Illinois General Assembly - Full Text of Public Act 095-0067
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Public Act 095-0067


 

Public Act 0067 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0067
 
HB0553 Enrolled LRB095 06349 HLH 26445 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Park District Code is amended by changing
Section 8-1 as follows:
 
    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
    Sec. 8-1. General corporate powers. Every park district
shall, from the time of its organization, be a body corporate
and politic by such name as set forth in the petition for its
organization or such name as it may adopt under Section 8-8
hereof and shall have and exercise the following powers:
    (a) To adopt a corporate seal and alter the same at
pleasure; to sue and be sued; and to contract in furtherance of
any of its corporate purposes.
    (b) (1) To acquire by gift, legacy, grant or purchase, or
by condemnation in the manner provided for the exercise of the
power of eminent domain under the Eminent Domain Act, any and
all real estate, or rights therein necessary for building,
laying out, extending, adorning and maintaining any such parks,
boulevards and driveways, or for effecting any of the powers or
purposes granted under this Code as its board may deem proper,
whether such lands be located within or without such district;
but no park district, except as provided in paragraph (2) of
this subsection, shall have any power of condemnation in the
manner provided for the exercise of the power of eminent domain
under the Eminent Domain Act or otherwise as to any real
estate, lands, riparian rights or estate, or other property
situated outside of such district, but shall only have power to
acquire the same by gift, legacy, grant or purchase, and such
district shall have the same control of and power over lands so
acquired without the district as over parks, boulevards and
driveways within such district.
    (2) In addition to the powers granted in paragraph (1) of
subsection (b), a park district located in more than one
county, the majority of its territory located in a county over
450,000 in population and none of its territory located in a
county over 1,000,000 in population, shall have condemnation
power in the manner provided for the exercise of the power of
eminent domain under the Eminent Domain Act or as otherwise
granted by law as to any and all real estate situated up to one
mile outside of such district which is not within the
boundaries of another park district.
    (c) To acquire by gift, legacy or purchase any personal
property necessary for its corporate purposes provided that all
contracts for supplies, materials or work involving an
expenditure in excess of $20,000 shall be let to the lowest
responsible bidder after due advertisement. No district shall
be required to accept a bid that does not meet the district's
established , considering conformity with specifications, terms
of delivery, quality, and serviceability requirements.
Contracts which, by their nature, after due advertisement,
excepting contracts which by their nature are not adapted to
award by competitive bidding, such as contracts for the
services of individuals possessing a high degree of
professional skill where the ability or fitness of the
individual plays an important part, contracts for the printing
of finance committee reports and departmental reports,
contracts for the printing or engraving of bonds, tax warrants
and other evidences of indebtedness, contracts for utility
services such as water, light, heat, telephone or telegraph,
contracts for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and interconnect equipment,
software, or services, contracts for duplicating machines and
supplies, contracts for goods or services procured from another
governmental agency, purchases of equipment previously owned
by some entity other than the district itself, and contracts
for the purchase of magazines, books, periodicals, pamphlets
and reports are not subject to competitive bidding. Contracts
for emergency expenditures are also exempt from competitive
bidding when the and excepting where funds are expended in an
emergency and such emergency expenditure is approved by 3/4 of
the members of the board.
    All competitive bids for contracts involving an
expenditure in excess of $20,000 must be sealed by the bidder
and must be opened by a member or employee of the park board at
a public bid opening at which the contents of the bids must be
announced. Each bidder must receive at least 3 days notice of
the time and place of the bid opening.
    For purposes of this subsection, "due advertisement"
includes, but is not limited to, at least one public notice at
least 10 days before the bid date in a newspaper published in
the district or, if no newspaper is published in the district,
in a newspaper of general circulation in the area of the
district.
    (d) To pass all necessary ordinances, rules and regulations
for the proper management and conduct of the business of the
board and district and to establish by ordinance all needful
rules and regulations for the government and protection of
parks, boulevards and driveways and other property under its
jurisdiction, and to effect the objects for which such
districts are formed.
    (e) To prescribe such fines and penalties for the violation
of ordinances as it shall deem proper not exceeding $1,000 for
any one offense, which fines and penalties may be recovered by
an action in the name of such district in the circuit court for
the county in which such violation occurred. The park district
may also seek in the action, in addition to or instead of fines
and penalties, an order that the offender be required to make
restitution for damage resulting from violations, and the court
shall grant such relief where appropriate. The procedure in
such actions shall be the same as that provided by law for like
actions for the violation of ordinances in cities organized
under the general laws of this State, and offenders may be
imprisoned for non-payment of fines and costs in the same
manner as in such cities. All fines when collected shall be
paid into the treasury of such district.
    (f) To manage and control all officers and property of such
districts and to provide for joint ownership with one or more
cities, villages or incorporated towns of real and personal
property used for park purposes by one or more park districts.
In case of joint ownership, the terms of the agreement shall be
fair, just and equitable to all parties and shall be set forth
in a written agreement entered into by the corporate
authorities of each participating district, city, village or
incorporated town.
    (g) To secure grants and loans, or either, from the United
States Government, or any agency or agencies thereof, for
financing the acquisition or purchase of any and all real
estate, or rights therein, or for effecting any of the powers
or purposes granted under this Code as its Board may deem
proper.
    (h) To establish fees for the use of facilities and
recreational programs of the districts and to derive revenue
from non-resident fees from their operations. Fees charged
non-residents of such district need not be the same as fees
charged to residents of the district. Charging fees or deriving
revenue from the facilities and recreational programs shall not
affect the right to assert or utilize any defense or immunity,
common law or statutory, available to the districts or their
employees.
    (i) To make contracts for a term exceeding one year, but
not to exceed 3 years, notwithstanding any provision of this
Code to the contrary, relating to: (1) the employment of a park
director, superintendent, administrator, engineer, health
officer, land planner, finance director, attorney, police
chief, or other officer who requires technical training or
knowledge; (2) the employment of outside professional
consultants such as engineers, doctors, land planners,
auditors, attorneys, or other professional consultants who
require technical training or knowledge; and (3) the provision
of data processing equipment and services. With respect to any
contract made under this subsection (i), the corporate
authorities shall include in the annual appropriation
ordinance for each fiscal year an appropriation of a sum of
money sufficient to pay the amount which, by the terms of the
contract, is to become due and payable during that fiscal year.
    (j) To enter into licensing or management agreements with
not-for-profit corporations organized under the laws of this
State to operate park district facilities if the corporation
covenants to use the facilities to provide public park or
recreational programs for youth.
(Source: P.A. 93-897, eff. 1-1-05; 94-1055, eff. 1-1-07.)

Effective Date: 1/1/2008