Many people have been mystified for weeks as to how the various and conflicting CPAC incorporation proposals would play into the electoral process if the issue ever got to a ballot. At the May 8th CPAC presentation a lady asked how she would know which plan she would be voting on.
The basic answer is that she would not be voting on any plan. The question to registered voters would be whether or not to incorporate Candlewick as a city.
The following sample ballot is from CPAC’s website:
"SHALL THE TERRITORY DESCRIBED AS (LEGAL DESCRIPTION OF CANDLEWICK LAKE) BE INCORPORATED INTO A CITY?" Yes or No
The sample ballot approximates the sample found in the Illinois Municipal Code which is the controlling statute for matters regarding the incorporation of municipalities.
As you can see, the fundamental question is just Yes or No to incorporation.
CPAC also suggests including one optional ballot item concerning the number of aldermen. The Code allows cities to reduce the size of the city council through referendum. But beyond that, voters would not have a say regarding the proposed city’s structure, the scope of its power or its taxing authority.
The latest plan floated by CPAC describes a “shell” city which relies entirely upon state funding for support and only controls a building department and police presence. CPAC claims that no additional property taxes would be needed and CWL Association would remain in full control of all our assets.
But if the “minimalist government” plan now envisioned by CPAC would not actually be put to a vote, how would we know the city would stay within its shell? How would we be sure it would not try to exercise powers beyond the areas of policing and building code? Would we be assured it would not seek revenue from property taxes?
We wouldn’t.
We submitted the question to Pride’s municipal law attorneys whether the powers of a prospective city could be restricted in some manner prior to incorporation.
Our counsel’s response in part: “I have been reviewing the applicable statutes and doing a little case law research. I can find no City that limited itself prior to incorporation. In order to incorporate, they must do so pursuant to the Code, and then they get the powers that all Cities do upon being incorporated. …
Government Officials cannot bind the government to any agreement until that government is created….”
That comports with our own research and understanding on the issue. (for instance see 65 ILCS 5/2-2-12)
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt.+2+Div.+2&ActID=802&ChapAct=65%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=14&ChapterName=MUNICIPALITIES&SectionID=43195&SeqStart=10000000&SeqEnd=11600000&ActName=Illinois+Municipal+Code.
65 ILCS 5/2-2-12
Sec. 2-2-12. Cities incorporated under this Code shall be bodies politic and corporate under the name of "City of (name)," and under that name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for corporate purposes, have a corporate seal, changeable at pleasure, and exercise all the powers hereinafter conferred. (boldface added)
Randy Budreau