2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1105/ - Museum District Act.

(70 ILCS 1105/0.01) (from Ch. 85, par. 6800)
Sec. 0.01. 
		(Repealed).
(Source: P.A. 86-1324.  Repealed by P.A. 91-357, eff. 7-29-99.)
(70 ILCS 1105/1) (from Ch. 85, par. 6801)
Sec. 1. 
		Short title. 
		This Act may be cited as the Museum District Act.
(Source: P.A. 86-477.)
(70 ILCS 1105/2) (from Ch. 85, par. 6802)
Sec. 2. 
		(Repealed).
(Source: P.A. 86-477.  Repealed by P.A. 91-918, eff. 7-7-00.)
(70 ILCS 1105/3) (from Ch. 85, par. 6803)
Sec. 3. 
		Authorization to create district. 
		Whenever an area of
contiguous territory lying wholly within one county contains one or more
historical sites and one or more municipalities, the territory may be
incorporated as a museum district as provided in this Act.
(Source: P.A. 86-477.)
(70 ILCS 1105/4) (from Ch. 85, par. 6804)
Sec. 4. 
		Petition for referendum.
(a) Any 200 legal voters residing within the limits of a  proposed
district may petition the circuit court of the county in which the proposed
district lies for an order to submit the question to the electors of the
proposed district whether or not it shall be organized as a museum district
under this Act.
(b) The petition must contain a definite description of the territory to
be included within the district, the proposed name of the district, the
name of each municipality within the district, and a description of each
historical site within the district.
(c) Upon filing the petition in the office of the clerk of the circuit
court of the county in which the territory lies, the circuit court shall fix a
day and hour for a hearing on the petition, which shall be at least 15 days
after the filing of the petition.  The clerk of the circuit court shall
cause a notice of the time and place of hearing to be published 3
successive days in a newspaper having a general circulation in the
territory of the proposed district.  The date of the last publication of
the notice must be at least 5 days before the time set for the hearing.
(d) At the hearing on the petition the court shall hear any person
owning property or residing within the proposed district who desires to be
heard.  If the court finds that all of the provisions of this Act have been
complied with, the court shall enter an order fixing and defining the
boundaries and the name of the proposed district in accordance with the
prayer of the petition.
(e) If any other petition for the organization of a museum district in
the same county is filed under this Act before the time fixed for the
hearing of the first petition, the court shall postpone the hearing on the
first petition, and the hearing on all petitions shall be set for the same
day and hour. All petitions filed after the first petition shall be
assigned to the judge to whom the first petition is assigned so that all
petitions may be heard by the same judge.  If 2 or more petitions are filed
under this Act and come on for hearing at the same time and the court finds
that any of the territory included within any one of the petitions is
included within or contiguous to the territory included in any other
petition, the court may include all of the territory described in the
petitions in one district and shall fix the name proposed in the petition
first filed as the name of the district.
(f) After the entry of the order fixing and defining the boundaries and
the name of a proposed district, the circuit court shall order that the
question of organization of the proposed district be submitted to the
electors of the proposed district. The clerk of the circuit court shall
certify the order and the question to the proper election officials, who
shall submit the question to the electors of the proposed district in
accordance with the general election law. Notice of the referendum shall
contain a definite description of the territory of the district and the
proposed name of the district.
(Source: P.A. 86-477.)
(70 ILCS 1105/5) (from Ch. 85, par. 6805)
Sec. 5. 
		Referendum. 
		The proposition shall be substantially in the
following form:  "Shall the .... Museum District be organized in the
territory described as follows:  (insert description)?".
If a majority of the votes cast on the question are in the affirmative,
the district shall then be an organized museum district under this Act.
(Source: P.A. 86-477.)
(70 ILCS 1105/6) (from Ch. 85, par. 6806)
Sec. 6. 
		Board of Commissioners. 
		(a) The affairs of the district
shall be managed by a board of commissioners consisting of 5  commissioners,
who shall be appointed by the presiding officer of the county board of the
county in which the museum district is situated, with the advice and
consent of the county board. The first appointments shall be made more than
60 days but not more than 90 days after the district is organized. Each
commissioner must be a legal voter in the district.  The first
commissioners shall be appointed for terms ending June 30, one, 2, 3, 4,
and 5 years after the district is  organized, as determined by lot.
Thereafter, successor commissioners shall be appointed for terms of 5
years. Commissioners shall receive no compensation but shall be reimbursed
for their reasonable and necessary expenses incurred in the performance of
official duties.
(b) Whenever a commissioner is no longer a legal voter
of the district, the office shall immediately become vacant.  Whenever a
vacancy in the office of commissioner occurs for any reason, a
successor shall be appointed for the remainder of the term in the same
manner as other commissioners are appointed.
(c) A museum district may sue and be sued, enter into
contracts, acquire and hold real and personal property
necessary for its corporate purposes, and adopt a seal and alter
the same at its pleasure.
(d) If the boundaries of a district are the same as the boundaries of a
county or municipality, the corporate authorities of the county or
municipality shall have the powers and perform the duties of the
commissioners, and in that case no commissioners shall be appointed for the
district.  The corporate authorities shall receive no additional
compensation for governing the museum district.
(Source: P.A. 86-477.)
(70 ILCS 1105/7) (from Ch. 85, par. 6807)
Sec. 7. 
		Historical sites. 
		A museum district has the power to acquire,
improve, and maintain any interest in lands containing one or more
historical sites, together with related lands and facilities, for the
purpose of protecting and preserving the historical sites and establishing
a museum for the purpose of public awareness and education. A district may
enter into contracts with local governments to pay all or part of the costs
of improving and maintaining any public roadway lying outside the
district's property but providing public access to the lands and facilities
of the district.
(Source: P.A. 86-477.)
(70 ILCS 1105/8) (from Ch. 85, par. 6808)
Sec. 8. 
		Real estate. 
		A museum district may acquire lands
for its purposes (i) by lease, (ii) in fee simple by gift, grant, legacy,
purchase, or condemnation, or (iii) by easement.  A museum district may
construct, lay out, improve, and maintain wells, power plants, comfort
stations, shelter houses, paths, driveways, public roads, roadways, and
other improvements and facilities that are necessary or desirable for its
purposes. A museum district also may grant licenses, easements, and
rights-of-way for the construction, operation and maintenance upon, under,
or across any property of the district of facilities for water, sewage,
telephone, telegraph, electric, gas, or other public utilities, subject to
the terms and conditions determined by the district.
(Source: P.A. 86-477.)
(70 ILCS 1105/8.5)
Sec. 8.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1105/9) (from Ch. 85, par. 6809)
Sec. 9. 
		Installment purchases and leases. 
		The board of a museum district
may by ordinance (i) purchase or lease as lessee real or personal property,
or acquire an easement in real property, for public purposes pursuant to
contracts or leases which provide that the consideration for the purchase,
lease, or easement may be paid in annual  installments and (ii) lease as
lessee or purchase real or personal property for public  purposes pursuant
to a lease or purchase agreement which provides that the district may, at
its option, purchase the property which is subject to the agreement or
lease upon terms providing that payments previously made, or a portion of
them, are deducted from the purchase price of the property.
(Source: P.A. 86-477.)
(70 ILCS 1105/10) (from Ch. 85, par. 6810)
Sec. 10. 
		Licenses. 
		The board of a museum district may by ordinance
issue licenses for any activity reasonably connected with its purposes.
(Source: P.A. 86-477.)
(70 ILCS 1105/11) (from Ch. 85, par. 6811)
Sec. 11. 
		Board and officers. 
		(a) The board is the corporate authority of
the district and may pass and enforce all necessary ordinances, rules, and
regulations for the management of the property and conduct of the business
of the district. The president of the board may appoint employees to
positions authorized by the board.
(b) Within 60 days after their appointment, the initial commissioners
shall organize by selecting from their members a president, secretary,
treasurer, and such other officers as may be necessary, who shall hold
office until the next June 30 and until their successors are selected and
qualify.  Thereafter, the officers shall be selected as provided in this
Section for a term of one year ending June 30 and until their successors
are selected and qualify.
(c) In any county or municipality where the corporate authorities act as
the governing body of a district, the person exercising the powers of the
president of the board shall appoint a secretary, treasurer, and other
officers and employees as may be necessary.
(Source: P.A. 86-477.)
(70 ILCS 1105/12) (from Ch. 85, par. 6812)
Sec. 12. 
		Contracts. 
		All contracts for supplies, material, or work
involving an expenditure in of more than $10,000 shall be let to the lowest
responsible bidder, after advertising at least once in one or more
newspapers of general circulation within the district, except work
requiring personal confidence or necessary supplies where competitive
bidding is impossible. Contracts for supplies, material, or work involving
an expenditure of $10,000 or less may be let without advertising for bids,
but whenever practicable at least 3 competitive bids shall be obtained
before letting the contract. All contracts for supplies, material, or work
shall be signed by the president of the board of commissioners or by any
other officer designated by the board.
(Source: P.A. 86-477.)
(70 ILCS 1105/13) (from Ch. 85, par. 6813)
Sec. 13. 
		Funds of the district. 
		(a) The board of commissioners,
when requested by the treasurer of the district, shall designate one or
more banks or savings and loan associations where the funds of the district
received by the treasurer may be deposited. When a bank or savings and loan
association has been designated as a depository, it shall continue as a
depository until 10 days after a new depository is designated and is
qualified by furnishing the statements of resources and liabilities
required by this Section. When a new depository is designated, the board of
commissioners shall notify the sureties of the treasurer of that fact in
writing at least 5 days before the transfer of funds. The treasurer of the
district shall be discharged from responsibility for all funds and moneys
while they are deposited in a designated bank or depository.
(b) A bank or savings and loan association shall not receive public
funds as provided in this Section unless it has complied with the
requirements of Section 6 of "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.
(Source: P.A. 86-477.)
(70 ILCS 1105/14) (from Ch. 85, par. 6814)
Sec. 14. 
		Civil service. 
		Whenever the county in which a district is
located is governed by a law regulating its civil service and the
method of selecting its employees, all employees of the district, except
the treasurer and attorneys, shall be selected in the manner provided by
and shall be subject to the law regulating the civil service in the county.
(Source: P.A. 86-477.)
(70 ILCS 1105/15) (from Ch. 85, par. 6815)
Sec. 15. 
		Records and reports. 
		The board shall keep a record of all
ordinances and other proceedings which shall be open to the inspection of
any person residing in the district at all reasonable and proper times. The
board shall report annually to the county board concerning its revenues,
expenditures, acquisition of historical sites, construction work, property,
and other matters acted upon by the board during the previous year.
(Source: P.A. 86-477.)
(70 ILCS 1105/16) (from Ch. 85, par. 6816)
Sec. 16. 
		Ordinances. 
		An action of the board requires the
affirmative vote of 3 commissioners.  An ordinance imposing
a fine or penalty or making an appropriation shall, within
10 days after its passage, be published at least once in a
newspaper designated by the board and having a general circulation
within the district, and the ordinance shall not take effect until
10 days after it is published.  All other ordinances, orders, or
resolutions shall take effect upon their passage unless the
ordinance, order, or resolution provides otherwise.
(Source: P.A. 86-477.)
(70 ILCS 1105/17) (from Ch. 85, par. 6817)
Sec. 17. 
		Debt and bonds. 
		The board of a museum district may, for any of
its authorized purposes, borrow money upon the faith and credit of the
district and may issue bonds.  A district may not, however, become indebted
in any manner or for any purpose to an amount including existing
indebtedness in the aggregate exceeding 1.5% of the assessed value, as
equalized by the Department of Revenue, of the taxable property in the
district.  A district may not incur (i) indebtedness in excess of .3% of
the assessed value, as equalized by the Department of Revenue, of taxable
property in the district for the development of historical sites, together
with related lands and facilities, held by the district or (ii)
indebtedness for any other purpose except the acquisition of historical
sites, together with related lands and facilities, unless the proposition
to issue bonds  or otherwise incur indebtedness is certified by the board
to the proper election officials, who shall submit the proposition at an
election in accordance with the general election law, and the proposition
is approved by a majority of those voting upon the proposition.  Before or
at the time of issuing bonds, the board shall provide by ordinance for the
collection of an annual tax sufficient to pay the interest on the bonds as
it falls due and to pay the principal of the bonds as they mature.  The
bonds shall mature not later than 20 years after the date thereof.  Such
bonds shall bear interest at such rate or rates as do not exceed those set
forth in "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 from
time to time, and shall be issuable upon any terms and may have provisions
as make use of any authority as may be provided in the Local Government
Debt Reform Act, as amended from time to time.
(Source: P.A. 86-477.)
(70 ILCS 1105/18) (from Ch. 85, par. 6818)
Sec. 18. 
		Taxes.
(a) After the first Monday in October and by the first Monday in
December in each year, the board shall levy the
general taxes for the district for the next fiscal year.  Taxes shall be
levied in the same manner as taxes are levied for municipal purposes,
except the filing of the ordinance with the county clerk shall be made by
the last Tuesday in December each year.
(b) The amount of taxes levied for general corporate purposes for a
fiscal year may not exceed the rate of .02% of the assessed value, as
equalized by the Department of Revenue, of the taxable property in the
district. In addition, in museum districts having a population of 100,000
or more but less than 2,000,000, the board may levy taxes for constructing,
restoring, reconditioning, reconstructing, and acquiring improvements and
for the development of the historical sites, together with related lands
and facilities, of the district in an amount for each fiscal year at a rate
not to exceed .05% of the assessed value, as equalized by the Department of
Revenue, of the taxable property in the district.
(c) The taxes and rates authorized by this Section are exclusive of the
taxes required for the payment of the principal of and interest on bonds
and exclusive of taxes levied for employees' annuity and benefit purposes.
(d) All moneys collected under this Act shall be paid to the treasurer of
the district.
(Source: P.A. 86-477; 87-17.)
(70 ILCS 1105/19) (from Ch. 85, par. 6819)
Sec. 19. 
		Lapse of appropriations and levies. 
		Any appropriation or
levy made for the purpose of constructing, restoring, reconditioning,
reconstructing, or acquiring improvements and for the development of
historical sites, together with related lands and facilities, of the
district need not be expended during the fiscal year in which the
appropriation or levy is made. The appropriation does not lapse and the
moneys levied, collected, or received for that purpose do not become part
of the general funds of the district for a period of 5 years and are not
available for appropriation in a later fiscal year, but shall be retained
and held in a separate fund for 5 years to be expended within that time for
the purpose for which appropriated and levied.  After 5 years the moneys
become a general asset available for appropriation for general corporate
purposes. It is not a defense or objection to any appropriation or levy for
the same purposes in a later fiscal year that there remain uncommenced or
uncompleted projects or unexpended moneys arising in an appropriation or
levy of an earlier year for purposes of this Section, unless the period of
5 years after the fiscal year in which the appropriation was made has elapsed.
(Source: P.A. 86-477.)
(70 ILCS 1105/20) (from Ch. 85, par. 6820)
Sec. 20. 
		Fiscal year and appropriation ordinances. 
		(a) The board
shall fix a fiscal year for the district.  The board shall,
within or before the first quarter of each fiscal year, adopt an annual
appropriation ordinance appropriating the sums of money that will be required
to defray all necessary expenses and liabilities of the district to be paid
or incurred during the fiscal year.
(b) The failure of the board to adopt an annual appropriation ordinance
or to otherwise comply with the provisions of this Section shall not affect
the validity of any tax levy of the district.  The annual appropriation
ordinance for any fiscal year need not be intended or required to be in
support of or in relation to any tax levy made during that fiscal year.
(c) A district that determines to change its fiscal
year may adopt an appropriation ordinance for a transition period of
more or less than 12 months as may be necessary to effect the change.
Appropriations made for the transition period shall end with the
close of the transition period.
(Source: P.A. 86-477.)
(70 ILCS 1105/21) (from Ch. 85, par. 6821)
Sec. 21. 
		Transfers and further appropriations. 
		After the adoption of
the annual appropriation ordinance, no further appropriations may be made
at any other time during that fiscal year, except the board
may amend its appropriation ordinance from time to time by
the same procedure required by this Act for the original adoption of the
appropriation ordinance. Transfer from one appropriation of any one fund to
another of the same fund, not affecting the total amount appropriated, may
be made at any meeting of the board by a two-thirds vote of all the members
constituting the board. By a like vote the board may make appropriations in
excess of these authorized by the appropriation ordinance in order to meet
an immediate emergency.
(Source: P.A. 86-477.)
(70 ILCS 1105/22) (from Ch. 85, par. 6822)
Sec. 22. 
		Prompt payment. 
		Purchases made pursuant to this Act shall
be made in compliance with the Local Government Prompt Payment Act, as now
or hereafter amended.
(Source: P.A. 86-477.)
(70 ILCS 1105/23) (from Ch. 85, par. 6823)
Sec. 23. 
		Annexation. 
		Any territory adjoining a museum district and
situated in the same county as the district may become a part of the
district as provided in this Section.  Upon the filing with the circuit
court of the county in which the district is located of a petition signed
by not less than 10% of the legal voters residing within the territory
proposed to be annexed, the clerk of the circuit court shall certify the
question of the annexation to the proper election officials, who shall
submit the question to the voters of the territory proposed to be annexed
in accordance with the general election law. If a majority of the votes
cast on the question are in favor of the annexation, the territory proposed
to be annexed shall then be a part of the museum district.
(Source: P.A. 86-477.)
(70 ILCS 1105/24) (from Ch. 85, par. 6824)
Sec. 24. 
		Charges for use of facilities. 
		The district may enact and
enforce rules and regulations for the management, maintenance, care,
protection, and use of its facilities. Charges or rates for the use of a
facility may be established, revised, and maintained from time to time,
shall be payable under the supervision of the board, and may be made
available to defray the reasonable expenses of the district.
(Source: P.A. 86-477.)
(70 ILCS 1105/25) (from Ch. 85, par. 6825)
Sec. 25. 
		Violations. 
		A member of the board of a district or any
other person holding any other office, trust, or employment under a
district who wilfully violates any of the provisions of this Act
commits a business offense and shall be fined at least $501 but not more
than $10,000 and shall forfeit his or her office, trust, or employment and
shall be removed from office.  The member or other person shall be liable
for any sum unlawfully diverted from a working cash fund or otherwise, to
be recovered by the district or by any taxpayer in the name of and for the
benefit of the district in an appropriate civil action. A taxpayer who
brings suit shall give bond for costs and be liable for all costs assessed
against the district in the suit, and judgment shall be rendered
accordingly.  Nothing in this Section bars any other remedies.
(Source: P.A. 86-477.)
(70 ILCS 1105/26) (from Ch. 85, par. 6826)
Sec. 26. 
		Building codes. 
		The board of commissioners of a district whose
boundaries encompass 2 or more municipalities may elect to be governed
exclusively by the rules and regulations governing the construction and
alteration of buildings and structures as adopted by the county board of
the county in which the district is located.  The election to be governed
by the county's rules and regulations shall be made by adopting an
ordinance to that effect.  Within 30 days of adoption of the ordinance, the
district shall notify each affected municipality of its decision to be
governed by the county's rules and regulations by providing the
municipality with a certified copy of the ordinance.  The effective date
of the ordinance shall be 60 days after its adoption by the board of
commissioners.
(Source: P.A. 86-477.)
(70 ILCS 1105/27)
Sec. 27. Cessation of district organization. Notwithstanding any other provision of law, if a majority vote of the board of commissioners 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, 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.)