97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2490

 

Introduced 10/12/2011, by Sen. Chris Lauzen

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1205/8-1  from Ch. 105, par. 8-1

    Amends the Park District Code. Provides that a three-fourths vote is required by the governing board of the park district in order to acquire any real estate that contains a habitable building listed on property tax records. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 8-1 as follows:
 
6    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
7    Sec. 8-1. General corporate powers. Every park district
8shall, from the time of its organization, be a body corporate
9and politic by such name as set forth in the petition for its
10organization or such name as it may adopt under Section 8-8
11hereof and shall have and exercise the following powers:
12    (a) To adopt a corporate seal and alter the same at
13pleasure; to sue and be sued; and to contract in furtherance of
14any of its corporate purposes.
15    (b) (1) To acquire by gift, legacy, grant or purchase, or
16by condemnation in the manner provided for the exercise of the
17power of eminent domain under the Eminent Domain Act, any and
18all real estate, or rights therein necessary for building,
19laying out, extending, adorning and maintaining any such parks,
20boulevards and driveways, or for effecting any of the powers or
21purposes granted under this Code as its board may deem proper,
22whether such lands be located within or without such district;
23but no park district, except as provided in paragraph (2) of

 

 

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1this subsection, shall have any power of condemnation in the
2manner provided for the exercise of the power of eminent domain
3under the Eminent Domain Act or otherwise as to any real
4estate, lands, riparian rights or estate, or other property
5situated outside of such district, but shall only have power to
6acquire the same by gift, legacy, grant or purchase, and such
7district shall have the same control of and power over lands so
8acquired without the district as over parks, boulevards and
9driveways within such district.
10    (2) In addition to the powers granted in paragraph (1) of
11subsection (b), a park district located in more than one
12county, the majority of its territory located in a county over
13450,000 in population and none of its territory located in a
14county over 1,000,000 in population, shall have condemnation
15power in the manner provided for the exercise of the power of
16eminent domain under the Eminent Domain Act or as otherwise
17granted by law as to any and all real estate situated up to one
18mile outside of such district which is not within the
19boundaries of another park district.
20    (3) Notwithstanding any other provision of this Code, a
21three-fourths vote is required by the governing board of the
22park district in order to acquire any real estate that has a
23habitable building listed on the property tax records.
24    (c) To acquire by gift, legacy or purchase any personal
25property necessary for its corporate purposes provided that all
26contracts for supplies, materials or work involving an

 

 

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1expenditure in excess of $20,000 shall be let to the lowest
2responsible bidder after due advertisement. No district shall
3be required to accept a bid that does not meet the district's
4established specifications, terms of delivery, quality, and
5serviceability requirements. Contracts which, by their nature,
6are not adapted to award by competitive bidding, such as
7contracts for the services of individuals possessing a high
8degree of professional skill where the ability or fitness of
9the individual plays an important part, contracts for the
10printing of finance committee reports and departmental
11reports, contracts for the printing or engraving of bonds, tax
12warrants and other evidences of indebtedness, contracts for
13utility services such as water, light, heat, telephone or
14telegraph, contracts for the use, purchase, delivery,
15movement, or installation of data processing equipment,
16software, or services and telecommunications and interconnect
17equipment, software, or services, contracts for duplicating
18machines and supplies, contracts for goods or services procured
19from another governmental agency, purchases of equipment
20previously owned by some entity other than the district itself,
21and contracts for the purchase of magazines, books,
22periodicals, pamphlets and reports are not subject to
23competitive bidding. Contracts for emergency expenditures are
24also exempt from competitive bidding when the emergency
25expenditure is approved by 3/4 of the members of the board.
26    All competitive bids for contracts involving an

 

 

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1expenditure in excess of $20,000 must be sealed by the bidder
2and must be opened by a member or employee of the park board at
3a public bid opening at which the contents of the bids must be
4announced. Each bidder must receive at least 3 days notice of
5the time and place of the bid opening.
6    For purposes of this subsection, "due advertisement"
7includes, but is not limited to, at least one public notice at
8least 10 days before the bid date in a newspaper published in
9the district or, if no newspaper is published in the district,
10in a newspaper of general circulation in the area of the
11district.
12    (d) To pass all necessary ordinances, rules and regulations
13for the proper management and conduct of the business of the
14board and district and to establish by ordinance all needful
15rules and regulations for the government and protection of
16parks, boulevards and driveways and other property under its
17jurisdiction, and to effect the objects for which such
18districts are formed.
19    (e) To prescribe such fines and penalties for the violation
20of ordinances as it shall deem proper not exceeding $1,000 for
21any one offense, which fines and penalties may be recovered by
22an action in the name of such district in the circuit court for
23the county in which such violation occurred. The park district
24may also seek in the action, in addition to or instead of fines
25and penalties, an order that the offender be required to make
26restitution for damage resulting from violations, and the court

 

 

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1shall grant such relief where appropriate. The procedure in
2such actions shall be the same as that provided by law for like
3actions for the violation of ordinances in cities organized
4under the general laws of this State, and offenders may be
5imprisoned for non-payment of fines and costs in the same
6manner as in such cities. All fines when collected shall be
7paid into the treasury of such district.
8    (f) To manage and control all officers and property of such
9districts and to provide for joint ownership with one or more
10cities, villages or incorporated towns of real and personal
11property used for park purposes by one or more park districts.
12In case of joint ownership, the terms of the agreement shall be
13fair, just and equitable to all parties and shall be set forth
14in a written agreement entered into by the corporate
15authorities of each participating district, city, village or
16incorporated town.
17    (g) To secure grants and loans, or either, from the United
18States Government, or any agency or agencies thereof, for
19financing the acquisition or purchase of any and all real
20estate, or rights therein, or for effecting any of the powers
21or purposes granted under this Code as its Board may deem
22proper.
23    (h) To establish fees for the use of facilities and
24recreational programs of the districts and to derive revenue
25from non-resident fees from their operations. Fees charged
26non-residents of such district need not be the same as fees

 

 

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1charged to residents of the district. Charging fees or deriving
2revenue from the facilities and recreational programs shall not
3affect the right to assert or utilize any defense or immunity,
4common law or statutory, available to the districts or their
5employees.
6    (i) To make contracts for a term exceeding one year, but
7not to exceed 3 years, notwithstanding any provision of this
8Code to the contrary, relating to: (1) the employment of a park
9director, superintendent, administrator, engineer, health
10officer, land planner, finance director, attorney, police
11chief, or other officer who requires technical training or
12knowledge; (2) the employment of outside professional
13consultants such as engineers, doctors, land planners,
14auditors, attorneys, or other professional consultants who
15require technical training or knowledge; and (3) the provision
16of data processing equipment and services. With respect to any
17contract made under this subsection (i), the corporate
18authorities shall include in the annual appropriation
19ordinance for each fiscal year an appropriation of a sum of
20money sufficient to pay the amount which, by the terms of the
21contract, is to become due and payable during that fiscal year.
22    (j) To enter into licensing or management agreements with
23not-for-profit corporations organized under the laws of this
24State to operate park district facilities if the corporation
25covenants to use the facilities to provide public park or
26recreational programs for youth.

 

 

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1(Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.