|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning local government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Downstate Forest Preserve District Act is | ||||||
5 | amended by changing Section 8 as follows:
| ||||||
6 | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| ||||||
7 | Sec. 8. Powers and duties of corporate authority and | ||||||
8 | officers; contracts; salaries.
| ||||||
9 | (a) The board shall be the corporate authority of such | ||||||
10 | forest
preserve district and shall have power to pass and | ||||||
11 | enforce all necessary
ordinances, rules and regulations for the | ||||||
12 | management of the property and
conduct of the business of such | ||||||
13 | district. The president of such board
shall have power to | ||||||
14 | appoint such employees as may be necessary. In counties
with | ||||||
15 | population of less than 3,000,000, within 60 days after their | ||||||
16 | selection
the commissioners appointed under the provisions of | ||||||
17 | Section 3a of this Act
shall organize by selecting from their | ||||||
18 | members a president, secretary,
treasurer and such other | ||||||
19 | officers as are deemed necessary who shall hold
office for the | ||||||
20 | fiscal year in which elected and until their successors are
| ||||||
21 | selected and qualify. In the one district in existence on July | ||||||
22 | 1, 1977, that
is managed by an appointed board of | ||||||
23 | commissioners, the incumbent president
and the other officers | ||||||
24 | appointed in the manner as originally prescribed in this
Act | ||||||
25 | shall hold such offices until the completion of their | ||||||
26 | respective terms or
in the case of the officers other than | ||||||
27 | president until their successors
are appointed by said | ||||||
28 | president, but in all cases not to extend beyond January
1, | ||||||
29 | 1980 and until their successors are selected and qualify. | ||||||
30 | Thereafter,
the officers shall be selected in the manner as | ||||||
31 | prescribed in this Section
except that their first term of | ||||||
32 | office shall not expire until June 30, 1981
and until their |
| |||||||
| |||||||
1 | successors are selected and qualify.
| ||||||
2 | (b) In any county, city, village, incorporated town or
| ||||||
3 | sanitary district where the corporate authorities act as the
| ||||||
4 | governing body of a forest preserve district, the person | ||||||
5 | exercising
the powers of the president of the board shall have | ||||||
6 | power to appoint a
secretary and an assistant secretary and | ||||||
7 | treasurer and an assistant
treasurer and such other officers | ||||||
8 | and such employees as may be necessary.
The assistant secretary | ||||||
9 | and assistant treasurer shall perform the duties
of the | ||||||
10 | secretary and treasurer, respectively in case of death of such | ||||||
11 | officers
or when such officers are unable to perform the duties | ||||||
12 | of their respective
offices. All contracts for supplies, | ||||||
13 | material or
work involving an expenditure in excess of $20,000
| ||||||
14 | $10,000 shall be let to the lowest
responsible bidder, after | ||||||
15 | advertising at least once in one or more
newspapers of general | ||||||
16 | circulation within the district, excepting work
requiring | ||||||
17 | personal confidence or necessary
supplies under the control of | ||||||
18 | monopolies, where competitive bidding is
impossible. Contracts | ||||||
19 | for supplies, material or work involving an
expenditure of | ||||||
20 | $20,000
$10,000 or less may be let without advertising for | ||||||
21 | bids,
but whenever practicable, at least 3 competitive bids | ||||||
22 | shall be obtained
before letting such contract. All contracts | ||||||
23 | for supplies, material or
work shall be signed by the president | ||||||
24 | of the board of commissioners or
by any such other officer as | ||||||
25 | the board in its discretion may designate.
| ||||||
26 | (c) The president of any board of commissioners appointed | ||||||
27 | under the
provisions of Section 3a of this Act shall receive a | ||||||
28 | salary not to
exceed the sum of $2500 per annum and the salary | ||||||
29 | of other members of the
board so appointed shall not exceed | ||||||
30 | $1500 per annum. Salaries of the
commissioners, officers and | ||||||
31 | employees shall be fixed by ordinance.
| ||||||
32 | (Source: P.A. 85-993.)
| ||||||
33 | Section 10. The Park District Code is amended by changing | ||||||
34 | Section 8-1 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| ||||||
2 | Sec. 8-1. General corporate powers.
Every park district | ||||||
3 | shall, from the time of its
organization, be a body corporate | ||||||
4 | and politic by such name as set forth
in the petition for its | ||||||
5 | organization or such name as it may adopt under
Section 8-8 | ||||||
6 | hereof and shall have and exercise the following powers:
| ||||||
7 | (a) To adopt a corporate seal and alter the same at | ||||||
8 | pleasure; to sue
and be sued; and to contract in furtherance of | ||||||
9 | any of its corporate purposes.
| ||||||
10 | (b) (1) To acquire by gift, legacy, grant or purchase, or | ||||||
11 | by
condemnation in the manner provided for the exercise of the | ||||||
12 | power of eminent
domain under Article VII of the Code of Civil | ||||||
13 | Procedure, approved August
19, 1981, as amended, any and all | ||||||
14 | real estate, or
rights therein necessary for building, laying | ||||||
15 | out, extending, adorning
and maintaining any such parks, | ||||||
16 | boulevards and driveways, or for
effecting any of the powers or | ||||||
17 | purposes granted under this Code as its
board may deem proper, | ||||||
18 | whether such lands be located within or without such
district; | ||||||
19 | but no park district, except as provided in paragraph (2) of | ||||||
20 | this
subsection, shall have any power of condemnation in the | ||||||
21 | manner provided for the
exercise of the power of eminent domain | ||||||
22 | under Article VII of the Code of Civil
Procedure, approved | ||||||
23 | August 19, 1981, as amended, or otherwise as to any real
| ||||||
24 | estate, lands, riparian rights or estate, or other property | ||||||
25 | situated outside of
such district, but shall only have power to | ||||||
26 | acquire the same by gift, legacy,
grant or purchase, and such | ||||||
27 | district shall have the same control of and power
over lands so | ||||||
28 | acquired without the district as over parks, boulevards and
| ||||||
29 | driveways within such district.
| ||||||
30 | (2) In addition to the powers granted in paragraph (1) of | ||||||
31 | subsection (b),
a park district located in more than one | ||||||
32 | county, the majority of its territory
located in a county over | ||||||
33 | 450,000 in population and none of its territory
located in a | ||||||
34 | county over 1,000,000 in population, shall have condemnation
| ||||||
35 | power in the manner provided for the exercise of the power of | ||||||
36 | eminent domain
under Article VII of the Code of Civil |
| |||||||
| |||||||
1 | Procedure, approved August 19,
1981, as amended, or as | ||||||
2 | otherwise granted by law
as to any and all real estate situated | ||||||
3 | up to one mile outside of such district
which is not within the | ||||||
4 | boundaries of another park district.
| ||||||
5 | (c) To acquire by gift, legacy or purchase any personal | ||||||
6 | property necessary
for its corporate purposes provided that all | ||||||
7 | contracts for supplies, materials
or work involving an | ||||||
8 | expenditure in excess of $20,000
$10,000 shall be let to the
| ||||||
9 | lowest responsible bidder, considering conformity with | ||||||
10 | specifications, terms of
delivery, quality, and | ||||||
11 | serviceability, after due advertisement, excepting
contracts | ||||||
12 | which by their nature are not adapted to award by competitive
| ||||||
13 | bidding, such as contracts for the services of individuals
| ||||||
14 | possessing a high degree of professional skill where the | ||||||
15 | ability or
fitness of the individual plays an important part, | ||||||
16 | contracts for the
printing of finance committee reports and | ||||||
17 | departmental reports,
contracts for the printing or engraving | ||||||
18 | of bonds, tax warrants and other
evidences of indebtedness, | ||||||
19 | contracts for utility services such as water,
light, heat, | ||||||
20 | telephone or telegraph, contracts for the use, purchase,
| ||||||
21 | delivery, movement, or installation of data processing | ||||||
22 | equipment, software, or
services and telecommunications and | ||||||
23 | interconnect equipment, software, or
services, contracts for | ||||||
24 | duplicating machines and supplies, contracts for goods
or | ||||||
25 | services procured from another governmental agency, purchases | ||||||
26 | of equipment
previously owned by some entity other than the | ||||||
27 | district itself, and
contracts for the purchase of magazines, | ||||||
28 | books, periodicals, pamphlets and
reports and excepting where | ||||||
29 | funds are expended in an emergency and such
emergency | ||||||
30 | expenditure is approved by 3/4 of the members of the board.
| ||||||
31 | All competitive bids for contracts involving an | ||||||
32 | expenditure in excess of
$20,000
$10,000 must be sealed by the | ||||||
33 | bidder and must be opened by a member or employee
of the park | ||||||
34 | board at a public bid opening at which the contents of the bids
| ||||||
35 | must be announced. Each bidder must receive at least 3 days | ||||||
36 | notice of the
time and place of the bid opening.
|
| |||||||
| |||||||
1 | For purposes of this subsection, "due advertisement" | ||||||
2 | includes, but is not
limited to, at least one public notice at | ||||||
3 | least 10 days before the bid date in
a newspaper published in | ||||||
4 | the district or, if no newspaper is published in the
district, | ||||||
5 | in a newspaper of general circulation in the area of the | ||||||
6 | district.
| ||||||
7 | (d) To pass all necessary ordinances, rules and regulations | ||||||
8 | for the
proper management and conduct of the business of the | ||||||
9 | board and district
and to establish by ordinance all needful | ||||||
10 | rules and regulations for the
government and protection of | ||||||
11 | parks, boulevards and driveways and other
property under its | ||||||
12 | jurisdiction, and to effect the objects for which
such | ||||||
13 | districts are formed.
| ||||||
14 | (e) To prescribe such fines and penalties for the violation | ||||||
15 | of
ordinances as it shall deem proper not exceeding $1,000 for | ||||||
16 | any
one
offense, which fines and penalties may be recovered by | ||||||
17 | an action in the name
of such district in the circuit court for | ||||||
18 | the county in which such
violation occurred. The park district | ||||||
19 | may also seek in the action, in
addition to or instead of fines | ||||||
20 | and penalties, an order that the offender
be required to make | ||||||
21 | restitution for damage resulting from violations, and
the court | ||||||
22 | shall grant such relief where appropriate. The procedure in
| ||||||
23 | such actions shall be the same as that provided by law for like | ||||||
24 | actions for the
violation of ordinances in cities organized | ||||||
25 | under the general laws of this
State, and offenders may be | ||||||
26 | imprisoned for non-payment of fines and costs in
the same | ||||||
27 | manner as in such cities. All fines when collected shall be | ||||||
28 | paid into
the treasury of such district.
| ||||||
29 | (f) To manage and control all officers and property of such
| ||||||
30 | districts and to provide for joint ownership with one or more | ||||||
31 | cities,
villages or incorporated towns of real and personal | ||||||
32 | property used for
park purposes by one or more park districts. | ||||||
33 | In case of joint ownership,
the terms of the agreement shall be | ||||||
34 | fair, just and equitable to all
parties and shall be set forth | ||||||
35 | in a written agreement entered into by
the corporate | ||||||
36 | authorities of each participating district, city, village
or |
| |||||||
| |||||||
1 | incorporated town.
| ||||||
2 | (g) To secure grants and loans, or either, from the United | ||||||
3 | States
Government, or any agency or agencies thereof, for | ||||||
4 | financing the
acquisition or purchase of any and all real | ||||||
5 | estate, or rights therein,
or for effecting any of the powers | ||||||
6 | or purposes granted under this Code
as its Board may deem | ||||||
7 | proper.
| ||||||
8 | (h) To establish fees for the use of facilities and | ||||||
9 | recreational programs of
the districts and to derive revenue | ||||||
10 | from non-resident fees from their
operations. Fees charged | ||||||
11 | non-residents of such district need not be the same as
fees | ||||||
12 | charged to residents of the district. Charging fees or deriving | ||||||
13 | revenue
from the facilities and recreational programs shall not | ||||||
14 | affect the right to
assert or utilize any defense or immunity, | ||||||
15 | common law or statutory, available
to the districts or their | ||||||
16 | employees.
| ||||||
17 | (i) To make contracts for a term exceeding one year, but | ||||||
18 | not to exceed
3 years, notwithstanding any provision of this | ||||||
19 | Code to the contrary,
relating to: (1) the employment of a park | ||||||
20 | director, superintendent,
administrator, engineer, health | ||||||
21 | officer, land planner, finance director,
attorney, police | ||||||
22 | chief, or other officer who requires technical training or
| ||||||
23 | knowledge; (2) the employment of outside professional | ||||||
24 | consultants such as
engineers, doctors, land planners, | ||||||
25 | auditors, attorneys, or other
professional consultants who | ||||||
26 | require technical training or knowledge; and (3)
the provision | ||||||
27 | of data processing equipment and services. With respect to
any | ||||||
28 | contract made under this subsection (i), the corporate | ||||||
29 | authorities
shall include in the annual appropriation | ||||||
30 | ordinance for each fiscal year an
appropriation of a sum of | ||||||
31 | money sufficient to pay the amount which, by the
terms of the | ||||||
32 | contract, is to become due and payable during that fiscal year.
| ||||||
33 | (j) To enter into licensing or management agreements with | ||||||
34 | not-for-profit
corporations organized under the laws of this | ||||||
35 | State to operate park district
facilities if the corporation | ||||||
36 | covenants to use the facilities to provide public
park or |
| |||||||
| |||||||
1 | recreational programs for youth.
| ||||||
2 | (Source: P.A. 92-614, eff. 7-8-02.)
|