Illinois General Assembly - Full Text of SB2139
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Full Text of SB2139  97th General Assembly



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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
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 97th 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
17general election law.
18    (c) Beginning with the general election in 2012, 7
19commissioners shall be elected for 4-year terms from
20single-member districts. The number of commissioners who are
21residents of a county shall be in proportion, as nearly as
22practicable, to the number of residents of the district who
23reside in that county in relation to the total population of



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1the district. The county board chairperson and county
2executive, as applicable, of Kane, DuPage, Kendall, and Will
3counties shall each appoint a member, approved by the
4respective county board, to a commission to draw the initial
5districts of the Fox Valley Park District. Each of the 4
6members of the commission shall receive a weighted vote based
7upon the population of the district at the time of the last
8preceding federal decennial census. The commission shall draw
9and vote upon a map of single-member districts that shall be
10compact, contiguous, and respect county boundaries as closely
11as possible. These districts shall be drawn with preference
12given to drawing districts in single counties. By no later than
13July 1, 2012, the districts must be approved by the members of
14the commission for the initial election of commissioners. In
15the year following the next decennial census and each decennial
16census thereafter, the board of commissioners shall
17reapportion the districts to reflect the results of the census.
18The term of office for the commissioners elected under this
19Section shall commence on the first Monday of the month
20following the month of election. The terms of all appointed
21trustees serving on the effective date of this amendatory Act
22of the 97th General Assembly shall end on December 2, 2012.
23    (d) The Fox Valley Park District board of commissioners
24shall elect officers of the board at the first meeting of the
25board following the next general election for park district



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1    (e) As of the effective date of this amendatory Act of the
297th General Assembly, each Fox Valley Pleasure Driveway and
3Park District trustee in office shall, as a member of the board
4of the Fox Valley Park District, perform the duties and
5exercise the powers conferred upon park board commissioners
6under this Code, until his or her successor is elected and has
8    (f) Any tax authorized by referendum or other means under
9this Code and levied by the Fox Valley Pleasure Driveway and
10Park District before the effective date of this amendatory Act
11of the 97th General Assembly shall not be affected or abrogated
12because of the name change, and the Fox Valley Park District
13may continue to levy and collect that tax.
14    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
15    Sec. 2-18. (a) Except for the Fox Valley Park District on
16and after the effective date of this amendatory Act of the 97th
17General Assembly, in In any Pleasure Driveway and Park District
18in which the legal voters have heretofore determined that the
19governing board shall be appointed, such method shall continue
20in effect and the board shall consist of 7 trustees. In such
21case and if the district is wholly contained within a single
22county the trustees shall be appointed by the presiding officer
23of the county board with the advice and consent of the county
24board. If the district is located in more than one county, the
25number of trustees who are residents of a county shall be in



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1proportion, as nearly as practicable, to the number of
2residents of the district who reside in that county in relation
3to the total population of the district, except that the board
4of trustees may determine that one trustee is to be appointed
5from each county within the district, such appointment to be
6made by the appropriate appointing authority as hereinafter
7provided. Each trustee shall be appointed by the county board
8of his or her county of residence, or in the case of a home rule
9county, by the chief executive officer of the county with the
10advice and consent of the county board.
11    (b) Upon the expiration of the term of a trustee who is in
12office at the time of the publication of each decennial Federal
13census of population, the successor shall be a resident of
14whichever county is entitled to such representation as
15determined under subsection (a), and he shall be appointed by
16the county board of that county, or in the case of a home rule
17county as defined by Article VII, Section 6 of the Illinois
18Constitution, the chief executive officer of that county, with
19the advice and consent of the county board. Thereafter, each
20trustee shall be succeeded by a resident of the same county who
21shall be appointed by the same appointing authority. The
22appropriate appointing authority shall appoint trustees
23biennially for such district on the first Monday in July, to
24fill the vacancies on the board of trustees caused by the
25expiration of the term of office of trustees and the trustees
26shall be legal voters and reside within the park district;



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1provided, that no more than 4 trustees at any one time shall
2belong to the same political party. Each of the trustees shall
3receive a certificate of appointment and qualify within 10 days
4from the receipt of notice of appointment.
5    Trustees shall be appointed for a period of 4 years and
6shall hold their office until their successors are appointed
7and qualified.
8    Whenever a vacancy is created other than by the expiration
9of a trustee's term of office, it shall be filled by the
10appropriate appointing authority as provided in subsection
12    All trustees appointed for any park district, as herein
13provided, shall have and exercise all the powers conferred upon
14trustees elected under the provisions of this Code.
15    In a Pleasure Driveway and Park District the trustees of
16which are appointed as herein provided, whenever a provision in
17this Code or any other applicable law authorizes a public
18question of any kind to be submitted to the electors of the
19district at an election, a petition by electors of the district
20asking that such question be submitted shall be signed by a
21number of registered voters of such district equal to not less
22than 10% of the number of registered voters in the district as
23of the last preceding regular election.
24(Source: P.A. 86-694.)
25    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)



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1    Sec. 8-1. General corporate powers. Every park district
2shall, from the time of its organization, be a body corporate
3and politic by the such name as set forth in the petition for
4its organization, the specific name set forth in this Code, or
5the such name as it may adopt under Section 8-9 8-8 hereof and
6shall have and exercise the following powers:
7    (a) To adopt a corporate seal and alter the same at
8pleasure; to sue and be sued; and to contract in furtherance of
9any of its corporate purposes.
10    (b) (1) To acquire by gift, legacy, grant or purchase, or
11by condemnation in the manner provided for the exercise of the
12power of eminent domain under the Eminent Domain Act, any and
13all real estate, or rights therein necessary for building,
14laying out, extending, adorning and maintaining any such parks,
15boulevards and driveways, or for effecting any of the powers or
16purposes granted under this Code as its board may deem proper,
17whether such lands be located within or without such district;
18but no park district, except as provided in paragraph (2) of
19this subsection, shall have any power of condemnation in the
20manner provided for the exercise of the power of eminent domain
21under the Eminent Domain Act or otherwise as to any real
22estate, lands, riparian rights or estate, or other property
23situated outside of such district, but shall only have power to
24acquire the same by gift, legacy, grant or purchase, and such
25district shall have the same control of and power over lands so
26acquired without the district as over parks, boulevards and



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1driveways within such district.
2    (2) In addition to the powers granted in paragraph (1) of
3subsection (b), a park district located in more than one
4county, the majority of its territory located in a county over
5450,000 in population and none of its territory located in a
6county over 1,000,000 in population, shall have condemnation
7power in the manner provided for the exercise of the power of
8eminent domain under the Eminent Domain Act or as otherwise
9granted by law as to any and all real estate situated up to one
10mile outside of such district which is not within the
11boundaries of another park district.
12    (c) To acquire by gift, legacy or purchase any personal
13property necessary for its corporate purposes provided that all
14contracts for supplies, materials or work involving an
15expenditure in excess of $20,000 shall be let to the lowest
16responsible bidder after due advertisement. No district shall
17be required to accept a bid that does not meet the district's
18established specifications, terms of delivery, quality, and
19serviceability requirements. Contracts which, by their nature,
20are not adapted to award by competitive bidding, such as
21contracts for the services of individuals possessing a high
22degree of professional skill where the ability or fitness of
23the individual plays an important part, contracts for the
24printing of finance committee reports and departmental
25reports, contracts for the printing or engraving of bonds, tax
26warrants and other evidences of indebtedness, contracts for



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1utility services such as water, light, heat, telephone or
2telegraph, contracts for the use, purchase, delivery,
3movement, or installation of data processing equipment,
4software, or services and telecommunications and interconnect
5equipment, software, or services, contracts for duplicating
6machines and supplies, contracts for goods or services procured
7from another governmental agency, purchases of equipment
8previously owned by some entity other than the district itself,
9and contracts for the purchase of magazines, books,
10periodicals, pamphlets and reports are not subject to
11competitive bidding. Contracts for emergency expenditures are
12also exempt from competitive bidding when the emergency
13expenditure is approved by 3/4 of the members of the board.
14    All competitive bids for contracts involving an
15expenditure in excess of $20,000 must be sealed by the bidder
16and must be opened by a member or employee of the park board at
17a public bid opening at which the contents of the bids must be
18announced. Each bidder must receive at least 3 days notice of
19the time and place of the bid opening.
20    For purposes of this subsection, "due advertisement"
21includes, but is not limited to, at least one public notice at
22least 10 days before the bid date in a newspaper published in
23the district or, if no newspaper is published in the district,
24in a newspaper of general circulation in the area of the
26    (d) To pass all necessary ordinances, rules and regulations



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1for the proper management and conduct of the business of the
2board and district and to establish by ordinance all needful
3rules and regulations for the government and protection of
4parks, boulevards and driveways and other property under its
5jurisdiction, and to effect the objects for which such
6districts are formed.
7    (e) To prescribe such fines and penalties for the violation
8of ordinances as it shall deem proper not exceeding $1,000 for
9any one offense, which fines and penalties may be recovered by
10an action in the name of such district in the circuit court for
11the county in which such violation occurred. The park district
12may also seek in the action, in addition to or instead of fines
13and penalties, an order that the offender be required to make
14restitution for damage resulting from violations, and the court
15shall grant such relief where appropriate. The procedure in
16such actions shall be the same as that provided by law for like
17actions for the violation of ordinances in cities organized
18under the general laws of this State, and offenders may be
19imprisoned for non-payment of fines and costs in the same
20manner as in such cities. All fines when collected shall be
21paid into the treasury of such district.
22    (f) To manage and control all officers and property of such
23districts and to provide for joint ownership with one or more
24cities, villages or incorporated towns of real and personal
25property used for park purposes by one or more park districts.
26In case of joint ownership, the terms of the agreement shall be



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1fair, just and equitable to all parties and shall be set forth
2in a written agreement entered into by the corporate
3authorities of each participating district, city, village or
4incorporated town.
5    (g) To secure grants and loans, or either, from the United
6States Government, or any agency or agencies thereof, for
7financing the acquisition or purchase of any and all real
8estate, or rights therein, or for effecting any of the powers
9or purposes granted under this Code as its Board may deem
11    (h) To establish fees for the use of facilities and
12recreational programs of the districts and to derive revenue
13from non-resident fees from their operations. Fees charged
14non-residents of such district need not be the same as fees
15charged to residents of the district. Charging fees or deriving
16revenue from the facilities and recreational programs shall not
17affect the right to assert or utilize any defense or immunity,
18common law or statutory, available to the districts or their
20    (i) To make contracts for a term exceeding one year, but
21not to exceed 3 years, notwithstanding any provision of this
22Code to the contrary, relating to: (1) the employment of a park
23director, superintendent, administrator, engineer, health
24officer, land planner, finance director, attorney, police
25chief, or other officer who requires technical training or
26knowledge; (2) the employment of outside professional



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1consultants such as engineers, doctors, land planners,
2auditors, attorneys, or other professional consultants who
3require technical training or knowledge; and (3) the provision
4of data processing equipment and services. With respect to any
5contract made under this subsection (i), the corporate
6authorities shall include in the annual appropriation
7ordinance for each fiscal year an appropriation of a sum of
8money sufficient to pay the amount which, by the terms of the
9contract, is to become due and payable during that fiscal year.
10    (j) To enter into licensing or management agreements with
11not-for-profit corporations organized under the laws of this
12State to operate park district facilities if the corporation
13covenants to use the facilities to provide public park or
14recreational programs for youth.
15(Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
16    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
17    Sec. 8-9. Name change.
18    (a) Whenever two-thirds of the governing board of a park
19district shall approve an ordinance or resolution to change the
20name of such park district, a copy of such ordinance or
21resolution shall be duly certified by the president and
22secretary of such board and filed in the office of the county
23clerk of the counties wherein such park district is located.
24Upon the filing of the aforesaid ordinance or resolution for
25change of name in the office of said county clerk such change



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1of name of such park district shall be complete.
2    (b) Whenever a Public Act changes the name of a park
3district, the secretary of the board of the park district
4shall, within 30 days after the date upon which the Public Act
5becomes law, obtain copies of the Public Act that are duly
6certified by the Secretary of State and file a certified copy
7of the Public Act in the office of the county clerk of each
8county in which the park district is located. The change of
9name of a park district by a Public Act shall be complete upon
10the Public Act becoming law.
11(Source: Laws 1951, p. 113.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.