Rep. Stephanie A. Kifowit

Filed: 5/6/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3387 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Park District Code is amended by changing
5Sections 2-18, 8-1, and 8-9 and by adding Section 2-17.5 as
7    (70 ILCS 1205/2-17.5 new)
8    Sec. 2-17.5. Fox Valley Park District.
9    (a) The Fox Valley Pleasure Driveway and Park District is
10reorganized by operation of law as the Fox Valley Park District
11under this Code on the effective date of this amendatory Act of
12the 98th General Assembly.
13    (b) Each Fox Valley Park District commissioner shall be a
14legal voter and reside within the park district. The proper
15election authority shall conduct the elections for
16commissioners at the time and in the manner provided by the



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1general election law.
2    (c) Beginning with the consolidated election in 2017, 7
3commissioners shall be elected for 4-year terms, consisting of
46 commissioners from 3 2-member districts, and 1 commissioner
5elected at large. The terms of office of the initial
6commissioners elected under this amendatory Act of the 98th
7General Assembly will run as follows, to be determined by lot:
84 members shall serve a 4-year term and may be re-elected for
9subsequent 4-year terms, and 3 members shall serve a 2-year
10term and may be re-elected for subsequent 4-year terms
11thereafter. The number of commissioners who are residents of a
12county shall be in proportion, as nearly as practicable, to the
13number of residents of the district who reside in that county
14in relation to the total population of the district. The county
15board chairperson and county executive, as applicable, of Kane,
16DuPage, Kendall, and Will counties shall each appoint a member,
17approved by the respective county board, to a commission to
18draw the initial districts of the Fox Valley Park District.
19Each of the 4 members of the commission shall receive a
20weighted vote based upon the population of the district at the
21time of the last preceding federal decennial census. The
22commission shall draw and vote upon a map of 3 2-member
23districts that shall be compact, contiguous, and respect county
24boundaries as closely as possible. These districts shall be
25drawn with preference given to drawing districts in single
26counties. By no later than July 1, 2015, the districts must be



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1approved by the members of the commission for the initial
2election of commissioners. In the year following the next
3decennial census and each decennial census thereafter, the
4board of commissioners shall reapportion the districts to
5reflect the results of the census. The term of office for the
6commissioners elected under this Section shall commence on the
7first Monday of the month following the month of election. The
8terms of all appointed trustees serving on the effective date
9of this amendatory Act of the 98th General Assembly shall end
10when their successors have been elected and qualified.
11    (d) The Fox Valley Park District board of commissioners
12shall elect officers of the board at the first meeting of the
13board following the next consolidated election for park
14district commissioners.
15    (e) As of the effective date of this amendatory Act of the
1698th General Assembly, each Fox Valley Pleasure Driveway and
17Park District trustee in office shall, as a member of the board
18of the Fox Valley Park District, perform the duties and
19exercise the powers conferred upon park board commissioners
20under this Code, until his or her successor is elected and has
22    (f) Any tax authorized by referendum or other means under
23this Code and levied by the Fox Valley Pleasure Driveway and
24Park District before the effective date of this amendatory Act
25of the 98th General Assembly shall not be affected or abrogated
26because of the name change, and the Fox Valley Park District



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1may continue to levy and collect that tax.
2    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
3    Sec. 2-18. (a) Except for the Fox Valley Park District on
4and after the effective date of this amendatory Act of the 98th
5General Assembly, in In any Pleasure Driveway and Park District
6in which the legal voters have heretofore determined that the
7governing board shall be appointed, such method shall continue
8in effect and the board shall consist of 7 trustees. In such
9case and if the district is wholly contained within a single
10county the trustees shall be appointed by the presiding officer
11of the county board with the advice and consent of the county
12board. If the district is located in more than one county, the
13number of trustees who are residents of a county shall be in
14proportion, as nearly as practicable, to the number of
15residents of the district who reside in that county in relation
16to the total population of the district, except that the board
17of trustees may determine that one trustee is to be appointed
18from each county within the district, such appointment to be
19made by the appropriate appointing authority as hereinafter
20provided. Each trustee shall be appointed by the county board
21of his or her county of residence, or in the case of a home rule
22county, by the chief executive officer of the county with the
23advice and consent of the county board.
24    (b) Upon the expiration of the term of a trustee who is in
25office at the time of the publication of each decennial Federal



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1census of population, the successor shall be a resident of
2whichever county is entitled to such representation as
3determined under subsection (a), and he shall be appointed by
4the county board of that county, or in the case of a home rule
5county as defined by Article VII, Section 6 of the Illinois
6Constitution, the chief executive officer of that county, with
7the advice and consent of the county board. Thereafter, each
8trustee shall be succeeded by a resident of the same county who
9shall be appointed by the same appointing authority. The
10appropriate appointing authority shall appoint trustees
11biennially for such district on the first Monday in July, to
12fill the vacancies on the board of trustees caused by the
13expiration of the term of office of trustees and the trustees
14shall be legal voters and reside within the park district;
15provided, that no more than 4 trustees at any one time shall
16belong to the same political party. Each of the trustees shall
17receive a certificate of appointment and qualify within 10 days
18from the receipt of notice of appointment.
19    Trustees shall be appointed for a period of 4 years and
20shall hold their office until their successors are appointed
21and qualified.
22    Whenever a vacancy is created other than by the expiration
23of a trustee's term of office, it shall be filled by the
24appropriate appointing authority as provided in subsection
26    All trustees appointed for any park district, as herein



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1provided, shall have and exercise all the powers conferred upon
2trustees elected under the provisions of this Code.
3    In a Pleasure Driveway and Park District the trustees of
4which are appointed as herein provided, whenever a provision in
5this Code or any other applicable law authorizes a public
6question of any kind to be submitted to the electors of the
7district at an election, a petition by electors of the district
8asking that such question be submitted shall be signed by a
9number of registered voters of such district equal to not less
10than 10% of the number of registered voters in the district as
11of the last preceding regular election.
12(Source: P.A. 86-694.)
13    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
14    Sec. 8-1. General corporate powers. Every park district
15shall, from the time of its organization, be a body corporate
16and politic by the such name as set forth in the petition for
17its organization, the specific name set forth in this Code, or
18the such name as it may adopt under Section 8-9 8-8 hereof and
19shall have and exercise the following powers:
20    (a) To adopt a corporate seal and alter the same at
21pleasure; to sue and be sued; and to contract in furtherance of
22any of its corporate purposes.
23    (b) (1) To acquire by gift, legacy, grant or purchase, or
24by condemnation in the manner provided for the exercise of the
25power of eminent domain under the Eminent Domain Act, any and



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1all real estate, or rights therein necessary for building,
2laying out, extending, adorning and maintaining any such parks,
3boulevards and driveways, or for effecting any of the powers or
4purposes granted under this Code as its board may deem proper,
5whether such lands be located within or without such district;
6but no park district, except as provided in paragraph (2) of
7this subsection, shall have any power of condemnation in the
8manner provided for the exercise of the power of eminent domain
9under the Eminent Domain Act or otherwise as to any real
10estate, lands, riparian rights or estate, or other property
11situated outside of such district, but shall only have power to
12acquire the same by gift, legacy, grant or purchase, and such
13district shall have the same control of and power over lands so
14acquired without the district as over parks, boulevards and
15driveways within such district.
16    (2) In addition to the powers granted in paragraph (1) of
17subsection (b), a park district located in more than one
18county, the majority of its territory located in a county over
19450,000 in population and none of its territory located in a
20county over 1,000,000 in population, shall have condemnation
21power in the manner provided for the exercise of the power of
22eminent domain under the Eminent Domain Act or as otherwise
23granted by law as to any and all real estate situated up to one
24mile outside of such district which is not within the
25boundaries of another park district.
26    (c) To acquire by gift, legacy or purchase any personal



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



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



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1and penalties, an order that the offender be required to make
2restitution for damage resulting from violations, and the court
3shall grant such relief where appropriate. The procedure in
4such actions shall be the same as that provided by law for like
5actions for the violation of ordinances in cities organized
6under the general laws of this State, and offenders may be
7imprisoned for non-payment of fines and costs in the same
8manner as in such cities. All fines when collected shall be
9paid into the treasury of such district.
10    (f) To manage and control all officers and property of such
11districts and to provide for joint ownership with one or more
12cities, villages or incorporated towns of real and personal
13property used for park purposes by one or more park districts.
14In case of joint ownership, the terms of the agreement shall be
15fair, just and equitable to all parties and shall be set forth
16in a written agreement entered into by the corporate
17authorities of each participating district, city, village or
18incorporated town.
19    (g) To secure grants and loans, or either, from the United
20States Government, or any agency or agencies thereof, for
21financing the acquisition or purchase of any and all real
22estate, or rights therein, or for effecting any of the powers
23or purposes granted under this Code as its Board may deem
25    (h) To establish fees for the use of facilities and
26recreational programs of the districts and to derive revenue



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



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1not-for-profit corporations organized under the laws of this
2State to operate park district facilities if the corporation
3covenants to use the facilities to provide public park or
4recreational programs for youth.
5(Source: P.A. 98-325, eff. 8-12-13.)
6    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
7    Sec. 8-9. Name change.
8    (a) Whenever two-thirds of the governing board of a park
9district shall approve an ordinance or resolution to change the
10name of such park district, a copy of such ordinance or
11resolution shall be duly certified by the president and
12secretary of such board and filed in the office of the county
13clerk of the counties wherein such park district is located.
14Upon the filing of the aforesaid ordinance or resolution for
15change of name in the office of said county clerk such change
16of name of such park district shall be complete.
17    (b) Whenever a Public Act changes the name of a park
18district, the secretary of the board of the park district
19shall, within 30 days after the date upon which the Public Act
20becomes law, obtain copies of the Public Act that are duly
21certified by the Secretary of State and file a certified copy
22of the Public Act in the office of the county clerk of each
23county in which the park district is located. The change of
24name of a park district by a Public Act shall be complete upon
25the Public Act becoming law.



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1(Source: Laws 1951, p. 113.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".