State’s Attorney’s Opinion on Township Consolidation

Here’s the guidance offered the McHenry County Board by the McHenry County State’s Attorney’s Office in May:
Twp consolidation opinioin 1Twp consolidation opinion 2Twp consolidation opinion 3Twp consolidation opinion 4My idea for a Crystal Lake Township is possible, if the County Board would publish legal notices sixty days before a vote, but, obviously, the powers that be decided to take what they considered the easier track.

Twp Consolidation map 3

White space shows incorporated areas.

The idea of putting incorporated areas into new townships and then petitioning the Illinois General Assembly to allow for a referendum to abolish that new township could be used all over the county.


State’s Attorney’s Opinion on Township Consolidation — 6 Comments

  1. Where’s the beef with that whine?

    Who’s paying for your assessments?

  2. One area that needs more attention all over the state is in urban areas why do we need a municipality, township, and county; and how to resolve that without increasing costs and hopefully reducing costs, both in the short and long term.

    For example there are no townships in Chicago and no one is going to claim Chicago is any better off than the rest of the state.

  3. This is confidential who is releasing these documents to a blog

  4. Illinois Comptroller
    Types of Local Government in Illinois
    (As Of July 2014)
    Government Type – Government Count
    Airport Authority – 27
    Cemetery District – 26
    City – 309
    Community College* – 44
    Conservation District – 5
    County – 102
    Drainage District* – 848
    Electric Agency – 1
    Exposition and Auditorium – 4
    Fire Protection District – 826
    Forest Preserve District – 11
    Home Equity Program – 3
    Hospital District – 19
    Housing Authority* – 111
    Joint Action Water Agency – 1
    Mass Transit District – 15
    Mosquito Abatement District – 20
    Multi-Township Assessment District – 311
    Museum District – 3
    Natural Gas Agency – 2
    Park District – 337
    Planning Agency – 1
    Port District – 9
    Public Building Commission – 9
    Public Health District – 6
    Public Library District – 334
    Public Water District – 11
    Rescue Squad District – 3
    River Conservancy District – 16
    Road & Bridge District** – 1391
    Road District – 60
    Sanitary District – 106
    School District* – 862
    Soil and Water Conservation District – 97
    Solid Waste Agency – 3
    Special Recreation – 2
    Street Lighting District – 21
    Surface Water District – 1
    Town – 12
    Township – 1431
    Transportation Authority – 1
    Village – 976
    Water Authority – 7
    Water Commission – 8
    Water Reclamation District – 5
    Water Service District – 64
    Total Number of Districts – 8,461
    *Not required to file annual financial data with the Illinois Office of the Comptroller
    **Financial data included in the Annual Financial Report of township

  5. Read the law about the first approach and determine if your interpretation is the same as the State’s Attorney:

    “Sec. 10-5. County board powers.

    The county board of each county, except as provided in Article 15, may

    (i) alter the boundaries of townships,

    (ii) change township lines,

    (iii) divide, enlarge, consolidate, and create new townships in its county,

    (iv) make alterations of the township boundaries, and

    (v) create a new township whenever,

    in any territory of not less than 36 square miles or possessing an equalized assessed valuation for taxation purposes of not less than $6,000,000 for the preceding 2 years, three-fourths or more of the voters residing in the territory petition for a new township.

    The new territory proposed to be organized into a new township shall, however, contain at least 200 legal voters, and the respective remaining portions of each of the townships from which the new township is taken shall also contain at least 200 legal voters and shall either contain not less than 36 square miles or possess an equalized assessed valuation for taxation purposes of not less than $6,000,000 for the preceding 2 years.

    The county board, however, before taking any final action in any of the matters relating to any of these townships, shall hold a public hearing on those matters after notice of the hearing has been published at least 3 times in a newspaper having a general circulation in the townships affected.

    The first of the notices shall be published at least 60 days before the date of the hearing.

    No incorporated town, however, may be divided unless the proposition has been certified to the appropriate election authorities, the referendum is held in accordance with the general election law, and consent to the division is given by a majority of all the electors in the incorporated town voting on the proposition.”

  6. I am not an attorney but I was taught how to read.

    My faith in the ‘opinion’ which was ‘confidentially’ intended for Walkup and Gottemoller is sorely lacking in confidence!

    Read the law relative to option 2 listed by the State’s Attorney and note the words “not more than 126 square miles”: ” (60 ILCS 1/10-25)

    Sec. 10-25. Plan for changes in townships.

    (a) The county board of each county may, subject to a referendum in the townships affected as provided in this Section, adopt a plan for altering the boundaries of townships, changing township lines, dividing, enlarging, or consolidating townships, or creating new townships, so that each township shall possess an equalized assessed valuation of not less than $10,000,000 as of the 1982 assessment year or an area of not more than 126 square miles.

    (b) No alteration or change in boundaries shall be effective unless approved by a referendum in each township affected.

    The election authority shall submit to the voters of each township affected, at a regular election to be held not less than 60 days after the plan is adopted, the question of approving the alteration or change.

    The alterations or changes, if approved by the voters, shall take effect on the date of the next township election and shall be applicable to that election.

    If there is doubt as to the township clerk with whom nomination papers for that election should be filed, the county board shall designate the clerk.

    In the alteration of boundaries, a county board may not disturb urban or coterminous townships in existence on October 1, 1978.

    (Source: P.A. 84-1308; 88-62.)”

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