(55 ILCS 5/5-31004) (from Ch. 34, par. 5-31004)
Sec. 5-31004.
Election.
(a) In any county having less than 1,000,000
population which is not organized as a forest preserve district
and in which the county board has not in any 3 of the past 5 years levied
taxes in support of an historical museum as authorized by Division 6-23,
at least 1% of the voters may file with the circuit clerk of the county a
petition addressed to the circuit court of the county requesting the
creation of a county historical museum district, the boundaries of which
shall be those of the county. At least 1% of the voters in each county of a
group of not more than 5 contiguous counties, each of which has less than
1,000,000 population and none of which is organized as a forest preserve
district and in none of which the county board has in any 3 of the past 5
years levied taxes in support of an historical museum as authorized by
Division 6-23, may jointly file with the circuit clerk of the county having
the largest population a petition addressed to the circuit court of the
county having the largest population requesting the creation of an
historical museum district, the boundaries of
which shall be those of the counties as a whole. If the museum district
shall embrace more than one county, the petition shall be accompanied by
the written approval of the Illinois State Museum. A museum district
composed of a single county shall be designated by the name of the county.
The circuit court of the county shall set the petition for hearing. The
petition shall set forth (1) a description of the territory to be embraced
in the proposed museum district, (2) the names of the municipalities
located within the area, (3) the name of the proposed museum district, (4)
the population of the museum district, and request that the question be
submitted to the electors residing within the limits of the proposed museum
district whether they will establish a museum district under this
Division to be known as .... Historical Museum District. The
petitioners in and by the petition shall designate one or more persons to
represent them on the petition, and in the proceedings thereon in the
circuit court, with authority to amend, to move to dismiss, or to withdraw
the petition. The circuit court shall set the petition for hearing within
not less than 30 nor more than 40 days after the filing of the petition
with the circuit clerk.
Notice shall be given by the circuit court of the time and place
where the hearing will be held, by publication on 3 separate days in one
or more newspapers having a general circulation within the territory
proposed to be incorporated as a museum district, the first of which
publications shall be not less than 20 days prior to the date set for
the hearing and if there is no such newspaper, then such notice shall be
posted in 10 of the most public places in such territory, not less than
20 days prior to the date set for the hearing. This notice shall include
a description of the territory as set out in the petition, names of
municipalities located therein and the name of the proposed museum district and
the question of creating such area into a museum district.
The filing fee on the petition and costs of printing and publication
or posting of notices of public hearing thereon shall be paid in advance
by the petitioners, and, if a museum district is organized under this
Division, they shall be reimbursed out of the funds received by
the museum district from taxation or other sources.
(b) The court may continue the hearing on the petition from time to time.
During the public hearing the petitioners may
move to amend the petition or to dismiss or to withdraw it,
and any such motion shall be allowed by the court. If such petition is
not dismissed or withdrawn, the court by written order shall find and
determine whether such territory meets the requirements of this
Division, and the sufficiency of the petition as filed or
amended, and of the proceedings thereon.
Should 2 or more petitions covering in part the same territory be
filed prior to the public hearing, such petitions shall be consolidated
for public hearing, and hearing upon the first petition which is filed
may be continued to permit the giving of notice of any such subsequent
petition or petitions. At the public hearing upon such petitions, the
petitioners in the petition first filed may move to amend such petition
to include any part of the territory described in the subsequent
petition or petitions, either as originally filed or as amended. Any
such motion shall be allowed by the court. The public hearing shall
proceed upon the first petition as originally filed or as so amended,
and further proceedings upon any such other petitions subsequently filed
shall be stayed and held in abeyance until the termination of all
proceedings upon the first petition, or any such petition may be
dismissed or withdrawn upon motion of the petitioners therein by their
representatives.
If such territory, petition and proceedings meet the requirements of
this Division, the court shall in, and by the order finding and
determining the sufficiency of the petition and that the territory meets
the requirements of this Division or by a separate order,
order the proposition submitted to referendum in accordance with the
general election law. The clerk of the circuit court shall certify the
order and the proposition to the appropriate election officials who shall
submit the proposition to the voters at an election in accordance with the
general election law.
(c) In addition to the requirements of the general election law,
notice of the referendum shall state briefly the purpose of the referendum
and shall include a description of the
territory. The notice shall further state that any such museum district
upon its establishment shall have the powers, objects and purposes provided
by this Division, including the power to levy a tax of not to
exceed .02 per cent of value, as equalized or assessed by the Department of
Revenue, of all taxable property within the area of the museum district.
Each legal voter residing within the territory shall have a right to cast a
ballot at such election. The proposition shall be in substantially the following form:
-------------------------------------------------------------- Shall the County Historical Museum District Law be adopted and the.... Historical Museum District be established? YES If established, the Museum District will have the powers, objects and purposes provided ---------------------- by the Law, including the power to levy a tax of not to exceed .02 per cent of the value NO of taxable property, as equalized or assessed by the Department of Revenue. -------------------------------------------------------------
The court shall cause the order
determining and declaring results of the election to be entered of record
in the court and a certified copy thereof shall be filed with
the circuit clerk of each such other county who shall cause the same to
be filed in the records of the court of such county.
(d) If a majority of the voters in any county voting upon the question
of the adoption of this Division and the establishment of a
museum district shall be favorable, the inhabitants thereof shall be deemed
to have accepted the provisions of this Division, and the
territory of the approving county or counties shall thenceforth be deemed
an organized museum district under this Division, having the
name stated in the petition which shall be evidenced by an order to be
entered of record by the court.
(Source: P.A. 86-962.)
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