093_HB1755eng

 
HB1755 Engrossed                     LRB093 04710 MKM 04766 b

 1        AN ACT concerning special districts.

 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.  The  board  shall be the corporate authority of
 8    such forest preserve district and shall have  power  to  pass
 9    and  enforce  all necessary ordinances, rules and regulations
10    for the  management  of  the  property  and  conduct  of  the
11    business  of such district. The president of such board shall
12    have power to appoint such employees as may be necessary.  In
13    counties with population of less than  3,000,000,  within  60
14    days  after their selection the commissioners appointed under
15    the provisions of Section 3a of this Act  shall  organize  by
16    selecting   from   their   members  a  president,  secretary,
17    treasurer and such other officers as are deemed necessary who
18    shall hold office for the fiscal year in  which  elected  and
19    until  their successors are selected and qualify.  In the one
20    district in existence on July 1, 1977, that is managed by  an
21    appointed board of commissioners, the incumbent president and
22    the  other  officers  appointed  in  the manner as originally
23    prescribed in this Act shall  hold  such  offices  until  the
24    completion  of  their  respective terms or in the case of the
25    officers other than  president  until  their  successors  are
26    appointed  by  said president, but in all cases not to extend
27    beyond  January  1,  1980  and  until  their  successors  are
28    selected and qualify.   Thereafter,  the  officers  shall  be
29    selected  in  the manner as prescribed in this Section except
30    that their first term of office shall not expire  until  June
31    30, 1981 and until their successors are selected and qualify.
 
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 1        In  any  county,  city,  village,  incorporated  town  or
 2    sanitary  district where the corporate authorities act as the
 3    governing body of a  forest  preserve  district,  the  person
 4    exercising  the  powers  of  the president of the board shall
 5    have power to appoint a secretary and an assistant  secretary
 6    and  treasurer  and  an  assistant  treasurer  and such other
 7    officers  and  such  employees  as  may  be  necessary.   The
 8    assistant secretary and assistant treasurer shall perform the
 9    duties  of  the secretary and treasurer, respectively in case
10    of death of such officers or when such officers are unable to
11    perform the duties of their respective offices. All contracts
12    for supplies, material or work involving  an  expenditure  in
13    excess  of  $15,000  $10,000  shall  be  let  to  the  lowest
14    responsible bidder, after advertising at least once in one or
15    more  newspapers  of general circulation within the district,
16    excepting: (a) work requiring personal confidence;  (b)  work
17    by individuals possessing a high degree of professional skill
18    where  the  ability  or  fitness  of  the individual plays an
19    important part; (c) contracts for utility  service,  such  as
20    gas and electric; (d) contracts for services or supplies that
21    require   integration   with  existing  systems  or  existing
22    computer hardware and software, such as security systems  and
23    integrated  computer  systems; (e) contracts for the purchase
24    of magazines, books, periodicals, and similar articles of  an
25    educational  or  instructional  nature; (f) contracts that by
26    their nature are not adapted to award by competitive bidding,
27    such as telecommunication systems and contracts for  services
28    or supplies that are available only from a single source; (g)
29    contracts  for  maintaining,  servicing,  or providing repair
30    parts for equipment that are made with  the  manufacturer  or
31    authorized  service  agent  of  that equipment when providing
32    parts, maintaining, or servicing can best be performed by the
33    manufacturer or authorized service agent; and  (h)  contracts
34    required  to meet an immediate emergency affecting the public
 
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 1    health, safety, or  welfare,  in  which  case  the  board  of
 2    commissioners  must set forth the nature of the danger to the
 3    public health, safety, or welfare or necessary supplies under
 4    the control  of  monopolies,  where  competitive  bidding  is
 5    impossible.   Contracts   for   supplies,  material  or  work
 6    involving an expenditure of $15,000 $10,000 or  less  may  be
 7    let  without  advertising for bids, but whenever practicable,
 8    at least 3 competitive bids shall be obtained before  letting
 9    such  contract.  All contracts for supplies, material or work
10    shall  be  signed  by  the  president   of   the   board   of
11    commissioners  or  by  any such other officer as the board in
12    its discretion may designate.
13        The president of any  board  of  commissioners  appointed
14    under  the provisions of Section 3a of this Act shall receive
15    a salary not to exceed the sum of $2500  per  annum  and  the
16    salary  of  other members of the board so appointed shall not
17    exceed  $1500  per  annum.  Salaries  of  the  commissioners,
18    officers and employees shall be fixed by ordinance.
19    (Source: P.A. 85-993.)

20        Section 10.  The Cook County Forest Preserve District Act
21    is amended by changing Section 14 as follows:

22        (70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
23        Sec. 14.  The board, as corporate authority of  a  forest
24    preserve  district,  shall have power to pass and enforce all
25    necessary  ordinances,  rules   and   regulations   for   the
26    management  of  the  property  and conduct of the business of
27    such district. The president of such board shall  have  power
28    to  appoint  a  secretary  and  an  assistant  secretary, and
29    treasurer and an assistant treasurer and such other  officers
30    and  such  employees  as  may  be  necessary,  all  of  whom,
31    excepting  the  treasurer and attorneys, shall be under civil
32    service rules and regulations, as provided in Section  17  of
 
HB1755 Engrossed            -4-      LRB093 04710 MKM 04766 b
 1    this  Act.  The  assistant  secretary and assistant treasurer
 2    shall perform the duties  of  the  secretary  and  treasurer,
 3    respectively,  in case of death of said officers or when said
 4    officers are unable to perform the duties of their respective
 5    offices because of absence or inability to act. All contracts
 6    for supplies, material or work involving  an  expenditure  by
 7    forest  preserve districts in excess of $15,000 $10,000 shall
 8    be  let  to  the  lowest  responsible   bidder,   after   due
 9    advertisement,   excepting:   (a)   work  requiring  personal
10    confidence; (b) work by individuals possessing a high  degree
11    of  professional  skill  where  the ability or fitness of the
12    individual plays an important part; (c) contracts for utility
13    service, such as gas and electric; (d) contracts for services
14    or supplies that require integration with existing systems or
15    existing computer hardware and  software,  such  as  security
16    systems  and  integrated  computer systems; (e) contracts for
17    the purchase of magazines, books,  periodicals,  and  similar
18    articles  of  an  educational  or  instructional  nature; (f)
19    contracts that by their nature are not adapted  to  award  by
20    competitive  bidding,  such  as telecommunication systems and
21    contracts for services or supplies that  are  available  only
22    from   a   single  source;  (g)  contracts  for  maintaining,
23    servicing, or providing repair parts for equipment  that  are
24    made  with  the  manufacturer  or authorized service agent of
25    that  equipment  when  providing   parts,   maintaining,   or
26    servicing  can  best  be  performed  by  the  manufacturer or
27    authorized service agent; and (h) contracts required to  meet
28    an  immediate  emergency affecting the public health, safety,
29    or welfare, in which case the board of commissioners must set
30    forth the nature of the danger to the public health,  safety,
31    or  welfare  or  necessary  supplies  under  the  control  of
32    monopolies,   where   competitive   bidding   is  impossible.
33    Contracts  for  supplies,  material  or  work  involving   an
34    expenditure  of  $15,000  $10,000  or less may be let without
 
HB1755 Engrossed            -5-      LRB093 04710 MKM 04766 b
 1    advertising for bids, but whenever practicable,  at  least  3
 2    competitive  bids  shall  be  obtained  before  letting  such
 3    contract.  All contracts for supplies, material or work shall
 4    be signed by the president of the board and by any such other
 5    officer as the board in its discretion may designate.
 6        Salaries of employees shall be fixed by ordinance.
 7    (Source: P.A. 83-1402.)

 8        Section  15.  The  Park  District  Code  is  amended   by
 9    changing Section 8-1 as follows:

10        (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
11        Sec.  8-1.  Every  park  district shall, from the time of
12    its organization, be a body corporate  and  politic  by  such
13    name  as  set  forth  in the petition for its organization or
14    such name as it may adopt under Section 8-8 hereof and  shall
15    have and exercise the following powers:
16        (a)  To  adopt  a  corporate  seal  and alter the same at
17    pleasure; to sue and be sued; and to contract in  furtherance
18    of any of its corporate purposes.
19        (b) (1)  To  acquire  by gift, legacy, grant or purchase,
20    or by condemnation in the manner provided for the exercise of
21    the power of eminent domain under Article VII of the Code  of
22    Civil  Procedure,  approved  August 19, 1981, as amended, any
23    and  all  real  estate,  or  rights  therein  necessary   for
24    building, laying out, extending, adorning and maintaining any
25    such parks, boulevards and driveways, or for effecting any of
26    the  powers  or purposes granted under this Code as its board
27    may deem proper, whether such  lands  be  located  within  or
28    without  such  district;  but  no  park  district,  except as
29    provided in paragraph (2) of this subsection, shall have  any
30    power of condemnation in the manner provided for the exercise
31    of  the power of eminent domain under Article VII of the Code
32    of Civil Procedure, approved August 19, 1981, as amended,  or
 
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 1    otherwise  as  to  any real estate, lands, riparian rights or
 2    estate, or other property situated outside of such  district,
 3    but  shall  only  have  power  to  acquire  the same by gift,
 4    legacy, grant or purchase, and such district shall  have  the
 5    same  control of and power over lands so acquired without the
 6    district as over parks, boulevards and driveways within  such
 7    district.
 8        (2)  In  addition  to the powers granted in paragraph (1)
 9    of subsection (b), a park district located in more  than  one
10    county,  the  majority  of  its territory located in a county
11    over 450,000 in population and none of its territory  located
12    in   a  county  over  1,000,000  in  population,  shall  have
13    condemnation power in the manner provided for the exercise of
14    the power of eminent domain under Article VII of the Code  of
15    Civil  Procedure, approved August 19, 1981, as amended, or as
16    otherwise granted by law  as  to  any  and  all  real  estate
17    situated up to one mile outside of such district which is not
18    within the boundaries of another park district.
19        (c)  To  acquire by gift, legacy or purchase any personal
20    property necessary for its corporate purposes  provided  that
21    all  contracts  for  supplies, materials or work involving an
22    expenditure in excess of $15,000 $10,000 shall be let to  the
23    lowest   responsible   bidder,  considering  conformity  with
24    specifications,   terms    of    delivery,    quality,    and
25    serviceability,  after due advertisement, excepting contracts
26    which by their nature are not adapted to award by competitive
27    bidding, such as contracts for the  services  of  individuals
28    possessing  a  high  degree  of  professional skill where the
29    ability or fitness of the individual plays an important part,
30    contracts for the printing of finance committee  reports  and
31    departmental reports, contracts for the printing or engraving
32    of  bonds,  tax warrants and other evidences of indebtedness,
33    contracts for utility services such as  water,  light,  heat,
34    telephone  or  telegraph,  contracts  for  the use, purchase,
 
HB1755 Engrossed            -7-      LRB093 04710 MKM 04766 b
 1    delivery,  movement,  or  installation  of  data   processing
 2    equipment,  software,  or services and telecommunications and
 3    interconnect equipment, software, or services, contracts  for
 4    duplicating  machines  and  supplies,  contracts for goods or
 5    services procured from another governmental agency, purchases
 6    of equipment previously owned by some entity other  than  the
 7    district itself, and contracts for the purchase of magazines,
 8    books, periodicals, pamphlets and reports and excepting where
 9    funds  are  expended  in  an  emergency  and  such  emergency
10    expenditure is approved by 3/4 of the members of the board.
11        All   competitive   bids   for   contracts  involving  an
12    expenditure in excess of $15,000 $10,000 must  be  sealed  by
13    the  bidder and must be opened by a member or employee of the
14    park board at a public bid opening at which the  contents  of
15    the  bids  must  be  announced.   Each bidder must receive at
16    least 3 days notice of the time and place of the bid opening.
17        For purposes  of  this  subsection,  "due  advertisement"
18    includes,  but  is not limited to, at least one public notice
19    at least 10 days before the bid date in a newspaper published
20    in the district or, if  no  newspaper  is  published  in  the
21    district,  in  a newspaper of general circulation in the area
22    of the district.
23        (d)  To  pass  all  necessary   ordinances,   rules   and
24    regulations  for  the  proper  management  and conduct of the
25    business of the  board  and  district  and  to  establish  by
26    ordinance   all   needful   rules  and  regulations  for  the
27    government and protection of parks, boulevards and  driveways
28    and  other property under its jurisdiction, and to effect the
29    objects for which such districts are formed.
30        (e)  To  prescribe  such  fines  and  penalties  for  the
31    violation of ordinances as it shall deem proper not exceeding
32    $1,000 for any one offense, which fines and penalties may  be
33    recovered  by  an  action in the name of such district in the
34    circuit  court  for  the  county  in  which  such   violation
 
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 1    occurred.  The  park district may also seek in the action, in
 2    addition to or instead of fines and penalties, an order  that
 3    the  offender  be  required  to  make  restitution for damage
 4    resulting from violations, and the  court  shall  grant  such
 5    relief  where  appropriate.   The  procedure  in such actions
 6    shall be the same as that provided by law  for  like  actions
 7    for the violation of ordinances in cities organized under the
 8    general  laws  of this State, and offenders may be imprisoned
 9    for non-payment of fines and costs in the same manner  as  in
10    such  cities. All fines when collected shall be paid into the
11    treasury of such district.
12        (f)  To manage and control all officers and  property  of
13    such districts and to provide for joint ownership with one or
14    more  cities,  villages  or  incorporated  towns  of real and
15    personal property used for park purposes by one or more  park
16    districts.  In  case  of  joint  ownership,  the terms of the
17    agreement shall be fair, just and equitable  to  all  parties
18    and shall be set forth in a written agreement entered into by
19    the  corporate  authorities  of  each participating district,
20    city, village or incorporated town.
21        (g)  To secure grants and  loans,  or  either,  from  the
22    United  States Government, or any agency or agencies thereof,
23    for financing the acquisition or purchase of any and all real
24    estate, or rights therein, or for effecting any of the powers
25    or purposes granted under this Code as  its  Board  may  deem
26    proper.
27        (h)  To  establish  fees  for  the  use of facilities and
28    recreational programs of the districts and to derive  revenue
29    from  non-resident  fees  from their operations. Fees charged
30    non-residents of such district need not be the same  as  fees
31    charged  to  residents  of  the  district.  Charging  fees or
32    deriving  revenue  from  the  facilities   and   recreational
33    programs  shall not affect the right to assert or utilize any
34    defense or immunity, common law or  statutory,  available  to
 
HB1755 Engrossed            -9-      LRB093 04710 MKM 04766 b
 1    the districts or their employees.
 2        (i)  To make contracts for a term exceeding one year, but
 3    not  to exceed 3 years, notwithstanding any provision of this
 4    Code to the contrary, relating to:  (1) the employment  of  a
 5    park   director,   superintendent,  administrator,  engineer,
 6    health officer, land  planner,  finance  director,  attorney,
 7    police   chief,  or  other  officer  who  requires  technical
 8    training  or  knowledge;  (2)  the  employment   of   outside
 9    professional  consultants  such  as  engineers, doctors, land
10    planners,  auditors,   attorneys,   or   other   professional
11    consultants  who require technical training or knowledge; and
12    (3) the provision of data processing equipment and  services.
13    With  respect to any contract made under this subsection (i),
14    the  corporate  authorities  shall  include  in  the   annual
15    appropriation ordinance for each fiscal year an appropriation
16    of  a sum of money sufficient to pay the amount which, by the
17    terms of the contract, is to become due  and  payable  during
18    that fiscal year.
19        (j)  To  enter  into  licensing  or management agreements
20    with not-for-profit corporations organized under the laws  of
21    this  State  to  operate  park  district  facilities  if  the
22    corporation covenants to use the facilities to provide public
23    park or recreational programs for youth.
24    (Source: P.A. 92-614, eff. 7-8-02.)