(70 ILCS 1205/5-2a) (from Ch. 105, par. 5-2a)
Sec. 5-2a.
Whenever a Park District contains within the boundaries of the
district, the greater portion of the area of a city, village or
incorporated town, the population of which city, village or incorporated
town constitutes a majority of the population of the Park District, and
which city, village or incorporated town levies and collects a tax for
recreation purposes under the provisions of Division 95 of Article 11 of
the Illinois Municipal Code, the functions of the Playground and Recreation
Commission may be merged with, and assumed by, the Park District in the
following manner:
The Park Commissioners shall adopt an ordinance, by a vote of not
less than 2/3 of the commissioners, which ordinance shall set forth the
intent of the Park District to assume the planning, establishing and
maintaining of the municipal recreation program within the boundaries of
the Park District, and to levy and collect a tax at a rate not to exceed
that levied by the city, village, or incorporated town, which rate shall
not exceed .09% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the district for
such purposes. Then the Secretary of the Park District shall mail a
certified copy of the ordinance to the city, village or incorporated
town. In the event the governing board of the city, village or
incorporated town sees fit, they may adopt an ordinance, by a vote of
not less than 2/3 of the members, which ordinance shall set forth that
the city, village or incorporated town relinquishes all control and
management of the planning, establishing and maintaining of the
municipal recreation program within its boundaries to the Park District
and relinquishes its tax levy for recreation purposes.
Upon the adoption of the ordinance by the city, village or
incorporated town, and 6 months from the date of adoption of the
ordinance, the Park District shall assume the functions previously
performed by the city, village or incorporated town through its
playground and recreation commission, or other board or commission
designated by the city, village or incorporated town; whereupon the Park
District shall have the power and authority to levy and collect a tax of
not to exceed that rate previously levied by the city, village or
incorporated town for recreational purposes, the rate of tax not to
exceed .09% of the value as equalized or assessed by the Department of
Revenue, of all taxable property in the district for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers. The tax shall be levied and collected in like manner as the
general taxes for the district. The tax to be levied under this Section
shall be in addition to all other taxes authorized by law to be levied
and collected in such district and shall not be included within any
limitation of rate contained in this Code or any other law, but shall be
excluded therefrom and be in addition thereto and in excess thereof. A
Pleasure Driveway and Park District that before 1964 assumed the functions
of a municipal Playground and Recreation Commission and has continuously
performed those functions may levy and collect the tax authorized by this
Section at a rate not to exceed 0.09% and shall not be limited to the rate
previously levied by the city, village, or incorporated town for recreational
purposes.
The city, village or incorporated town shall thereupon, 6 months from
the date of adoption of the ordinance, turn over to the Park District
any and all funds and tax monies in its possession on the date upon
which funds were received by it from the "Playground and Recreation Tax"
and shall from time to time thereafter turn over to the Park District
all such funds and tax monies as shall be received from levies adopted
prior to the effective date of the merger. At such time as these funds
shall be received by it, the funds are to be paid to the treasurer of
the Park District and kept in a fund to be known as the "Recreational
Program Fund" pursuant to the provisions of Section 5-2.
(Source: P.A. 86-1037.)
|