

8. Should annexation of any territory be made to said united city, it shall become a part of the borough to which it is contiguous; if it lies contiguous to two or more boroughs, it shall be apportioned between them by ordinance.

§ 9. Any other city or village contiguous to said united city may become annexed to said united city as a borough thereof, by the following provisions of an Act entitled, "An Act to provide for annexing and excluding territory to and from cities, towns and villages and to unite cities, towns and villages," approved April 10, 1872, in force July 1,

1872.

§ 10. (a) In case this Act shall have been adopted by any cities, towns or villages accompanied by a decision at the election in favor of the "aldermanic" form of municipal government, then from and after the election of officers as prescribed in section six (6) thereof, the council governing said city shall consist of one mayor and alderman or members of a board of trustees, as the case may be, elected by the people of each of said municipalities so adopting the provisions of this Act, in conformity with the provisions of an Act entitled, "An Act for the incorporation of cities and villages," approved April 10, 1872, and in force July 1, 1872, as amended.

(b) If the decision at said election shall have been in favor of the commission form of government, then the council governing said city shall consist of the mayor and a board of four commissioners, one to be elected from each borough and the balance of the four, if any, elected at large for a term of four years.

(c) For the selection of officers named in paragraph A and B of this section and the mayor, an election shall be called as prescribed in section 6 hereof; and where the commission form of government has been adopted the procedure provided for the nomination and election of officers provided in Article XIII shall be followed. The nominating petition of candidates for mayor and for commissioners at large, if any commissioners at large are to be elected, to be signed by electors residing in the city, while the nominating petition of the candidates for the remaining commissioners to be signed only by the legal voters of the said city, residing in the borough from which such commissioners are to be nominated.

(d) A distinct ballot shall be printed for each borough for the primary election, substantially in the form prescribed in section 14 of Article XIII, with headings as therein prescribed and sub-headings for mayor, and where the commission form of government prevails, a subheading as follows: "For commissioner at large" (if any commissioner at large is to be elected) or in the plural form if two are to be elected, followed by the direction, "Vote for one" or "Vote for two" (as the case may be); followed by the names of candidates, and also where the commission form of government prevails, sub-headings, one for each borough, as follows: "For commissioner from the borough of..... with directions under each sub-head, "Vote for one," followed by names. of candidates in each of the several boroughs. Where the "aldermanic" form of government has been adopted, then the ballots shall be printed, and the elections conducted, in each borough in conformity with the provisions of the general laws of this State now applicable to cities and villages under the provisions of the general laws of this State now applicable to cities and villages under the provisions of an Act entitled, "An Act to provide for the incorporation of cities and villages," approved April 10, 1872, and in force July 1, 1872, as amended.

(e) WHERE THE COMMISSION FORM OF GOVERNMENT PREVAILS.] In ascertaining the candidates at the primary election under the several sub-heads who are to be considered as nominees, the number to be chosen at the general election under each sub-head shall be multiplied by two, and only those shall be nominees under each sub-head who have received the two highest number of votes, where but one officer is to be elected; the four highest, where but two officers are to be elected; the eight highest where four officers are to be elected.

(f) WHERE THE COMMISSION FORM OF GOVERNMENT PREVAILS.] In case of the death or withdrawal of a nominee for any office prior to the election, the candidate who shall rank next highest in the number of votes received at the primary to those originally ascertained as nominees for the classification to which substitution is to be made shall be substituted on the ballot in place of the deceased or withdrawing nominee substantially as provided in paragraph D of section 18 of said Article XIII.

(g) WHERE THE COMMISSION FORM OF GOVERNMENT PREVAILS.] The ballots for the election of officers shall be substantially as prescribed in section 19 of said Article XIII with sub-head "For mayor" and direction, "Vote for one," followed by the names of the two nominees for mayor; a sub-head, where the commission form of government prevails and commissioners at large are to be elected, "For commissioner (or commissioners) at large" followed by the direction "Vote for one" (or two) (as the case may be) followed by the names of the two (or the four) (as the case may be) nominees for commissioner at large; also where the commission form of government prevails, sub-heads, one for each borough, as follows: "For commissioner from the borough of ," followed by the direction "Vote for one," followed

by the names of the two nominees.

(h) It is the intention hereof to give to each elector of the united city-regardless of his residence in any particular borough-the privilege of voting for as many candidates or nominees as are to be nominated or elected from each and every borough as well as for all candidates or nominees at large.

§ 11. The several ordinances of each constituent city, village or incorporated town of said united city shall remain in force within the limits thereof until superseded by a new ordinance covering the topic embraced in such superseded ordinance.

§ 12. Nothing herein contained shall be construed as affecting the union of the schools of the several boroughs, or in charging the united municipalities with any school indebtedness, but the several school systems are to remain under their then existing organizations, until united in pursuance to the laws relating to schools, and so long as such separate school organizations are maintained, the several school boards shall have full power to act independently in all cases, where, in the school laws, it is specified that they may act only with the concurrence of the city council. However, after the adoption of this Act, the name of the several school districts shall be amended so as to substitute the word "Borough" in place of the word "City" or "Village" or "Town."

§ 13. Whereven any municipalities have adopted the provisions of this Act, thereafter, at any regular biennial election, the question of the