55 ILCS 5/5-31004
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

 (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 HistoricalMuseum District Law be adoptedand the.... Historical MuseumDistrict be established?                    YESIf established, the MuseumDistrict will have the powers,objects and purposes provided          ----------------------by the Law, including the powerto levy a tax of not to exceed.02 per cent of the value                   NOof taxable property, as equalizedor assessed by the Department ofRevenue.-------------------------------------------------------------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.)