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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/5-30011
(55 ILCS 5/5-30011) (from Ch. 34, par. 5-30011)
Sec. 5-30011.
Authority of preservation commission.
Every preservation commission established by ordinance of the county board
pursuant to the report and recommendations of the preservation study
committee shall have the following powers and authority:
(1) To conduct an ongoing survey of the county to identify buildings,
structures, areas, sites and landscapes that are of historic, archaeological,
architectural, or scenic significance, and therefore potential landmarks
or preservation districts;
(2) To hold public hearings and recommend to the county board the
designation of landmarks or preservation districts identified in the survey;
(3) To compile information concerning and prepare descriptions of, the
landmarks or preservation districts identified and recommended for designation,
and the characteristics that meet the standards for designation;
(4) To prepare, keep current, and publish a map or maps showing the
locations and exact boundaries of both proposed and designated landmarks
and preservation districts, and, if the preservation commission so chooses,
the locations and boundaries of designated State or federal landmarks or
districts;
(5) To keep a register of all designated landmarks and preservation
districts;
(6) To establish an appropriate system of markers or plaques for all
designated landmarks and preservation districts, and for streets, roads and
highways leading from one landmark or preservation district to another and
to confer recognition upon the owners of landmarks or property within
preservation districts by means of certificates, plaques or markers;
(7) To nominate landmarks and historic districts to any state or federal
registers of historic places;
(8) To advise and assist owners of landmarks and property
within preservation
districts on physical and financial aspects of preservation, renovation,
rehabilitation and reuse, and on procedures for inclusion on any state or
federal register of historic places;
(9) To inform and educate the citizens of the county concerning the
historic, archaeological, architectural, or scenic heritage of the county
by publishing appropriate maps, newsletters, brochures and pamphlets, and
by holding programs and seminars;
(10) To hold public hearings and to review applications for construction,
alteration, removal or demolition affecting landmarks or property within
preservation districts and issue or deny certificates of appropriateness
for such actions;
(11) To consider applications for certificates of economic hardship that
would allow the performance of work for which a certificate of appropriateness
may be, or has been denied;
(12) To develop specific criteria and guidelines for the proper alteration,
construction, demolition or removal of landmarks, or of property within
preservation districts;
(13) To review proposed amendments to zoning regulations, applications
for special uses or applications for zoning variations that affect any landmark
or preservation district. Proposed zoning amendments, applications for special
use or zoning variations that affect any landmark or preservation district
as defined in the ordinance establishing the preservation commission shall
be transmitted to the preservation commission for review and comment prior
to the date of the hearing by the county regional plan commission or zoning
board of appeals;
(14) To administer on behalf of the county board any property, or full
or partial interest in real property, including a conservation right, which
the county may have or accept as a gift or otherwise, upon designation by
the county board;
(15) To accept and administer on behalf of the county board such gifts,
grants and money or other personal property as may be appropriate for the
purposes of this Division. Such money may be expended for
publishing maps and brochures, or for hiring staff persons or consultants
or performing otherwise appropriate functions for the purpose of carrying
out the duties and powers of the preservation commission and the purposes
of this Division;
(16) To administer any system established by the county board for the
transfer of development rights;
(17) To call upon available county agencies and staff members as well
as other experts for technical advice;
(18) To retain such specialists or consultants, or to appoint such citizen,
neighborhood or area advisory committees, as may be required from time to time;
(19) To testify before all boards and commissions including any county
regional plan commission, and the zoning board of appeal on any matter
affecting potential or designated landmarks or preservation districts;
(20) To periodically review any county comprehensive plan and to develop
a preservation component in any comprehensive plan of the county and to
recommend it to the county regional plan commission and the county board;
(21) To periodically consult with the county zoning administrator and
review any county zoning ordinance and building code
and to recommend to the county regional plan commission and the county
board any amendments appropriate for the protection and continued use of
landmarks or property within preservation districts;
(22) To adopt rules and procedures for operation of the preservation
commission and the conduct of hearings and meetings;
(23) To undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties, or to implementation of
the purposes of this Division.
(Source: P.A. 90-655, eff. 7-30-98.)
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55 ILCS 5/5-30012
(55 ILCS 5/5-30012) (from Ch. 34, par. 5-30012)
Sec. 5-30012.
Appointment of preservation commission.
The county board may by ordinance appoint a preservation commission
from names submitted by the presiding officers of the county board. The
preservation commission shall consist of at least five members. All members
shall be residents of the county and may be residents of incorporated cities,
villages and towns within the county. The chief executive officer of the
county board shall make every reasonable effort to nominate to the preservation
commission at least one attorney, one historian or architectural historian,
one architect/engineer and one real estate professional knowledgeable in
preservation, and the other members shall be persons with a demonstrated
interest in pre-history, history, or architecture. Terms of the initial
members shall be staggered so that at least five serve respectively for the
following terms: one for one year; one for two years; one for three years;
one for four years; and one for five years. Any additional initial members
shall also serve terms staggered in the same sequence. Successors to
initial members so appointed shall serve for five year terms. One of the
members so appointed shall be named as chairman at the time of appointment
and other officers may be elected by the preservation commission. Vacancies
shall be filled by the county board from names submitted by the presiding
officer of the county board. Any preservation commission member may be
removed by the county board for cause, after public hearing.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30013
(55 ILCS 5/5-30013) (from Ch. 34, par. 5-30013)
Sec. 5-30013.
Meetings of preservation commission.
Meetings of a preservation commission shall be held monthly,
except in those months when no business is pending, and shall
be held at such times and places within the county as the
preservation commission shall decide. All meetings shall be
open to the public. The preservation commission shall keep
minutes of its proceedings, showing the vote of each member
upon every question, or if absent or failing to vote, and
shall also keep records of its official actions.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30014
(55 ILCS 5/5-30014) (from Ch. 34, par. 5-30014)
Sec. 5-30014.
Nomination of landmarks and preservation
districts. The preservation commission or any
person may propose landmarks of preservation districts for designation by
the county board by filing a nomination with the preservation commission
and it shall contain all information required by the ordinance establishing
a county preservation commission. The preservation
commission shall schedule a hearing on the nomination within 60 days of its
receipt. Notice of the public hearing shall be published at least 15 days
in advance thereof in a newspaper of general circulation in the county.
Individual notice including a copy of the nomination form shall be given
by mail to all owners of record of property nominated as a landmark. Every
effort shall be made to give notice to owners of record of property within
a preservation district and to owners of property adjacent and immediately
surrounding a landmark or preservation district affected by the process for
the application for, and review of,
a certificate of appropriateness. The newspaper and any individual or general
notice shall state the date, time, place, and purpose of the public hearing.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30015
(55 ILCS 5/5-30015) (from Ch. 34, par. 5-30015)
Sec. 5-30015.
Conduct of public hearing.
Oral or written testimony
shall be taken at the public hearing from any person concerning the
nomination. The preservation commission may solicit expert testimony or
present its own evidence regarding the historic, archaeological,
architectural, or scenic significance of a proposed landmark or of any
property within a proposed preservation district. The owner of any proposed
landmark or of any property within a proposed preservation district shall
be allowed reasonable opportunity to present evidence regarding historic,
archaeological, architectural or scenic significance and shall be afforded
the right of representation by counsel and reasonable opportunity to cross
examine expert witnesses. The hearing shall be closed upon completion of
testimony.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30016
(55 ILCS 5/5-30016) (from Ch. 34, par. 5-30016)
Sec. 5-30016.
Recommendation of preservation commission.
Within 60
days following close of the public hearing, the preservation commission
shall make its determination upon the evidence whether the proposed
landmark or preservation district does or does not meet the criteria for
designation. A recommendation to the county board that the proposed
landmark or preservation district does or does not meet the criteria for
designation and should or should not be designated shall be passed by
resolution of the preservation commission, and such a recommendation shall
be accompanied by a report stating the findings of the preservation
commission concerning the historic, archaeological, architectural or scenic
significance of the proposed landmark or preservation district.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30017
(55 ILCS 5/5-30017) (from Ch. 34, par. 5-30017)
Sec. 5-30017.
Designation by ordinance; publication of map.
The county board, upon a recommendation
from the preservation commission that the proposed landmark or preservation
district should be designated, shall review the report and recommendations
of the preservation commission. The county board may schedule a public
hearing concerning the proposed designation and shall provide notice of any
public hearing in the same manner as provided in Section 5-30014 and
conduct the public hearing in the same manner as provided
in Section 5-30015. The county board after reviewing
the report and recommendation shall within 90 days from receipt of the
recommendation of the preservation commission take one of the following
steps: (1) designate the landmark or preservation district by ordinance;
(2) refer the report and recommendation back to the preservation commission
with suggestions for revisions and a further report and recommendation
stating its reason for such action. Notice of the action of the county
board including a copy of the ordinance designating the landmark or
preservation district shall be sent by regular mail to each owner of record
of a landmark or property within a preservation district and to owners of
adjacent and immediately surrounding property affected by the process for
the application for, and review of, a certificate of appropriateness. A map
showing the location of all designated landmarks and preservation districts
shall be published and amended upon each designation. Copies of the map
shall be available to the public at the office of the preservation
commission and at the same location and in the same manner as any county
zoning map.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30018
(55 ILCS 5/5-30018) (from Ch. 34, par. 5-30018)
Sec. 5-30018.
Certificate of appropriateness.
A certificate of
appropriateness from a preservation commission established pursuant to this
Division shall be required before any significant alteration, construction,
demolition or removal that affects pending or designated landmarks and
preservation districts is undertaken. Such a certificate is required for
all such actions from the date a nomination in proper form for designation
is submitted to the preservation commission. The preservation ordinance
enacted by the county board shall give the preservation commission one or
the other of the following powers:
(1) final authority to deny a certificate of appropriateness upon a finding
that the proposed action will adversely affect the historic, archaeological,
architectural, or scenic significance of a landmark or preservation
district; or (2) authority to delay the issuance of a certificate of
appropriateness for a reasonable period of time while negotiations between
the property owner and the preservation commission are undertaken to lessen
the effect of the proposed action on the historic, archaeological,
architectural, or scenic significance of the landmark or preservation
district. The preservation commission may hold a public hearing on an
application for a certificate of appropriateness in the same manner as
provided in Section 5-30014, and conduct the hearing
on appropriateness in the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30019
(55 ILCS 5/5-30019) (from Ch. 34, par. 5-30019)
Sec. 5-30019.
Certificate of economic hardship.
A certificate of economic hardship shall be issued by a preservation
commission established pursuant to this Division upon a
determination by it that the failure to issue a certificate
of appropriateness has denied, or will deny, the owner of a landmark or
of a property within a preservation district all reasonable use of, or return
on, the property. Application for a certificate of economic hardship shall
be made on a form and in a manner as prescribed by the preservation commission.
The preservation commission may schedule a public hearing concerning the
application and provide notice in the same manner as in Section 5-30014
and conduct the hearing concerning economic hardship in
the same manner as provided in Section 5-30015.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30020
(55 ILCS 5/5-30020) (from Ch. 34, par. 5-30020)
Sec. 5-30020.
Evidence of economic hardship.
An applicant for a
certificate of economic hardship may submit any or all of the following
information in order to assist a preservation commission in its
determination on the application:
(1) Amount paid for the property, the date of purchase and the party from
whom purchased, including a description of the relationship, if any, between
the owner of record or applicant and the person from whom the property was
purchased, and any terms of financing between seller and buyer;
(2) Assessed value of the property according to the two most recent
assessments;
(3) Real estate taxes for the previous two years;
(4) Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two years;
(5) All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership of
the property;
(6) Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(7) Any consideration by the owner as to profitable adaptive uses for
the property;
(8) If the property is income-producing, the annual gross income from
the property for the previous two years, itemized operating and maintenance
expenses for the previous two years, depreciation deductions and annual cash
flow before and after debt service, if any, during the same period;
(9) Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(10) Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, necessary to a
determination as to whether the property can be reasonably used or yield a
reasonable return to present or future owners.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30021
(55 ILCS 5/5-30021) (from Ch. 34, par. 5-30021)
Sec. 5-30021. Determination of economic hardship. The preservation
commission, upon a determination after review of all evidence and
information that the denial of a certificate of appropriateness has denied,
or will deny the owner of a landmark or of a property within a preservation
district of all reasonable use of, or return on, the property, shall
undertake one or the other of the following actions:
(1) offer the owner of the property reasonable | | financing, tax or other incentives sufficient to allow a reasonable use of, or return on, the property:
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(2) offer to purchase the property at a reasonable
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(3) issue a certificate of appropriateness for the
| | proposed construction, alteration, demolition or removal.
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(Source: P.A. 94-1055, eff. 1-1-07.)
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55 ILCS 5/5-30022
(55 ILCS 5/5-30022) (from Ch. 34, par. 5-30022)
Sec. 5-30022.
Appeals.
The final denial of a certificate of
appropriateness or a certificate of economic hardship by a preservation
commission is an administrative decision as defined in Section 3-101 of the
Administrative Review Law, and it shall be subject to judicial review
pursuant to provisions of said Administrative Review Law and all amendments
and modifications thereof, and the rules adopted thereto.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-31
(55 ILCS 5/Div. 5-31 heading)
Division 5-31.
County Historical Museum Districts
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55 ILCS 5/5-31001
(55 ILCS 5/5-31001) (from Ch. 34, par. 5-31001)
Sec. 5-31001.
Subtitle.
This Division shall be subtitled the County
Historical Museum District Law.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31002
(55 ILCS 5/5-31002) (from Ch. 34, par. 5-31002)
Sec. 5-31002.
Purpose.
The purpose of this
Division is to provide for the creation of county historical
museum districts to acquire real property and collect and curate materials
which help establish or illustrate the history of the county in such
aspects as its exploration, settlement, development, activities in peace
and war and progress in population, wealth, education, arts, science,
agriculture, manufactures, trade and transportation. The museum district
shall collect: printed material such as histories, genealogies, biographies,
descriptions, gazetteers, directories, newspapers, pamphlets, catalogues,
circulars, handbills, programs and posters; manuscripts such as
letters, diaries, journals, memoranda, reminiscences, rosters, service records,
account books, charts, surveys and field books; and other museum material
such as pictures, photographs, paintings, portraits, scenes, aboriginal
relics and objects.
The museum district shall provide for the preservation of and public access
to such materials for examination and study; shall cooperate in ensuring
the preservation and accessibility of the records and archives of the
county and its cities, towns, villages, and institutions; and shall assist
in ensuring the preservation of historical buildings, monuments and markers.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31003
(55 ILCS 5/5-31003) (from Ch. 34, par. 5-31003)
Sec. 5-31003.
Definitions.
As used in this
Division unless the context otherwise requires:
(a) "museum district" means a museum district organized under this Division.
(b) "board" means the board of trustees of a museum district.
(c) "trustee" means a trustee of a museum district.
(d) "political party" means a political party as defined in Section 7-2
of The Election Code.
(e) "political office" means any office to which a person is elected or
appointed to discharge a public duty for the State or any of its political
subdivisions and which is established and the qualifications and
duties for which are prescribed by law.
(f) "development of real property" means the construction, installation,
planting or creation of any permanent improvement of real property in which
a museum district has or has taken steps to acquire an interest.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31004
(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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55 ILCS 5/5-31005
(55 ILCS 5/5-31005) (from Ch. 34, par. 5-31005)
Sec. 5-31005.
Board of trustees.
The affairs of a museum district
shall be managed by a board of 5 trustees. If the museum district is
composed of one county, the trustees shall be residents of the county. If
the museum district is composed of 2 counties, 3 trustees shall be
residents of the county with the larger population and 2 shall be residents
of the other county. If the museum district is composed of 3 counties, one
trustee shall be a resident of the county with the smallest population and
the remaining trustees shall be residents 2 each of the other counties. If
the museum district is composed of 4 counties, 2 trustees shall be
residents of the county with the largest population and the remaining
trustees shall be residents one each of the other counties. If the museum
district is composed of 5 counties, one trustee shall be a resident of each
county.
The chairman of the county board for the county of which the trustee is
a resident shall, with the consent of the county board, appoint
the first trustees who shall hold office for terms expiring on June 30
after one, 2, 3, 4 and 5-year periods respectively as determined
by lot. Successor trustees shall be appointed in the same manner no later
than June 1 prior to the commencement of their terms. Trustees shall be
selected on the basis of their demonstrated interest in
the purpose of the museum district.
Each successor trustee shall serve for a term of 5 years. A vacancy
shall be filled for the unexpired term by appointment of a trustee by the
county board chairman of the county of which the trustee shall be a
resident, with the approval of the county board of that county. When any
trustee during his term of office shall cease to be a bona fide resident of
the museum district, he is disqualified as a trustee and his office becomes
vacant.
Trustees shall serve without compensation but may be paid their actual
and necessary expenses incurred in the performance of official duties.
A trustee may be removed for cause by the county board chairman for the
county of which the trustee is a resident, with the approval of the county
board of that county, but every such removal shall be by a written order
which shall be filed with the county clerk.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31006
(55 ILCS 5/5-31006) (from Ch. 34, par. 5-31006)
Sec. 5-31006.
Organization of board.
Within 60 days after their
appointment, the trustees shall organize by selecting from their number a
president, secretary, treasurer and such other officers as are deemed
necessary who shall hold office for the fiscal year in which elected and
until their successors are selected and qualified. Three trustees shall
constitute a quorum of the board for the transaction of business. The
board shall hold regular monthly meetings. Special meetings may be called
by the president and shall be called on the request of a majority of members.
The board shall provide for the proper and safe keeping of its permanent
records and for the recording of the corporate action of the museum district.
It shall keep in order proper systems of accounts showing a true and accurate
record of its receipts and disbursements, and it shall cause an annual audit
to be made of its books, records, and accounts.
The museum district shall annually make a full and complete report to the
county board of each county within the museum district and to the Illinois
State Museum of its transactions and operations for the preceding year.
Such report shall contain a full statement of its receipts, disbursements
and the program of work for the period covered, and may include such
recommendations as may be deemed advisable.
Executive or ministerial duties may be delegated to one or more trustees
or to an authorized officer, employee, agent, attorney or other
representative of the museum district.
All officers and employees authorized to receive or retain the custody
of money or to sign vouchers, checks, warrants or evidences of indebtedness
binding upon the museum district shall furnish a surety bond for the faithful
performance of their duties and the faithful accounting for all moneys that
may come into their hands in an amount to be fixed and in a form to be approved
by the board.
All contracts for supplies, materials or work involving an expenditure in
excess of $4,000 shall be let to the lowest responsible bidder after due
advertisement except work requiring personal confidence or necessary
supplies under the control of monopolies where competitive bidding is
impossible. All contracts for supplies, materials or work shall be signed
by the president of the board and by any such other officers as the board
in its discretion may designate.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31007
(55 ILCS 5/5-31007) (from Ch. 34, par. 5-31007)
Sec. 5-31007.
Funds.
The board of any museum district, when
requested by the treasurer, shall designate a bank, banks or other
depository in which the funds received by the treasurer may be placed.
Each designated depository shall furnish the museum district with
a copy of all statements of resources and liabilities which it is required
to furnish to the Commissioner of Banks and Real Estate
or to the Comptroller of the Currency. No bank is qualified to receive museum
district funds until it has furnished the museum district with copies of the 2
most recent statements.
The treasurer of the museum district shall be discharged from responsibility
for all funds while they are in a designated bank or
depository, except that the amount of such deposits shall not exceed 75%
of the capital stock and surplus of such bank or depository. The treasurer
shall not be discharged from responsibility for any funds deposited
in excess of such limitation.
When a bank has been designated as a depository it shall continue as such
until 10 days after a new depository is designated and is qualified.
When a new depository is designated, the museum district shall notify the
sureties of the treasurer of that fact in writing at least 5 days before
the transfer of funds.
(Source: P.A. 89-508, eff. 7-3-96.)
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55 ILCS 5/5-31008
(55 ILCS 5/5-31008) (from Ch. 34, par. 5-31008)
Sec. 5-31008.
Ordinances.
All ordinances of the board
imposing any penalty or making any appropriations shall be published at
least once a week for 2 weeks in at least one general circulation newspaper
published in the museum district. If no newspaper of general circulation is
published in the museum district, copies of such ordinances shall be posted
in at least 15 conspicuous public places in the museum district. No such
ordinance shall take effect until 10 days after it is so published or
posted. All other ordinances and resolutions shall take effect from and
after their passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of their publication
may be proven in court by the certificate of the secretary under the seal
of the museum district and, when printed in book or pamphlet form and
purporting to be published by the museum district, such book or pamphlet
shall be received as evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book or pamphlet.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31009
(55 ILCS 5/5-31009) (from Ch. 34, par. 5-31009)
Sec. 5-31009.
Judicial effect.
The courts of this State
shall take judicial notice of the existence of a museum district
and its jurisdiction. A museum district shall constitute a body corporate
and public and as such may sue and be sued.
(Source: P.A. 86-962.)
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55 ILCS 5/5-31010
(55 ILCS 5/5-31010) (from Ch. 34, par. 5-31010)
Sec. 5-31010.
Consultation.
Every museum district
shall seek the guidance of and consult with the Illinois State Museum and
related agencies on all matters relating to preservation and restoration
policies and plans.
(Source: P.A. 86-962.)
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