(65 ILCS 5/11-45.1-1) (from Ch. 24, par. 11-45.1-1)
Sec. 11-45.1-1.
The corporate authorities of each municipality may establish cultural
centers within the municipality. Such cultural centers may be devoted to
the exhibition of works of art, the conduct of programs of music and the
performing arts, the establishment of museums, the exhibition of historical
objects, the presentation of dramatic productions, and other exhibitions
and performances enhancing the cultural and intellectual level of the
community.
(Source: P.A. 76-211.)
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(65 ILCS 5/11-45.1-2) (from Ch. 24, par. 11-45.1-2)
Sec. 11-45.1-2.
For the purpose of establishing such cultural centers, the corporate
authorities may acquire all necessary real and personal property by
purchase, lease, gift or eminent domain. They may lease portions of a
cultural center to any not-for-profit organization engaged in activities
within the purview of cultural centers established under this division. The
terms and periods of such lease shall be those deemed appropriate by the
corporate authorities, provided that no lease may exceed 5 years. The
corporate authorities may also lease up to 25% of the floor area of any
cultural center to persons, organizations or corporations engaged in
noncultural activities, for the purpose of rendering auxiliary services.
Such as food dispensing, automobile parking, sale of books, records or
publications, and other necessary activities convenient for the use of the
cultural centers by the public.
(Source: P.A. 76-211.)
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(65 ILCS 5/11-45.1-3) (from Ch. 24, par. 11-45.1-3)
Sec. 11-45.1-3.
The corporate authorities may expend corporate funds for
the purpose of acquiring, maintaining and operating cultural centers,
including but not limited to compensation of employees and payment of
operating expenses. The corporate authorities may issue revenue bonds
pursuant to ordinance adopted for such purpose. Such bonds shall be payable
solely from the revenues to be derived from the operation of the cultural
center. Such bonds shall mature at a time not exceeding 40 years from their
respective dates of issue and shall be in such form, carry such
registration privileges, be executed in such manner, be offered for sale in
such manner, and be payable at such place or places and under such
conditions and terms as may be provided in the ordinance or in any
subsequent ordinance adopted pursuant hereto for the purpose of refunding
or refinancing any bonds issued hereunder. The holder or holders of such
bonds may bring suit to compel the municipality to perform any covenant or
duty created by the ordinance authorizing their issuance. The bonds shall
bear interest at a rate not to exceed the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract.
The corporate authorities may receive gifts and donations for the
purpose of acquiring, operating and maintaining a cultural center and may
enter into contractual arrangements with any public body, private
corporation or foundation for the purpose of receiving such grants or
gifts. The corporate authorities may acquire and operate one or more
buildings or one or more sites as cultural centers pursuant to the powers
herein granted.
The foregoing provisions and powers may be administered by such special
commission, board, department, or bureau of the municipality or by any
existing commission, board, department or bureau of the municipality, as
may be provided by ordinance adopted by the corporate authorities.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
Any bonds issued under this Section as limited bonds as defined in Section
3
of
the Local Government Debt Reform Act shall comply with the requirements of the
Bond Issue Notification Act.
(Source: P.A. 89-655, eff. 1-1-97.)
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(65 ILCS 5/11-45.1-4) (from Ch. 24, par. 11-45.1-4)
Sec. 11-45.1-4.
Any municipality may levy a tax annually not to exceed .25% of the
value, as equalized or assessed by the Department of Revenue, of all
the taxable property in the municipality for the purpose
of acquiring, operating and maintaining a cultural center, provided that
no such tax shall be levied in any such municipality until the question
of levying the tax has first been submitted to the electors of that
municipality at any election, and the tax has been approved by a majority of the
electors voting thereon. Such question shall be certified by the municipal
clerk and submitted by the proper election authority. If a majority of
the electors of the
municipality voting thereon vote for the levy of the tax, the
municipality is authorized to levy and collect the tax. This tax shall
be in addition to all other taxes which that municipality is now or
hereafter may be authorized to levy on the taxable property within the
municipality and shall be in addition to taxes for general purposes
authorized to be levied, as provided by Section 8-3-1 of this Code. This
tax shall be levied and collected in like manner as the general taxes
for that municipality.
(Source: P.A. 81-1489; 81-1509.)
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(65 ILCS 5/11-45.1-5) (from Ch. 24, par. 11-45.1-5)
Sec. 11-45.1-5.
For the purpose of acquiring and constructing a cultural center as
provided in this division, or for the equipping of any such cultural
center, any municipality may borrow money and issue its negotiable bonds
thereon, pledging the full faith and credit of the municipality. Such
bonds shall bear interest at not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, but no such
bonds shall be issued unless the proposition to issue the bonds is first
submitted to the electors of the municipality and approved by a majority
of the electors voting thereon. The municipal clerk shall certify the
proposition to the proper election authority who shall submit the proposition
to a vote of the electors. The form of such proposition shall be in
accordance with the provisions of Section 8-4-2 of this Code.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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(65 ILCS 5/11-45.1-6) (from Ch. 24, par. 11-45.1-6)
Sec. 11-45.1-6.
If any provision of this Division or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision. To this end the provisions of this
division are declared to be severable.
(Source: P.A. 76-211.)
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(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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(65 ILCS 5/11-48.2-2) (from Ch. 24, par. 11-48.2-2)
Sec. 11-48.2-2.
The corporate authorities in all municipalities shall have the power to
provide for official landmark designation by ordinance of areas, places,
buildings, structures, works of art and other objects having a special
historical, community, or aesthetic interest or value; and in connection
with such areas, places, buildings, structures, works of art or other
objects so designated by ordinance, whether owned or controlled privately
or by any public body, to provide special conditions, to impose regulations
governing construction, alteration, demolition and use, and to adopt other
additional measures appropriate for their preservation, protection,
enhancement, rehabilitation, reconstruction, perpetuation, or use, which
additional measures may include, but are not limited to, (a) the making of
leases and subleases (either as lessee or lessor of any such property) for
such periods and upon such terms as the municipality shall deem
appropriate; (b) inducing, by contract or other consideration, the creation
of covenants or restrictions binding the land; (c) the acquisition by
purchase or eminent domain of a fee or lesser interest, including a
preservation restriction, in property so designated; the deposit, as
appropriate, in a development rights bank of the development rights
associated with said property; and the reconstruction, operation or
transfer by the municipality of any such property so acquired or the
transfer of any development rights so acquired, all in accordance with such
procedures and subject to such conditions as are reasonable and appropriate
to carrying out the purposes of this Division; (d) appropriate and
reasonable control of the use or appearance of adjacent and immediately
surrounding private property within public view; (e) acquisition by eminent
domain or by other contract or conveyance of immediately surrounding
private property, or any part thereof or interest therein, the alteration
or clearance of which is important for the proper preservation,
reconstruction or use of the designated property; (f) cooperative
relations, including gifts, contracts and conveyances appropriate to the
purposes of this Division, by and between the municipality and any other
governmental body or agency and by and between the municipality and
not-for-profit organizations which have as one of their objects the
preservation or enhancement of areas, places, buildings, structures, works
of art or other objects of special historical, community or aesthetic
interest or value; (g) acceptance and administration by the municipality of
funds or property transferred on trust to the municipality by an
individual, corporation or other governmental or private entity for the
purpose of aiding, either in general or in connection with some specific
designated property, the preservation or enhancement of areas, places,
buildings, structures, works of art or other objects designed by law under
the provisions hereof; (h) issuance of interest bearing revenue bonds,
pursuant to ordinance adopted by the corporate authorities, payable from
the revenues to be derived from the operation of any one or more areas,
places, buildings, structures, works of art or other objects designated by
ordinance and acquired by the municipality under the provisions hereof,
such bonds to mature at a time not exceeding 50 years from their respective
dates of issue and to be in such form, carry such registration privileges,
be executed in such manner, be offered for sale in such manner and be
payable at such place or places and under such conditions and terms as may
be provided in the ordinance or in any subsequent ordinance adopted
pursuant hereto for the purpose of refunding or refinancing any bonds
issued hereunder; and the holder or holders of any such bonds may by mandamus,
injunction or other civil action compel the municipality to perform any covenant
or duty created by the ordinance authorizing their issuance; and (i)
establishment of procedures authorizing owners of designated property to
transfer development rights in such amount and subject to such conditions
as are appropriate to secure the purposes of this Division.
Any such special conditions, regulations, or other measures, shall, if
adopted in the exercise of the police power, be reasonable and appropriate
to the preservation, protection, enhancement, rehabilitation,
reconstruction, perpetuation, or use of such areas, places, buildings,
structures, works of art, or other objects so designated by law, or, if
constituting a taking of private property, shall provide for due and just
compensation. This amendatory Act of 1971 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-345.)
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(65 ILCS 5/11-48.2-3) (from Ch. 24, par. 11-48.2-3)
Sec. 11-48.2-3.
The foregoing purposes and powers may be administered by
such special commission, board, department or bureau of the municipality or
by such one or more existing commissions, boards, departments or bureaus of
the municipality, or by any combination thereof or division of functions
thereamong, as may be provided by ordinance adopted by the corporate
authorities, and the words "the municipality" as used in reference to the
administration of this division include any commission, board, department,
bureau, officer, or other agency of the municipality given any such
administrative powers by ordinance adopted by the corporate authorities.
(Source: Laws 1963, p. 2420.)
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(65 ILCS 5/11-48.2-4) (from Ch. 24, par. 11-48.2-4)
Sec. 11-48.2-4.
No action taken by the municipality under this section
directing a private owner to do or refrain from doing any specific thing,
or refusing to permit a private owner to do some specific thing he desires
to do, in connection with property designated by ordinance hereunder, shall
be taken by the municipality except after due notice to such owner and
opportunity for him to be heard at a public hearing, and if such action is
taken by administrative decision as defined in Section 3-101 of the Code
of Civil Procedure, it shall be subject to
judicial review pursuant to the provisions of the Administrative
Review Law and all amendments and modifications thereof and rules adopted
pursuant thereto.
(Source: P.A. 82-783.)
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(65 ILCS 5/11-48.2-5) (from Ch. 24, par. 11-48.2-5)
Sec. 11-48.2-5.
The denial of an application for a building
demolition permit by reason of the operation of this Division, or the
denial of an application for a building permit to add to, modify or
remove a portion of any building by reason of the operation of this
Division, or the imposition of any regulation solely by reason of the
provisions of this Division which requires, directly or indirectly, an
alteration or cessation in the use to which the interior space in any
building is put, or which requires any addition or modification in or to
any building, or which requires any unusual or extraordinary provisions
for upkeep and maintenance of any building, shall not constitute a
taking or damage for a public use of such property for which just
compensation shall be ascertained and paid, unless the denial of a
permit application or imposition of a regulation, as the case may be,
deprives the owner of all reasonable beneficial use or return.
(Source: P.A. 81-560.)
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(65 ILCS 5/11-48.2-6) (from Ch. 24, par. 11-48.2-6)
Sec. 11-48.2-6.
Any encumbrances or restrictions imposed upon designated property
pursuant to subsections (a)-(i) of Section 11-48.2-2 of this Division shall
be deemed public easements, and any depreciation occasioned by such
encumbrances or restrictions shall be deducted in the valuation of such
property. 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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(65 ILCS 5/11-48.2-7) (from Ch. 24, par. 11-48.2-7)
Sec. 11-48.2-7.
If any provision, clause or phrase of this Division or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this
Division which can be given effect without the invalid provision or
application, and to this end the provisions of this Division are declared
to be separable.
(Source: Laws 1963, p. 2420.)
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