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Illinois Compiled Statutes
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COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/Div. 5-30
(55 ILCS 5/Div. 5-30 heading)
Division 5-30.
County Historic Preservation
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55 ILCS 5/5-30001
(55 ILCS 5/5-30001) (from Ch. 34, par. 5-30001)
Sec. 5-30001.
Subtitle.
This Division shall be subtitled the
"Illinois County Historic Preservation Law".
(Source: P.A. 86-962.)
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55 ILCS 5/5-30002
(55 ILCS 5/5-30002) (from Ch. 34, par. 5-30002)
Sec. 5-30002.
Declaration of purpose.
The purpose of
this Division is to identify, protect, preserve, and provide for the
restoration, rehabilitation and continued use of buildings, structures,
objects, areas, sites, and landscapes that are of historic, archaeological,
architectural or scenic significance; to foster education, interest and
pride in the beauty and accomplishments of the past; to promote economic
development through protection and enhancement of resources important to
tourism and business; to conserve and improve the value of real property
and the property tax base; to insure orderly, efficient and harmonious
development; to encourage cooperation between municipalities and counties;
and to promote the general welfare.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30003
(55 ILCS 5/5-30003) (from Ch. 34, par. 5-30003)
Sec. 5-30003.
Definitions.
As used in this Division, the
following terms shall have the meanings ascribed to them as follows:
"Alteration". Any act or process that changes
one or more historic, architectural or physical features of an area, site,
landscape, place or structure, including, but not limited to, the erection,
construction, reconstruction, or removal of any structure; the expansion
or significant modification of agricultural activities; surface mining;
and clearing, grading or other modification of an area, site or landscape
that changes its current or natural condition.
"Architectural significance". Embodying the distinctive characteristics
of a type, period, style or method of construction or use of indigenous
construction, or representing the work of an important builder, designer,
architect, or craftsman who has contributed to the development of the
community, county, State or country.
"Archaeological significance". Importance as an area, site, place or
landscape that has yielded or is likely to yield information concerning
past patterns of human settlement, or artifacts or information concerning
previous cultures in Illinois or previous periods of the present culture.
Areas, sites or landscapes of archaeological significance may include, but
are not limited to, aboriginal mounds, forts, earthworks, burial grounds,
historic or prehistoric ruins, locations of villages, mine excavations or
tailings, or other locations.
"Building". Any structure designed or constructed for residential,
commercial, industrial, agricultural or other use.
"Certificate of Appropriateness". A certificate issued by a preservation
commission indicating its approval of plans for alteration, construction,
demolition, or removal affecting a nominated or designated landmark or property
within a nominated or designated preservation district.
"Certificate of Economic Hardship". A certificate issued by a Preservation
Commission authorizing an alteration, construction, removal or demolition
even though a Certificate of Appropriateness has previously been denied
or may be denied.
"Commissioners". Members of a Preservation Commission.
"Conservation Right". A term that includes easements, covenants, deed
restrictions or any other type of less than full fee simple interest as
that term is defined in Section 1 of "An Act relating to conservation
rights in real property", approved September 12, 1977, as amended.
"Construction". The act of adding an addition to a structure or the erection
of a new principal or accessory structure on a lot or property.
"Demolition". Any act or process which destroys in part or in whole a
landmark or a building or structure within a preservation district.
"Design Criteria". A standard of appropriate activity that will preserve
the historic, architectural, scenic or aesthetic character of a landmark
or preservation district.
"Development Rights". The development rights of a landmark or of a property
within a preservation district as defined in Section 11-48.2-1A of the Illinois
Municipal Code.
"Development Rights Bank". A reserve for the deposit of development rights
as defined in Section 11-48.2-1A of the Illinois Municipal Code.
"Exterior Architectural Appearance". The architectural character and general
composition of the exterior of a building or structure, including but not
limited to the kind, color and texture of the building material and the
type, design and character of all windows, doors, light fixtures, signs
and appurtenant elements.
"Historic Significance". Character, interest or value as part of the
development, heritage, or culture of the community, county, State or
country; as the location of an important local, county, State or national
event; or through identification with a person or persons who made
important contributions to the development of the community, county,
State or country.
"Landmark". A property or structure designated as a "Landmark" by ordinance
of a county board, pursuant to procedures prescribed herein, which is worthy
of rehabilitation, restoration, or preservation because of its historic or
scenic or architectural significance.
"Landscape". A natural feature or group of natural features such as, but
not limited to, valleys, rivers, lakes, marshes, swamps, forests, woods,
or hills; or a combination of natural features and buildings, structures,
objects, cultivated fields, or orchards in a predominantly rural setting.
"Object". Any tangible thing, including any items of personal property,
including, but not limited to, wagons, boats, and farm machinery, that may
be easily moved or removed from real property.
"Owner of Record". The person or corporation or other legal entity in whose
name the property appears on the records of the County Recorder.
"Preservation District". An area designated as a "preservation district"
by ordinance of a county board and which may contain within definable
geographic boundaries one or more landmarks and which may have within its
boundaries other properties, areas, sites, landscapes or structures which,
while not of such historic or architectural or scenic significance to be
designated as landmarks, nevertheless contribute to the overall visual
characteristics of the landmark or landmarks located within the district.
"Preservation Ordinance". An ordinance enacted by a county board pursuant
to this Division that provides for the nomination, designation,
and protection of landmarks or preservation districts, and that contains,
at a minimum, the elements required by Section 5-30009.
"Removal". Any relocation of a structure, object or artifact on its site
or to another site.
"Repair". Any change that is not construction, alteration, demolition,
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
"Scenic Significance". Importance as a result of appearance or character
that remains relatively unchanged from and embodies the essential appearance
related to a culture from an earlier historic or prehistoric period; as
a result of a unique location, appearance, or physical character that creates
an established or familiar vista or visual feature; or as a geologic or
natural feature associated with the development, heritage or culture of
the community, county, State or nation.
"Site". The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of a
person, persons, group, or tribe, including but not limited to, cemeteries,
burial grounds, campsites, battlefields, settlements, estates, gardens,
groves, river crossings, routes, trails, caves, quarries, mines or
significant trees or other plant life.
"Structure". Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including (but without
limiting the generality of the foregoing) barns, smokehouses, advertising
signs, billboards, backstops for tennis courts, bridges, fences, pergolas,
gazebos, radio and television antennae, solar collectors, microwave
antennae, including supporting towers, roads, ruins or remnants (including
foundations), swimming pools or walkways.
"Survey". The systematic gathering of information on the architectural,
historical, scenic, and archaeological significance of buildings, sites,
structures, areas, or landscapes through visual assessment in the field
and historical research, for the purpose of identifying landmarks or districts
worthy of preservation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30004
(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve landmarks and
preservation districts. The county board of each county
shall have the following authority:
(1) to establish and appoint by ordinance a | | preservation study committee and to take any reasonable temporary actions to protect potential landmarks and preservation districts during the term of an appointed preservation study committee;
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(2) to establish and appoint by ordinance a
| | preservation commission upon recommendation of a preservation study committee;
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(3) 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;
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(4) to designate by ordinance landmarks and
| | preservation districts upon the recommendation of a preservation commission and to establish a system of markers, plaques or certificates for designated landmarks and preservation districts;
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(5) to prepare maps showing the location of landmarks
| | and preservation districts, publish educational information, and prepare educational programs concerning landmarks and preservation districts and their designation and protection;
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(6) to exercise any of the powers and authority in
| | relation to regional planning and zoning granted counties by Divisions 5-12 and 5-14, for the purpose of protecting, preserving, and continuing the use of landmarks and preservation districts;
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(7) to nominate landmarks and historic districts to
| | any state or federal registers of historic places;
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(8) to appropriate and expend funds to carry out the
| | purposes of this Division;
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(9) to review applications for construction,
| | alteration, removal or demolition affecting landmarks or property within preservation districts;
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(10) to acquire by negotiated purchase any interest
| | including conservation rights in landmarks or in property within preservation districts, or property immediately adjacent to or surrounding landmarks or preservation districts;
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(11) to apply for and accept any gift, grant or
| | bequest from any private or public source, including agencies of the federal or State government, for any purpose authorized by this Division;
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(12) to establish a system for the transfer of
| | development rights including, as appropriate, a mechanism for the deposit of development rights in a development rights bank, and for the transfer of development rights from that development rights bank in the same manner as authorized for municipalities by Section 11-48.2-2 of the Illinois Municipal Code. All receipts arising from the transfer shall be deposited in a special county account to be applied against expenditures necessitated by the county program for the designation and protection of landmarks and preservation districts. Any development rights acquired, sold or transferred from a development rights bank, shall not be a "security" as that term is defined in Section 2.1 of the Illinois Securities Law of 1953, and shall be exempt from all requirements for the registration of securities.
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(13) to establish a loan or grant program from any
| | source of funds for designated landmarks and preservation districts and to issue interest bearing revenue bonds or general obligation bonds pursuant to ordinance enacted by the county board, after compliance with requirements for referendum, payable from the revenues to be derived from the operation of any landmark or of any property within a preservation district;
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(14) to abate real property taxes on any landmark or
| | property within a preservation district to encourage its preservation and continued use or to provide relief for owners unduly burdened by designation;
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(15) to advise and assist owners of landmarks and
| | property within preservation districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse;
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(16) to advise cities, villages, or incorporated
| | towns, upon request of the appropriate official of the municipality, concerning enactment of ordinances to protect landmarks or preservation districts;
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(17) to exercise within the boundaries of any city,
| | village, or incorporated town any of the powers and authority granted counties by this Division so long as the corporate authorities by ordinance or by intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, or pursuant to Article VII, Section 10 of the Constitution of the State of Illinois have authorized the county preservation commission established by authority of this Division to designate landmarks or preservation districts within its corporate boundaries, and such county preservation commission shall have only those powers, duties, and legal authority provided in this Division;
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(18) to exercise any of the above powers to preserve
| | and protect property owned by any unit of local government including counties, or to review alteration, construction, demolition, or removal undertaken by any unit of local government including counties that affect landmarks and preservation districts.
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(19) to exercise any other power or authority
| | necessary or appropriate to carrying out the purposes of this Division, including those powers and authorities listed in Sections 5-30010 and 5-30011.
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(Source: P.A. 101-81, eff. 7-12-19.)
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55 ILCS 5/5-30005
(55 ILCS 5/5-30005) (from Ch. 34, par. 5-30005)
Sec. 5-30005.
Appointment of preservation study committee.
Prior to
the establishment of a preservation commission the county board shall by
ordinance or resolution appoint from nominations submitted by the chief
executive officer of the county board a preservation study committee to
investigate the power and authority that can be given to a preservation
commission, and to prepare a report to the county board including a
recommendation concerning the need for a preservation ordinance.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30006
(55 ILCS 5/5-30006) (from Ch. 34, par. 5-30006)
Sec. 5-30006.
Composition and term of preservation study committee.
The preservation study committee shall consist of from 5 to 9 members who
shall be residents of the county or of any incorporated municipality within
it. Among the members of the study committee shall be at least one
representative of the county historical museum, if any; one representative
of a volunteer historical society or organization concerned with
preservation in unincorporated areas in the county; one member from an
existing municipal landmark or historic preservation commission, if any, in
the county; and a representative of the county regional planning
commission, if any. The chief executive officer of the county board shall
appoint a chairman from among the members of the study committee, and shall
make every reasonable effort to nominate persons with a demonstrated
interest in prehistory, history, or architecture as the remaining members
of the study committee. The preservation study committee shall be
appointed for a reasonable period of time not to exceed one year.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30007
(55 ILCS 5/5-30007) (from Ch. 34, par. 5-30007)
Sec. 5-30007.
Compensation, expenses and funds.
The county board may
compensate the study committee on a per diem or per meeting basis with a
mileage allowance for travel, and may appropriate to the study committee
from any funds under its control and not otherwise appropriated, such sum
as the county board may deem proper to fulfill the work of the study committee.
The study committee shall have the authority:
(1) to employ such planning, legal or other assistance as it may deem
necessary;
(2) with the concurrence of the county board to accept, receive and expend
funds, grants and services from the federal government, or its agencies;
from departments, agencies and instrumentalities of the State and local
governments; from private or public foundations; or from other sources;
(3) to contract with respect to any funds, grants or services from whatever
sources derived;
(4) to provide such information and reports as may be necessary to secure
financial aid.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30008
(55 ILCS 5/5-30008) (from Ch. 34, par. 5-30008)
Sec. 5-30008.
Authority of preservation study committee.
The
study committee shall have the following authority:
(1) to review and evaluate any existing State, county or local surveys
and to undertake a preliminary survey of incorporated and unincorporated
portions of the county in order to determine generally the number, type
and location of potential landmarks and historic districts;
(2) on the basis of the survey, to determine the need for establishment
of a preservation commission to recommend the designation of landmarks or
preservation districts, and to review construction, alteration, demolition
and removal affecting designated landmarks and preservation districts;
(3) upon a determination and recommendation that a preservation commission
should be established, to either recommend specific landmarks and preservation
districts that should be designated by an ordinance establishing a preservation
commission, or recommend a process for continuous and systematic survey
of the county to identify and designate landmarks and preservation districts
as part of an ordinance to establish a preservation commission;
(4) to prepare or cause to be prepared, an ordinance for the
establishment of a preservation commission and for the designation and
protection of landmarks and preservation districts;
(5) to recommend incentives to encourage the preservation, rehabilitation,
restoration, and continued use of landmarks or property within preservation
districts;
(6) to report to the county board within a reasonable period of time
concerning these and any other matters affecting the preservation of
buildings, structures, areas, sites and landscapes that are of historic,
archaeological, architectural, or scenic significance.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30009
(55 ILCS 5/5-30009) (from Ch. 34, par. 5-30009)
Sec. 5-30009.
Presentation of preservation study committee
report; termination of committee. The report and
recommendations of the study committee,
including the proposed preservation ordinance upon a recommendation that a
preservation commission should be established, shall be submitted for
review and comment to the county board; the county regional planning
commission, if any; the county historical museum, if any; each existing
municipal landmark or historic preservation commission
in the county; and the Department of Natural Resources. Copies of the
report shall be available at the county courthouse and offices of the county
board and county regional planning commission. The county board, or the
study committee or the county regional planning commission upon authorization
of the county board, shall, within 60 days after submission, hold public
hearings in at least 2 locations within the county and shall afford all
persons interested an opportunity to be heard. Notice of each hearing shall
be published at least 15 days in advance thereof in a newspaper of general
circulation in the county. Such notice shall state the time and place of
the hearing and the place where copies of the report and recommendations
will be available for examination. Within 45 days after the final adjournment
of such hearings the study committee shall make a final report and
recommendations and submit the final proposed preservation ordinance to the
county board. The county board after reviewing the report, recommendations
and proposed preservation ordinance shall within 60 days take one of the
following steps: (1) accept the report and enact the ordinance without
major substantive changes; (2) refer the report and proposed ordinance back
to the study committee with suggestions for further amendments and
revisions for consideration by the preservation study committee and a
further report and recommended ordinance within 60 days; or (3) reject the
report, recommendations and proposed ordinance by resolution stating its
reasons for such action.
The preservation study committee shall cease to exist following the
completion, presentation or filing of its final report and recommendations
with the county board and final action by the board upon the report and
recommendations.
(Source: P.A. 89-445, eff. 2-7-96.)
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55 ILCS 5/5-30010
(55 ILCS 5/5-30010) (from Ch. 34, par. 5-30010)
Sec. 5-30010.
Minimum content of preservation ordinance.
Every
preservation ordinance proposed by a preservation study
committee and enacted by a county board pursuant to this Division is
required, at a minimum, to contain the following elements:
(1) Establishment of a preservation commission;
(2) Standards or criteria for determining the historic archaeological,
architectural, or scenic significance of buildings, structures, objects,
areas, sites or landscapes; and procedures for recommending designation by
ordinance of landmarks or preservation districts;
(3) Definitions of important words and phrases used in the ordinance;
(4) Procedures for the appointment of officers and the succession of
preservation commission members;
(5) Procedures for review by the preservation commission of proposed zoning
amendments, variations and special use applications submitted to a county
regional planning commission or board of appeals;
(6) Procedures and general criteria for review by the preservation
commission of significant alteration, construction, demolition and removal
that affects pending and designated landmarks and preservation districts
and for the issuance of certificates of appropriateness;
(7) Procedures for establishing guidelines interpreting the general criteria
for review of actions required by paragraph (6) above as those criteria
relate to specific designated landmarks or categories of designated landmarks,
and to designated preservation districts;
(8) Procedures and standards for a property owner to demonstrate the
economic hardship from the denial of an application for an alteration,
construction, demolition or removal, and for lessening the effect of any
denial determined by a preservation commission or a county board to deny a
property owner all reasonable use of, or a return on, a landmark or
property within a preservation district;
(9) Fees for the filing of any nomination or application and penalties
for the violation of any provisions of the preservation ordinance.
(Source: P.A. 86-962.)
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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
| | price or institute eminent domain proceedings pursuant to the Eminent Domain Act; or
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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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55 ILCS 5/5-31011
(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
(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, | | enter into contracts, acquire and hold real and personal property and take such other actions as may be necessary for the proper conduct of its affairs.
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(b) To make and publish all ordinances, rules and
| | regulations necessary for the management and protection of its property and the conduct of its affairs.
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(c) To study and ascertain the museum district
| | artifacts and other materials, the need for preserving such resources and providing such facilities and the extent to which such needs are currently being met, and to prepare and adopt coordinated plans to meet such needs.
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(d) To acquire by gift, devise, purchase, lease,
| | agreement or otherwise the fee or any lessor right or interest in real and personal property, and to hold the same with public access for those who wish to examine or study it. The museum district may accept the transfer of any real or personal property owned or controlled by the State of Illinois, the county board, or the governing body of any municipality, district or public corporation and not devoted or dedicated to any other inconsistent public use. In acquiring or accepting land or rights thereto, the museum district shall give due consideration to its historical value or county significance, and no real property shall be acquired or accepted which in the opinion of the museum district and the Illinois State Museum is of low value as to its proposed use.
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(e) To acquire any or all interest in real or
| | personal property by a contract for purchase providing for payment in installments over a period not to exceed 10 years with interest on the unpaid balance owing not to exceed an amount calculated pursuant to the provisions of "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended. The indebtedness incurred under this subsection when aggregated with existing indebtedness may not exceed the debt limits provided in Section 5-31016.
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(f) To classify, designate, plan, develop, preserve,
| | administer and maintain all areas and facilities in which it has an interest and to construct, reconstruct, alter, renew, equip and maintain buildings and other structures. Any work performed on any building, appurtenance, structure or area listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources.
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(g) To accept gifts, grants, bequests, contributions
| | and appropriations of money and personal property for museum district purposes.
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(h) To employ and fix the compensation of an
| | executive officer who shall be responsible to the board for the implementation of its policies. The executive officer shall have the power, subject to the approval of the board, to employ and fix the compensation of such assistants and employees as the board may consider necessary for the implementation of this Division.
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(i) To charge and collect reasonable fees for the use
| | of such facilities, privileges and conveniences as may be provided.
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(j) To police its property and to exercise police
| | powers in respect thereto or in respect to the enforcement of any rule or regulation provided by its ordinances.
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(k) To lease land for a period not longer than 50
| | years to a responsible person, firm, or corporation for construction, reconstruction, alteration, development, operation and maintenance of buildings, roads, and parking areas. Any work performed on any leased building, structure, appurtenances or area which is listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources. Upon expiration of any lease of land under this subsection, title to all structures on the leased land shall be vested in the museum district.
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(l) To lease any building or facility constructed,
| | reconstructed, altered, renewed, equipped, furnished, extended, developed, and maintained by the museum district to a responsible person, firm or corporation for operation or development or both, and maintenance for a period not longer than 20 years. Development, maintenance or both of any building, structures, appurtenances or area which is listed on the National Register of Historic Places or deemed eligible for such listing shall be performed within such guidelines as are established by the Department of Natural Resources.
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(m) To make grants to not-for-profit historical
| | clubs, organizations or groups within the county.
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(Source: P.A. 100-695, eff. 8-3-18.)
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55 ILCS 5/5-31013
(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
(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
(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
(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
(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
(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
(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
(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
(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 (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.) |
55 ILCS 5/Div. 5-32
(55 ILCS 5/Div. 5-32 heading)
Division 5-32.
Local Improvements
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55 ILCS 5/5-32001
(55 ILCS 5/5-32001) (from Ch. 34, par. 5-32001)
Sec. 5-32001.
Right to make local improvements.
Any county may make
a local improvement outside of a municipality, as defined in Section 1-1-2
of the "Illinois Municipal Code", whenever the public necessity requires
such improvement, subject only to the limitations prescribed in this
Division. This Division shall not be construed as repealing any other laws
with respect to county government, but shall be considered as an additional
grant of power for the purposes herein set out. Any number of streets,
avenues, lanes or alleys, sidewalks, or any other public places, or parts
thereof, or private roads or streets, in platted subdivisions of the county
to be improved may be included in one proceeding, as provided in this
Division, even though they may be intersected by previously improved
streets, avenues, roads or alleys which are not included in the proceeding,
where they are contiguous or part of a connected system with reciprocal
benefits. This Division shall not be construed to limit the powers of
municipalities contained in Article 11 of the Illinois Municipal Code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32002
(55 ILCS 5/5-32002) (from Ch. 34, par. 5-32002)
Sec. 5-32002.
Definitions.
In this Division the following terms have
the meanings ascribed to them unless the context indicates otherwise:
"Local improvements" means the constructing, installing, improving or
extending of storm sewers, sanitary sewers or water mains; the improving,
widening, extending or repairing of any street, highway, road,
boulevard, alley, sidewalk or other public way; the constructing,
installing or repairing of curbs, gutters, street lights and all necessary
appurtenances thereto; or any combination thereof, within or abutting on
any platted subdivision either prior to or after any structures are placed
within such platted subdivision.
"Platted subdivision" is any described tract of land which has been
divided into 2 or more lots or parcels which involved the creation of a new
street and which has been recorded.
"County" means any county in this State which is not a home rule unit.
"Attorney" means the attorney employed by the county committee
of local improvements to furnish the necessary legal services in connection
with any local improvement to be constructed under this Division.
"Engineer" means the engineer employed by the county committee
of local improvements to prepare the necessary plans, estimates and
specifications, and supervise construction of any local improvement to be
constructed under this Division.
"Committee" means the Committee of Local Improvements created by this
Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32003
(55 ILCS 5/5-32003) (from Ch. 34, par. 5-32003)
Sec. 5-32003.
Committee of local improvements.
There is created the
Committee of Local Improvements consisting of the presiding officer of the
County Board, or some person designated by him as his representative for
the purposes of this Committee, the county engineer or superintendent of
highways or administrative head of the county department
of public works as determined by such presiding officer, and 3 members of
the County Board appointed by the presiding officer of the county board
with the advice and consent of the county board. The Committee shall elect
from its members a president, except that the Chairman or President of the
County Board, or his representative, as the case may be is prohibited from
serving in that capacity. The county board shall provide by resolution for
compensation not to exceed $15 per day for each member while performing his
duties as a member of the Committee. The Committee may employ a secretary
who shall keep the minutes of the Committee's proceedings and be the
custodian of all papers pertaining to the business of the Committee and
shall perform all other duties the Committee prescribes.
(Source: P.A. 86-962; 87-217.)
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55 ILCS 5/5-32004
(55 ILCS 5/5-32004) (from Ch. 34, par. 5-32004)
Sec. 5-32004.
Origination of local improvements.
The Committee may
originate a local improvement as defined in this Division anywhere in the
county outside of a municipality, as defined in Section 1-1-2 of the
"Illinois Municipal Code", as amended, such improvement to be paid for by
special assessment, either with or without a petition, by the adoption of a
resolution describing the local improvement abutting or within the platted
subdivision to be so improved. This resolution shall be at once transcribed
into the records of the Committee and shall be presented to the members of
the county board at any regularly scheduled meeting accompanied by a
recommendation from the Committee for the adoption of a resolution by the
county board describing the public way to be so improved.
A resolution adopted without a petition shall be revoked by the county
board without further action on the improvement sought if the owners of
record of more than one-half of the property abutting on or within any
platted subdivision located outside the boundaries of a municipality
object, by petition, by individual objections in writing, or by a
combination of petitions and individual objections. Objections and
petitions against an improvement shall be filed within 30 days of
notification to the owners of record of the assessment.
Proceedings to make a local improvement also may be instituted whenever
the owners of record of one-half the property abutting on or within any
platted subdivision located outside the boundaries of a municipality,
petitions the Committee of the county for a local improvement thereon. The
Committee shall present such petition to the members of the county board at
a regularly scheduled meeting, and recommend the adoption of a resolution
by the board describing the public way to be so improved. If the
resolution is so adopted by the county board, the Committee of local
improvements shall proceed with all of the necessary steps for the
improvement.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32005
(55 ILCS 5/5-32005) (from Ch. 34, par. 5-32005)
Sec. 5-32005.
Applicability of Division.
The provisions
of this Division may be made applicable to improvement of a
private street or road upon petition signed by 3/5 of the owners
of record of properties abutting or served by such private street
or roadway. The petition shall be filed with the Committee and is
subject to the provisions of Section 5-32004 and subsequent
provisions of the Division. Upon completion of the improvement,
the improvement is to be incorporated into the township or district
road system as provided in Section 6-325 of the Illinois Highway Code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32006
(55 ILCS 5/5-32006) (from Ch. 34, par. 5-32006)
Sec. 5-32006.
Public hearing on resolution.
After the adoption of
the resolution for a local improvement as provided for in this Division,
the Committee by a resolution shall fix a day and hour for a public hearing
thereon. The hearing shall be not less than 10 days after the adoption of
the resolution. The Committee shall also have an estimate of the cost of
the improvement made in writing and signed by the president. This estimate
shall be itemized to the satisfaction of the Committee and shall be made a
part of the records of the resolution.
Notice of the time, place and hour of the proposed hearing shall be sent
by mail directed to all persons who paid the general taxes for the last
preceding year on each lot, block, tract or parcel of land fronting on the
proposed improvement and to all municipalities the boundaries of which lie
within one and one-half miles from the location of the proposed local
improvement not less than 5 days prior to the time set for the public
hearing.
These notices shall contain
1. The substance of the resolution adopted by the Committee;
2. The estimate of the cost of the proposed improvement;
3. A notification that the nature, extent, kind, character and the
estimated cost of the proposed improvement may be changed by the Committee
at the public hearing thereon.
If, upon the hearing the Committee considers the proposed improvement
desirable it shall adopt a resolution and prepare and submit an ordinance
therefor.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32007
(55 ILCS 5/5-32007) (from Ch. 34, par. 5-32007)
Sec. 5-32007.
Conduct of public hearing.
At the time and place fixed
in the specified notice for the public hearing, the Committee shall meet
and hear the representations of any person desiring to be heard on the
subject of the necessity for the proposed improvement, the nature thereof,
or the cost as estimated. In case any person appears to object to the
proposed improvement or any of the elements thereof at the public hearing
the Committee shall adopt a new resolution abandoning the proposed
improvement or adhering thereto or changing, altering or modifying the
extent, nature, kind, character and estimated cost provided the change does
not increase the estimated cost of the improvement to exceed 20% of such
cost without a further public hearing thereon as it considers most desirable.
Thereupon, if the proposed improvement is not abandoned, the Committee
shall have an ordinance prepared to be submitted to the county board at a
regularly scheduled meeting. This ordinance shall prescribe the nature,
character, locality and description of the improvement and shall provide
that the improvement shall be made wholly by special assessment of
contiguous abutting property.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32008
(55 ILCS 5/5-32008) (from Ch. 34, par. 5-32008)
Sec. 5-32008.
Recommendation of improvement.
Accompanying
any ordinance for a local improvement presented by the Committee
shall be a recommendation of such improvement by the Committee
signed by at least a majority of the members thereof. The
recommendation by the Committee shall be prima facie evidence
that all of the requirements of the law have been complied with.
If a variance is shown in the proceedings in the Court it shall
not affect the validity of the proceedings unless the court
considers the variance willful or substantial.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32009
(55 ILCS 5/5-32009) (from Ch. 34, par. 5-32009)
Sec. 5-32009.
Estimate of cost of improvement.
An estimate of the cost of the improvement including the cost of
engineering services as originally contemplated or as changed, altered, or
modified at the public hearing itemized so far as the Committee thinks
necessary shall be presented along with the ordinance and the
recommendation. This estimate of cost shall be presented over the signature
of the President of the Committee, who shall certify that, in his opinion,
the estimate of cost does not exceed the probable cost of the improvement
proposed and lawful expenses attending the improvement. The recommendation
by the Committee shall be prima facie evidence that it is based upon full
compliance with the requirements of the Division.
No ordinance for any local improvement to be paid for by special
assessment shall be considered or passed as provided for herein unless the
ordinance is first recommended by the Committee.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32010
(55 ILCS 5/5-32010) (from Ch. 34, par. 5-32010)
Sec. 5-32010.
Petition for levy of special assessment.
Upon the passage of any ordinance for a local improvement pursuant
thereto, a petition shall be filed in the circuit court in the county where
the affected territory lies praying that steps be taken to levy a special
assessment for the improvement in accordance with the provisions of that
ordinance. There shall be attached to or filed with this petition a
certified copy of the ordinance and a copy of the recommendation of the
Committee and the estimate of cost as approved. The failure to file any or
either of these copies shall not affect the jurisdiction of the court to
proceed in the cause and to act upon the petition, but if it appears in any
such cause that the copies have not been attached to or filed with the
petition, before the filing of the assessment roll therein, then upon
motion of any objector for that purpose on or before appearance day in the
cause the entire petition and the proceedings shall be dismissed.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32011
(55 ILCS 5/5-32011) (from Ch. 34, par. 5-32011)
Sec. 5-32011.
Manner of assessment.
Upon the filing of such a
petition the President of the Committee shall appoint some competent person
who is a resident and elector of the county to make a true and impartial
assessment of, the cost of the specified improvement upon the property
benefited by the improvement.
The levying officer shall apportion and assess the amount found to be of
benefit to the property contiguous or abutting upon the improvement upon
the several lots, blocks, tracts and parcels of land in the proportion in
which they will severally be benefited by the improvement. No lot, block,
tract or parcel of land shall be assessed a greater amount than it will
actually be benefited. In levying any special assessment each lot, block,
tract or parcel of land shall be assessed separately in the same manner as
upon the assessment for general taxation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32012
(55 ILCS 5/5-32012) (from Ch. 34, par. 5-32012)
Sec. 5-32012.
Assessment roll.
The assessment and the amount as found by the levying officer shall be
known as the assessment roll. It shall contain,
1. A list of all of the lots, blocks, tracts and parcels of land
assessed for the proposed improvement;
2. The amount assessed against each;
3. The name of the person who paid the taxes on each such parcel during
the last preceding calendar year, in which taxes were paid as ascertained
upon investigation by the levying officer making the return or under his
direction;
4. The residence of the person so paying the taxes on each such parcel
if the residence on diligent inquiry can be found;
5. The amount of each installment shall also be stated.
The levying officer making the roll shall certify under oath that he
believes that the amount assessed against each parcel of property is just
and equitable and does not exceed the benefit which in each case will be
derived from the improvement, and that no lot, block, tract or parcel of
land has been assessed more than its proportionate share of the cost of the
improvement. Each lot or part of land owned and improved as one parcel may
be assessed as one parcel.
Notice shall be given by the levying officer of the nature of the
improvement, of the pendency of the proceedings, of the time and place of
the filing of the petition therefor, of the time and place of the filing of
the assessment roll and of the time and place at which application will be
made for the confirmation of assessment, the same to be not less than 15
days after the mailing of such notices. Notices shall be sent by mail
postage prepaid to each of the specified persons paying taxes on the
respective parcels during the last preceding year during which taxes were
paid at his residence as shown on the Assessment Roll. The notice shall
include the legal description of the property assessed, the amount assessed
to the person to whom it is directed for the improvement proposed and the
total amount of the improvement. An affidavit shall be filed before the
final hearing showing a compliance by the levying officer with the
requirements of this Division, and also showing that the
levying officer or some one acting under his direction made a careful
examination of the collector's books, showing the payment of general taxes during the last
preceding year in which the taxes were paid thereon, to ascertain the
person who last paid the taxes on the respective parcel and a diligent
search for his residence and that the report clearly states the person and
residence as ascertained by the affiant. This report and affidavit shall be
sufficient evidence for the purpose of this proceeding of the correctness
of the assessment roll in these particulars. In case the affidavit is found
in any respect willfully false, the person making it is guilty of perjury.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32013
(55 ILCS 5/5-32013) (from Ch. 34, par. 5-32013)
Sec. 5-32013.
Installments; interest.
The ordinance provided for in
this Division shall provide that the aggregate amounts assessed in each
individual assessment shall be divided into
installments not more than 10 in number. Such division shall be made so
that all installments shall be equal in amount except that all fractional
amounts shall be added to the first installment so as to leave the
remaining of the aggregate equal in amount and each a multiple of $100. The
first installment shall be due and payable on January 2 next, after the
date of the first voucher issued on account of construction work done, and
the second installment one year thereafter and so on annually until all
installments are paid. The Committee shall file in the office of the Clerk
of the Circuit Court in which such assessment was confirmed a certificate
signed by its secretary of the date of the first voucher and the amount
thereof within 30 days after the issuance thereof. All installments shall
bear interest as hereinafter provided until paid at the rate of not to
exceed 7% annually. Interest on assessments shall begin to run from the
date of the first voucher issued on account of construction work done. The
interest on each installment shall be paid as follows: On January 2, next
succeeding the date of the first voucher as certified the interest accruing
up to that time on all unpaid installments shall be due and payable with
the installment, and thereafter the interest on all unpaid installments
then payable shall be payable annually and be collected therewith. In all
cases the County Collector, whenever payment is made on any installment,
shall collect interest thereon up to the date of such payment whether the
payment be made at or after maturity. Any person may at any time pay the
whole assessment against any lot, piece or parcel of land or any
installment thereof with interest as herein provided up to the date of the
payment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32014
(55 ILCS 5/5-32014) (from Ch. 34, par. 5-32014)
Sec. 5-32014.
Special assessment notice.
The
Committee in addition to the notice in this Division provided for shall
publish a notice at least twice not more than 30 days nor less than 15 days
in advance of the time at which the confirmation of the specified
assessment is to be sought, in one or more newspapers published in the
county or if no newspaper is published therein then in one or more
newspapers with a general circulation in the county. The notice shall be
over the name of the levying officer and shall be substantially as follows:
"SPECIAL ASSESSMENT NOTICE
Notice is hereby given to all persons interested that the County of ....
has order that (herein insert a brief description of the nature of the
improvement), the ordinance for the improvement being on file in the office
of the County Clerk, having applied to the Circuit Court of .... County,
for an assessment of the costs of the improvement according to benefits an
assessment therefor having been made and returned to that Court, a final
hearing thereon will be had on (insert date), or as soon thereafter as the
business of the Court will permit.
All persons desiring may file objections in that Court before that day
and may appear on the hearing and make their defense.
(Here give date)
NAME
.... (LEVYING OFFICER)."
The number of installments and the rate of interest also shall be stated.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/5-32015
(55 ILCS 5/5-32015) (from Ch. 34, par. 5-32015)
Sec. 5-32015.
Extension of time for filing objections.
If 15 days have not elapsed between the first publication and the day
fixed in the notice for filing objections, the cause shall be continued for
15 days, and time for filing objections shall be correspondingly extended.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32016
(55 ILCS 5/5-32016) (from Ch. 34, par. 5-32016)
Sec. 5-32016.
Filing objections to report; default.
Any person
interested in any real estate to be affected by an assessment, may appear
and file objections to the report by the time mentioned in the specified
notice, or in case of incomplete notice than as specified in Section
5-32015, or within such further time as the court may allow. The court may
make an order in regard to the time of filing these objections but no prior
rule need be taken therefor unless directed by the court.
As to all lots, blocks, tracts and parcels of land, to the assessment of
which objections are not filed within the specified time, or such other
time as may be ordered by the court, default may be entered and the
assessment may be confirmed by the court, notwithstanding the fact that
objections may be pending and undisposed of as to other property.
(Source: P.A. 86-962.)
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