(55 ILCS 5/Div. 5-31 heading) Division 5-31.
County Historical Museum Districts
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(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) (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) (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) (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) (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) (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) (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) (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) (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) (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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(55 ILCS 5/5-31011) (from Ch. 34, par. 5-31011)
Sec. 5-31011.
Preservation.
Every museum district
shall consider the preservation of natural conditions and protection of any
material which may help to establish or illustrate the history of the
county as part of its principal purpose and shall assist any cities, towns,
villages and institutions to preserve materials.
A museum district may dedicate the preservation of historical
buildings, monuments and markers so as not to conflict with national, State
or other local similar designations.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)
Sec. 5-31012. Powers of district. To the extent necessary to
carry out the purpose of this Division and in addition to any
other powers, duties and functions vested in museum districts by law, but
subject to limitations and restrictions imposed elsewhere by this
Division or other law, a museum district is authorized and empowered:
(a) To adopt bylaws, adopt and use a common seal, | ||
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(b) To make and publish all ordinances, rules and | ||
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(c) To study and ascertain the museum district | ||
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(d) To acquire by gift, devise, purchase, lease, | ||
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(e) To acquire any or all interest in real or | ||
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(f) To classify, designate, plan, develop, preserve, | ||
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(g) To accept gifts, grants, bequests, contributions | ||
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(h) To employ and fix the compensation of an | ||
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(i) To charge and collect reasonable fees for the use | ||
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(j) To police its property and to exercise police | ||
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(k) To lease land for a period not longer than 50 | ||
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(l) To lease any building or facility constructed, | ||
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(m) To make grants to not-for-profit historical | ||
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(Source: P.A. 100-695, eff. 8-3-18.)
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(55 ILCS 5/5-31013) (from Ch. 34, par. 5-31013)
Sec. 5-31013.
Transfer of property.
No personal or
real property may be disposed of, sold, conveyed or otherwise transferred
except upon approval of 3/5 of the district trustees.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31014) (from Ch. 34, par. 5-31014)
Sec. 5-31014.
Finance.
The fiscal year of each museum
district shall commence July 1 and extend through the following June 30.
The board of each museum district shall, on or before the second
Tuesday in September of each year, adopt a combined annual budget and
appropriation ordinance as provided in The Illinois Municipal Budget Law.
Except as otherwise provided in this Division, a museum
district may annually levy taxes at the following rates and for the
following purposes upon the value of the taxable property within the museum
district as equalized or assessed by the Department of Revenue:
(a) .01% for the general purposes of the museum district,
including acquisition and development of real property which may be in excess
of current requirements and allowed to accumulate from year to year,
to not more than .05% of the equalized assessed value of property within
the museum district.
(b) .01% for acquisition of historic properties both real and personal
which may be in excess of current requirements and allowed to accumulate
from year to year, to not more than .10% of the equalized assessed value of
the property within the museum district. However, this levy may be used
also for the development of real property and for the general purposes of
the museum district.
Unless otherwise provided by law, a museum district may
not levy annual taxes for all its purposes in the aggregate in excess of
.02% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property therein.
After the adoption of the appropriation ordinance and on or before the
second Tuesday in September of each year, the board shall ascertain the
total amount of the appropriations which are to be provided
from tax levies for the current year. Then, by an ordinance specifying
in detail the purposes for which such appropriations have been made and
the amounts appropriated for such purposes, the board shall levy
upon the taxable property within the museum district a tax the proceeds of
which shall not exceed the amount so ascertained. A certified copy of such
ordinance shall be filed on or before the first Tuesday in October with the
clerk of each county within the museum district.
However, if the museum district has levied such tax at a rate lower
than the maximum rate set forth in this Section, the board of trustees may
increase the rate of the tax, but not exceeding such maximum rate, by following the
procedures set forth above in this Section and then by certifying the
proposition of such increase to the proper election officials for
submission to the voters of the museum district at a regular election in
accordance with the general election law. The proposition shall be in
substantially the following form:
Shall the maximum rate of the tax levied by the County YES Historical Museum District for the purposes provided by the
County Historical Museum District Law be increased from ....... NO to .......(not to exceed .02%)?
If a majority of all the votes cast upon the proposition are in favor
thereof, the board of trustees may levy the tax at a rate not to exceed the
rate set forth in this Section.
(Source: P.A. 86-962 .)
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(55 ILCS 5/5-31015) (from Ch. 34, par. 5-31015)
Sec. 5-31015.
Donations.
Gifts, contributions and bequests of money
and all licenses, fees, charges and other revenue received or collected by
the museum district shall be deposited in the treasury of the museum
district to be used for the purchase of land, property and equipment and
the payment of expenses incurred in carrying out the activities of the
museum district, except that moneys given upon specified trust shall be
held and applied in accordance with such trust.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31016) (from Ch. 34, par. 5-31016)
Sec. 5-31016.
Indebtedness.
Whenever a museum district does not have
sufficient money in its treasury to meet all necessary expenses and
liabilities, it may issue tax anticipation warrants. Such issue of tax
anticipation warrants shall be subject to the provisions of Section 2 of
"An Act to provide for the manner of issuing warrants upon any county,
township, or other municipal corporation or quasi municipal corporation, or
of any farm drainage district, river district, drainage and levee district,
fire protection district and jurors' certificates", approved June 27, 1913,
as now or hereafter amended.
No museum district shall become indebted in any manner or for any purpose
in an amount, including existing indebtedness, in the aggregate exceeding
.25% of the value, as equalized or assessed by the Department of Revenue,
of the taxable property within the museum district.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31017) (from Ch. 34, par. 5-31017)
Sec. 5-31017. Historical buildings. Nothing in this Division shall
prohibit the museum district from appropriating funds as otherwise provided
in this Division for the construction, equipment, extension, improvement,
operation or maintenance of any historical building, monument or marker.
Provided, however, that any work performed on any historical building,
monument or marker listed on the National Register of Historic Places or
deemed eligible for such listing shall be conducted within such guidelines
as are established by the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
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(55 ILCS 5/5-31018) (from Ch. 34, par. 5-31018)
Sec. 5-31018.
Assistance.
A museum district may apply for and
receive the grant or loan of money or other financial aid necessary for the
undertaking, performance or execution of any of its purposes from any
department or agency of the State or federal government. A museum district
may undertake any of its activities aided by, in cooperation with, or as a
joint enterprise with any department or agency of the State or federal
government or any other museum district, forest preserve district,
conservation district, park district, school district, planning commission,
county board, municipality or other governmental unit.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31019) (from Ch. 34, par. 5-31019)
Sec. 5-31019.
Existing county museum tax levy.
Nothing in this
Division shall be construed to prohibit or modify existing tax levies for
county museums as authorized by Division 6-23.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31020) (from Ch. 34, par. 5-31020)
Sec. 5-31020.
Dissolution.
At least 5% of the voters of a museum
district which has been in existence for at least 3 years may file with
the circuit clerk of the county comprising the museum district or the
county within the museum district having the largest population a petition
addressed to the circuit court of the county requesting dissolution of the
museum district.
A hearing shall be held thereon as nearly as possible as in the case of a
formation petition. If upon the hearing, the court finds that the petition
is sufficient it shall certify the proposition to the proper election
officials, who shall submit the question to the voters at an election in
accordance with the general election law. The proposition shall be
substantially in the following form:
Shall the ...... YES Historical Museum District
be dissolved? NO
If a majority of the votes cast on the proposition are in favor of
dissolution, the court shall by order declare the museum district dissolved.
If the vote is not in favor of the dissolution of the museum district,
the proposition to dissolve the museum district shall not again be
submitted to a vote for a period of 3 years. If the vote is in favor of
dissolution of the museum district, the board shall close the affairs of
the museum district and all property, excluding real property, shall be
conveyed within 12 months to the Illinois State Museum or to such State or
county agency, State university, community college, private college or
other such semi-public, tax exempt, organization as the district trustees
shall designate upon the approval of the director of the Illinois State
Museum. Any remaining property may then be conveyed to the county board.
The Attorney General of the State of Illinois shall be responsible for the
enforcement of this Division and shall see that no liquidation of any
property acquired by any district established by this Division shall
violate these provisions.
All money remaining after the business affairs of the museum district
have been closed, and its debts and obligations have been paid, shall be
paid to the county comprising the museum district. If the museum district
is located in more than one county, then all such remaining money shall be
paid to each county on a pro rata basis of the assessed value of property
of the museum district located in each county. All conveyances of real
property shall be subject to the approval of the Illinois State Museum.
(Source: P.A. 86-962 .)
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(55 ILCS 5/5-31021) (from Ch. 34, par. 5-31021)
Sec. 5-31021.
Construction.
This Division shall be construed as
supplemental and in addition to existing statutory authority and as
providing an independent method of financing the cost of acquiring lands or
rights thereof and holding the same for historical purposes.
(Source: P.A. 86-962.)
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(55 ILCS 5/5-31022) Sec. 5-31022. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits if the district contains territory within only one county, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district. The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.
(Source: P.A. 98-1002, eff. 8-18-14.) |