(65 ILCS 5/Art. 11 Div. 46 heading) DIVISION 46.
ART COMMISSIONS
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(65 ILCS 5/11-46-1) (from Ch. 24, par. 11-46-1)
Sec. 11-46-1.
Whenever the city council of any city deems it advisable,
they may provide by ordinance for the creation of a commission to be known
as the art commission of that city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-2) (from Ch. 24, par. 11-46-2)
Sec. 11-46-2.
Each art commission shall consist of the mayor of the city by
virtue of his office and 6 other members to be appointed by the mayor.
Three of these 6 members shall be appointed from one or more of the
professions of painting, sculpture, architecture, and landscape gardening,
but none of the 3 other members shall be appointed from these enumerated
professions.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-3) (from Ch. 24, par. 11-46-3)
Sec. 11-46-3.
The 3 members of the commission required to be appointed from
among the professions enumerated in Section 11-46-2 shall be appointed in
the first instance for one, 2, and 3 year terms of office respectively, as
the mayor may determine. The other appointed members of the commission also
shall be appointed in the first instance for one, 2 and 3 year terms of
office respectively. After the expiration of these first terms of office of
all of the appointed members respectively, their successors shall be
appointed for a term of 3 years in each case. All appointments to fill
vacancies shall be for the unexpired term.
In case a vacancy occurs in the commission for any reason the vacancy
shall be filled by appointment by the mayor. All appointees shall hold
their offices for their respective terms and until their successors are
appointed and have qualified.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-4) (from Ch. 24, par. 11-46-4)
Sec. 11-46-4.
The commission shall serve without compensation, and shall
elect a president and a secretary from its own members, whose terms of
office shall be for one year, and until their successors are elected and
have qualified.
The commission shall have power to adopt its own rules of procedure.
Four commissioners shall constitute a quorum.
The city council shall provide suitable offices for the commission and
shall make annual appropriations for the payment of the commission's
expenses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-5) (from Ch. 24, par. 11-46-5)
Sec. 11-46-5.
Hereafter no work of art shall be erected or placed in, over,
or upon or allowed to be extended into, over, or upon any street, alley,
avenue, square, common, boulevard, park, grounds used for school or other
public purposes, municipal building, school building, or other public
building or public place under the control of the city, or any department
or officer thereof, unless the work of art, or a design thereof, together
with a statement of the proposed location of the work of art first has been
submitted to and approved by the commission. The commission, when they deem
it proper, may also require a complete model of the proposed work of art to
be submitted. The term "work of art" as used in this connection shall apply
to and include all paintings, mural decorations, stained glass, statues,
bas reliefs, sculptures, monuments, ornaments, fountains, arches,
ornamental gateways, or other structures of a permanent character intended
for ornament or commemoration. No existing work of art in the possession of
the city, or in any park, or school building, or on any boulevard, public
ground or school ground, shall be removed relocated, or altered in any way
without a similar approval of the commission, except as provided in Section
11-46-7.
The commission shall act in this same capacity and shall have these same
powers (1) in respect to designs of buildings, bridges, approaches, gates,
fences, lamps, or other structures to be erected upon land belonging to and
occupied by the city, or in any park, public ground, or boulevard under the
jurisdiction of the city, and (2) in respect of the lines, grades, and
platting of public ways and grounds, and (3) in respect of the arches,
bridges, structures, and approaches which will be the property of any
corporation or private individual, and which are to be extended over or
upon any street, avenue, highway, boulevard, park, or other public place
belonging to or under the jurisdiction of the city, and the commission's
approval shall be required for every such structure which is hereafter
contracted for, erected, or altered. But in case any such structure, not
including works of art, which is hereafter contracted for, erected, or
altered at a total expense not exceeding $200,000, the approval of the art
commission shall not be required if the city council so directs.
The commission may offer advice or suggestions to the owners of private
property in relation to the beautification of their property. Any person,
who is about to erect any building or make any improvement, may submit the
plans and designs thereof to the art commission for advice and suggestions.
The art commission may receive and act upon the complaints and suggestions
of citizens or voluntary associations having such objects and purposes in
view as are specified in this section.
The commission shall record its proceedings and make a report thereof in
writing annually to the mayor of the city.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-6) (from Ch. 24, par. 11-46-6)
Sec. 11-46-6.
If the art commission, except as provided in Section 11-46-7,
fails to decide upon any matter submitted to it within 60 days after the
matter is submitted, its decision is unnecessary.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-46-7) (from Ch. 24, par. 11-46-7)
Sec. 11-46-7.
In case the removal or relocation of any existing work of art
or other matter, which under Section 11-46-5 is within the control of the
art commission, is deemed necessary by those having the power to order such
a removal or relocation, the commission shall approve or disapprove of the
proposed removal or relocation within 48 hours after it is notified
thereof. In case the commission fails to act within this 48 hour period, it
shall be deemed to have approved of the removal or relocation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 47 heading) DIVISION 47.
PROMOTION OF HISTORICAL RESEARCH
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(65 ILCS 5/11-47-1) (from Ch. 24, par. 11-47-1)
Sec. 11-47-1.
The several cities, incorporated towns and villages acting
through their constituted authorities may encourage and promote historical
research within their respective jurisdictions by making reasonable
appropriations for the publication of the proceedings of and such papers
and other documents of historic interest as may be furnished by any
historic or other society engaged in historic research, and for
ascertaining and marking the location of ancient forts, villages, missions,
military encampments, habitations of aborigines and other places of
historic interest, and to provide for the manner in which and the purposes
for which such appropriations shall be expended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-47-2) (from Ch. 24, par. 11-47-2)
Sec. 11-47-2.
The authorities of such cities, incorporated towns and
villages having so undertaken the publication of such proceedings, papers
and documents, may cause the same to be printed or published in book or
pamphlet form and may provide for the sale thereof at such prices as in
their judgment will reimburse the cost of publication.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 48 heading) DIVISION 48.
PRESERVATION OF HISTORICAL
DOCUMENTS
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(65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
Sec. 11-48-1.
The city council or board of trustees of every city,
incorporated town or village may, by order or resolution authorize and
direct to be transferred to the Abraham Lincoln Presidential Library and Museum, the State
Archives or to the State
University Library at Urbana, Illinois, or to any historical society duly
incorporated and located within their respective counties, such official
papers, drawings, maps, writings and records of every description as may be
deemed of historic interest or value, and as may be in the custody of any
officer of such county, city, incorporated town or village. Accurate copies
of the same when so transferred shall be substituted for the original when
in the judgment of such city council or board of trustees the same may be
deemed necessary.
(Source: P.A. 100-120, eff. 8-18-17.)
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(65 ILCS 5/11-48-2) (from Ch. 24, par. 11-48-2)
Sec. 11-48-2.
The officer or officers having the custody of such papers,
drawings, maps, writings and records shall permit search to be made at all
reasonable hours and under their supervision for such as may be deemed of
historic interest, and whenever so directed by the city council or board of
trustees of such city, incorporated town or village in the manner
prescribed in Section 11-48-1 to deliver the same to the trustee, directors
or librarian or other officer of the library or society designated by the
city council or board of trustees, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-48-3) (from Ch. 24, par. 11-48-3)
Sec. 11-48-3.
The city council and board of trustees of the several cities,
incorporated towns and villages in this state may make reasonable
appropriations from their respective revenues for the purpose of carrying
the provisions of this Division 48 into effect.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 48.2 heading) DIVISION 48.2.
PRESERVATION OF HISTORICAL
AND OTHER SPECIAL AREAS
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(65 ILCS 5/11-48.2-1) (from Ch. 24, par. 11-48.2-1)
Sec. 11-48.2-1.
It is hereby found and declared that in all municipalities
the movements and shifts of population and the changes in residential,
commercial, and industrial use and customs threaten with disappearance
areas, places, buildings, structures, works of art and other objects having
special historical, community, or aesthetic interest or value and whose
preservation and continued utilization are necessary and desirable to sound
community planning for such municipalities and to the welfare of the
residents thereof. The granting to such municipalities of the powers herein
provided is directed to such ends, and the use of such rights and powers
for the preservation and continued utilization of such property is hereby
declared to be a public use essential to the public interest.
(Source: Laws 1965, p. 957.)
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(65 ILCS 5/11-48.2-1A) (from Ch. 24, par. 11-48.2-1A)
Sec. 11-48.2-1A.
(1) The development rights of a landmark site are the rights granted
under applicable local law respecting the permissible bulk and size of
improvements erected thereon. Development rights may be calculated in
accordance with such factors as lot area, floor area, floor area ratios,
height limitations, or any other criteria set forth under local law for
this purpose.
(2) A preservation restriction is a right, whether or not stated in the
form of a restriction, easement, covenant or condition, in any deed, will
or other instrument executed by or on behalf of the owner of the land or in
any order of taking, appropriate to the preservation of areas, places,
buildings or structures to forbid or limit acts of demolition, alteration,
use or other acts detrimental to the preservation of the areas, places,
buildings or structures in accordance with the purposes of the Division.
Preservation restrictions shall not be unenforceable on account of lack of
privity of estate or contract, or of lack of benefit to particular land or
on account of the benefit being assignable or being assigned.
(3) A transfer of development rights is the transfer from a landmark
site of all or a portion of the development rights applicable thereto,
subject to such controls as are necessary to secure the purposes of this
Division. The transfer of development rights pursuant to sound community
planning standards and the other requirements of this Division is hereby
declared to be in accordance with municipal health, safety and welfare
because it furthers the more efficient utilization of urban space at a time
when this objective is made urgent by the shrinking land base of urban
areas, the increasing incidence of large-scale, comprehensive development
in such areas, the evolution of building technology and similar factors.
(4) A development rights bank is a reserve into which may be deposited
development rights associated with publicly and privately-owned landmark
sites. Corporate authorities or their designees shall be authorized to
accept for deposit within the bank gifts, donations, bequests or other
transfers of development rights from the owners of said sites, and shall be
authorized to deposit therein development rights associated with (i) the
sites of municipally-owned landmarks and (ii) the sites of privately-owned
landmarks in respect of which the municipality has acquired a preservation
restriction through eminent domain or purchase. All transfers of
development rights from the development rights bank shall be subject to the
requirements of Sections 11-76-1 through 11-76-6 of the Municipal Code of
Illinois, and all receipts arising from the transfers shall be deposited in
a special municipal account to be applied against expenditures necessitated
by the municipal landmarks program.
(5) The term, public easement, shall have the same meaning and effects
herein as it has in Article IX, Section 3 of the Illinois Constitution of
1870 and Article IX, Section 4(c) of the Illinois Constitution of 1970.
This amendatory Act of 1971 does not apply to any municipality which is a
home rule unit.
(Source: P.A. 77-1372.)
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