2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 40 - City Council
(65 ILCS 5/Art. 3.1 Div. 40 heading) DIVISION 40. CITY COUNCIL
(65 ILCS 5/3.1‑40‑5)(from Ch. 24, par. 3.1‑40‑5) Sec. 3.1‑40‑5. Composition. The city council shall consist of the
mayor
and aldermen. It
shall meet in accordance with the Open Meetings Act. It shall keep a journal
of its own
proceedings. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑10)(from Ch. 24, par. 3.1‑40‑10) Sec. 3.1‑40‑10. Judge of elections. The city council shall be the
sole
judge of the election to
office of the aldermen. It shall also be the sole judge whether under
Section 3.1‑10‑5 aldermen are eligible to hold their offices. A court,
however,
shall not be prohibited from hearing and determining a proceeding in quo
warranto. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑15)(from Ch. 24, par. 3.1‑40‑15) Sec. 3.1‑40‑15. Rules; expulsion. The city council shall determine
its
own rules of proceeding
and punish its members for disorderly conduct. With the concurrence of
two‑thirds of the aldermen then holding office, it may expel an alderman
from a meeting, but not a
second time for the same incident. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑20)(from Ch. 24, par. 3.1‑40‑20) Sec. 3.1‑40‑20. Quorum. A majority of the corporate authorities
shall constitute a
quorum to do business. A smaller number, however, may adjourn from time to
time and may compel the attendance of absentees under penalties
(including a fine for a failure to attend) prescribed by the council
by
ordinance. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑25)(from Ch. 24, par. 3.1‑40‑25) Sec. 3.1‑40‑25. Meetings. The city council may prescribe, by
ordinance, the times and
places of the council meetings and the manner in which special council
meetings may be called. The mayor or any 3 aldermen may call special
meetings of the city council. In addition to any notice requirement
prescribed by the city council, public notice of meetings must be given as
prescribed in Sections 2.02 and 2.03 of the Open Meetings Act. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑30)(from Ch. 24, par. 3.1‑40‑30) Sec. 3.1‑40‑30. Mayor presides. The mayor shall preside at all
meetings
of the city council. Except as provided in Articles 4 and 5 of this Code,
the mayor shall not vote on any ordinance, resolution,
or motion except the following: (i) where
the vote of the aldermen has resulted in a tie; (ii) where one‑half of
the aldermen elected have voted in favor of an ordinance, resolution, or
motion even though there is no tie vote; or (iii) where a vote greater than a
majority of the corporate authorities is required by this Code or an ordinance
to adopt an
ordinance, resolution, or motion.
Nothing in this Section shall deprive an acting mayor or mayor
pro tem from voting in the capacity as alderman, but he or she shall not be
entitled to another vote in the capacity as acting mayor or mayor pro
tem. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑35)(from Ch. 24, par. 3.1‑40‑35) Sec. 3.1‑40‑35. Deferral of committee reports. Upon the request of any
2
aldermen present, any report of a
committee of the council shall be deferred for final action to
the next regular meeting of the council after the report is made. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑40)(from Ch. 24, par. 3.1‑40‑40) Sec. 3.1‑40‑40. Vote required. The passage of all ordinances for
whatever purpose, and of
any resolution or motion (i) to create any liability against a city or (ii)
for the expenditure or appropriation of its money shall require the
concurrence of a majority of all members then holding office on the city
council, including the mayor, unless otherwise expressly provided by this
Code or any other Act governing the passage of any ordinance, resolution,
or motion. Where the council consists of an odd number of
aldermen, however, the vote of the majority of the aldermen shall be sufficient
to
pass an ordinance. The passage of an ordinance, resolution, or motion to
sell any school property shall require the concurrence of three‑fourths of
all aldermen then holding office. The yeas and nays shall be taken upon the
question of the passage of the designated ordinances, resolutions, or
motions and recorded in the journal of the city council. In addition, the
corporate authorities at any meeting may by unanimous consent take a single
vote by yeas and nays on the several questions of the passage of any 2 or
more of the designated ordinances, orders, resolutions, or motions placed
together for voting purposes in a single group. The single vote shall
be entered separately in the journal
under the designation "omnibus vote", and in that event the clerk may enter
the words "omnibus vote" or "consent agenda" in the journal in each case
instead of entering
the names of the members of city council voting "yea" and those voting
"nay" on the passage of each of the designated ordinances, orders,
resolutions, and motions included in the omnibus group or consent agenda. The taking of a
single or omnibus vote and the entries of the words "omnibus vote" or
"consent agenda" in the
journal shall be a sufficient compliance with the requirements of this
Section to all intents and purposes and with like effect as if the vote in
each case had been taken separately by yeas and nays on the question of the
passage of each ordinance, order, resolution, and motion included in the
omnibus group and separately recorded in the journal. Likewise, the yeas
and nays shall be taken upon the question of the passage of any other
resolution or motion at the request of any alderman and shall be recorded
in the journal. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑45)(from Ch. 24, par. 3.1‑40‑45) Sec. 3.1‑40‑45. Ordinances; approval; veto. All resolutions and
motions
(i) that create any liability
against a city, (ii) that provide for the expenditure or appropriation
of its money, or (iii) to sell any city or school property, and all
ordinances, passed by the city council shall be deposited with the city
clerk. Except as provided in Articles 4 and 5 of this Code, if the mayor
approves an ordinance or resolution, the mayor shall sign it. Those ordinances,
resolutions, and motions which the mayor disapproves shall be returned to
the city council, with the
mayor's written
objections, at the next regular meeting of the city council occurring not
less than 5 days after their passage. The mayor may disapprove of any one
or more sums appropriated in any ordinance, resolution, or motion making an
appropriation, and, if so, the remainder shall be effective. However, the
mayor may disapprove entirely of an ordinance, resolution, or motion making
an appropriation. If the mayor fails to return any ordinance or any
specified resolution or motion with his written objections within the
designated time, it shall become effective despite the absence of the mayor's
signature. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑50)(from Ch. 24, par. 3.1‑40‑50) Sec. 3.1‑40‑50. Reconsideration; passing over veto. Every resolution
and motion specified in Section 3.1‑40‑45, and every ordinance, that is
returned to the city council by
the mayor shall be reconsidered by the city council at the next regular
meeting following the regular meeting at which the city council receives the
mayor's written objection. If, after
reconsideration, two‑thirds of all the aldermen then holding office on
the city council agree at that regular meeting to pass an ordinance,
resolution, or
motion, notwithstanding the mayor's refusal to approve it, then it shall
be effective. The vote on the question of passage over the mayor's veto
shall be by yeas and nays and shall be recorded in the journal. This Section does not apply to municipalities with more than 500,000
inhabitants. (Source: P.A. 91‑489, eff. 1‑1‑00.)
(65 ILCS 5/3.1‑40‑55)(from Ch. 24, par. 3.1‑40‑55) Sec. 3.1‑40‑55. Reconsideration; requisites. No vote of the city
council shall be reconsidered or
rescinded at a special meeting unless there are present at the special
meeting at least as many aldermen as were present when the vote was taken. (Source: P.A. 87‑1119.)
(65 ILCS 5/3.1‑40‑60) Sec. 3.1‑40‑60. Advisory referenda. By a vote of the majority of the
members of the city council, the council may authorize an advisory question of
public policy to be placed on the ballot at the next regularly scheduled
election in the municipality. The city council shall certify the question to
the proper election authority, which must submit the question at an election in
accordance with the Election Code. (Source: P.A. 93‑574, eff. 8‑21‑03.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
