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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0553
Introduced 2/5/2007, by Rep. Joe Dunn SYNOPSIS AS INTRODUCED: |
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70 ILCS 1205/8-1 |
from Ch. 105, par. 8-1 |
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Amends the Park District Code. Provides that the district shall prequalify firms seeking to provide architectural, engineering, and land
surveying services. Provides that the district may use prequalification lists established by State
agencies.
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A BILL FOR
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HB0553 |
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LRB095 06349 HLH 26445 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Park District Code is amended by changing |
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| Section 8-1 as follows:
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| (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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| Sec. 8-1. General corporate powers.
Every park district |
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| shall, from the time of its
organization, be a body corporate |
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| and politic by such name as set forth
in the petition for its |
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| organization or such name as it may adopt under
Section 8-8 |
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| hereof and shall have and exercise the following powers:
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| (a) To adopt a corporate seal and alter the same at |
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| pleasure; to sue
and be sued; and to contract in furtherance of |
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| any of its corporate purposes.
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| (b) (1) To acquire by gift, legacy, grant or purchase, or |
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| by
condemnation in the manner provided for the exercise of the |
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| power of eminent
domain under the Eminent Domain Act, any and |
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| all real estate, or
rights therein necessary for building, |
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| laying out, extending, adorning
and maintaining any such parks, |
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| boulevards and driveways, or for
effecting any of the powers or |
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| purposes granted under this Code as its
board may deem proper, |
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| whether such lands be located within or without such
district; |
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| but no park district, except as provided in paragraph (2) of |
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HB0553 |
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LRB095 06349 HLH 26445 b |
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| this
subsection, shall have any power of condemnation in the |
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| manner provided for the
exercise of the power of eminent domain |
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| under the Eminent Domain Act or otherwise as to any real
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| estate, lands, riparian rights or estate, or other property |
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| situated outside of
such district, but shall only have power to |
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| acquire the same by gift, legacy,
grant or purchase, and such |
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| district shall have the same control of and power
over lands so |
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| acquired without the district as over parks, boulevards and
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| driveways within such district.
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| (2) In addition to the powers granted in paragraph (1) of |
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| subsection (b),
a park district located in more than one |
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| county, the majority of its territory
located in a county over |
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| 450,000 in population and none of its territory
located in a |
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| county over 1,000,000 in population, shall have condemnation
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| power in the manner provided for the exercise of the power of |
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| eminent domain
under the Eminent Domain Act
or as otherwise |
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| granted by law
as to any and all real estate situated up to one |
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| mile outside of such district
which is not within the |
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| boundaries of another park district.
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| (c) To acquire by gift, legacy or purchase any personal |
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| property necessary
for its corporate purposes provided that all |
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| contracts for supplies, materials
or work involving an |
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| expenditure in excess of $20,000 shall be let to the
lowest |
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| responsible bidder, considering conformity with |
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| specifications, terms of
delivery, quality, and |
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| serviceability, after due advertisement, excepting
contracts |
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HB0553 |
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LRB095 06349 HLH 26445 b |
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| which by their nature are not adapted to award by competitive
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| bidding, such as contracts for the services of individuals
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| possessing a high degree of professional skill where the |
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| ability or
fitness of the individual plays an important part, |
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| contracts for the
printing of finance committee reports and |
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| departmental reports,
contracts for the printing or engraving |
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| of bonds, tax warrants and other
evidences of indebtedness, |
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| contracts for utility services such as water,
light, heat, |
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| telephone or telegraph, contracts for the use, purchase,
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| delivery, movement, or installation of data processing |
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| equipment, software, or
services and telecommunications and |
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| interconnect equipment, software, or
services, contracts for |
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| duplicating machines and supplies, contracts for goods
or |
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| services procured from another governmental agency, purchases |
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| of equipment
previously owned by some entity other than the |
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| district itself, and
contracts for the purchase of magazines, |
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| books, periodicals, pamphlets and
reports and excepting where |
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| funds are expended in an emergency and such
emergency |
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| expenditure is approved by 3/4 of the members of the board.
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| All competitive bids for contracts involving an |
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| expenditure in excess of
$20,000 must be sealed by the bidder |
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| and must be opened by a member or employee
of the park board at |
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| a public bid opening at which the contents of the bids
must be |
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| announced. Each bidder must receive at least 3 days notice of |
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| the
time and place of the bid opening.
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| The district shall establish procedures
to prequalify |
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HB0553 |
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LRB095 06349 HLH 26445 b |
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| firms seeking to provide architectural, engineering, and land
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| surveying services. The district may use prequalification |
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| lists established by State
agencies to meet the requirements of |
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| this subsection.
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| For purposes of this subsection, "due advertisement" |
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| includes, but is not
limited to, at least one public notice at |
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| least 10 days before the bid date in
a newspaper published in |
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| the district or, if no newspaper is published in the
district, |
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| in a newspaper of general circulation in the area of the |
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| district.
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| (d) To pass all necessary ordinances, rules and regulations |
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| for the
proper management and conduct of the business of the |
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| board and district
and to establish by ordinance all needful |
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| rules and regulations for the
government and protection of |
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| parks, boulevards and driveways and other
property under its |
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| jurisdiction, and to effect the objects for which
such |
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| districts are formed.
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| (e) To prescribe such fines and penalties for the violation |
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| of
ordinances as it shall deem proper not exceeding $1,000 for |
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| any
one
offense, which fines and penalties may be recovered by |
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| an action in the name
of such district in the circuit court for |
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| the county in which such
violation occurred. The park district |
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| may also seek in the action, in
addition to or instead of fines |
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| and penalties, an order that the offender
be required to make |
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| restitution for damage resulting from violations, and
the court |
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| shall grant such relief where appropriate. The procedure in
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| such actions shall be the same as that provided by law for like |
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| actions for the
violation of ordinances in cities organized |
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| under the general laws of this
State, and offenders may be |
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| imprisoned for non-payment of fines and costs in
the same |
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| manner as in such cities. All fines when collected shall be |
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| paid into
the treasury of such district.
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| (f) To manage and control all officers and property of such
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| districts and to provide for joint ownership with one or more |
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| cities,
villages or incorporated towns of real and personal |
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| property used for
park purposes by one or more park districts. |
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| In case of joint ownership,
the terms of the agreement shall be |
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| fair, just and equitable to all
parties and shall be set forth |
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| in a written agreement entered into by
the corporate |
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| authorities of each participating district, city, village
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| incorporated town.
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| (g) To secure grants and loans, or either, from the United |
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| States
Government, or any agency or agencies thereof, for |
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| financing the
acquisition or purchase of any and all real |
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| estate, or rights therein,
or for effecting any of the powers |
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| or purposes granted under this Code
as its Board may deem |
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| proper.
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| (h) To establish fees for the use of facilities and |
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| recreational programs of
the districts and to derive revenue |
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| from non-resident fees from their
operations. Fees charged |
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| non-residents of such district need not be the same as
fees |
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| charged to residents of the district. Charging fees or deriving |
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LRB095 06349 HLH 26445 b |
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| revenue
from the facilities and recreational programs shall not |
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| affect the right to
assert or utilize any defense or immunity, |
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| common law or statutory, available
to the districts or their |
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| employees.
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| (i) To make contracts for a term exceeding one year, but |
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| not to exceed
3 years, notwithstanding any provision of this |
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| Code to the contrary,
relating to: (1) the employment of a park |
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| director, superintendent,
administrator, engineer, health |
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| officer, land planner, finance director,
attorney, police |
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| chief, or other officer who requires technical training or
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| knowledge; (2) the employment of outside professional |
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| consultants such as
engineers, doctors, land planners, |
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| auditors, attorneys, or other
professional consultants who |
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| require technical training or knowledge; and (3)
the provision |
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| of data processing equipment and services. With respect to
any |
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| contract made under this subsection (i), the corporate |
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| authorities
shall include in the annual appropriation |
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| ordinance for each fiscal year an
appropriation of a sum of |
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| money sufficient to pay the amount which, by the
terms of the |
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| contract, is to become due and payable during that fiscal year.
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| (j) To enter into licensing or management agreements with |
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| not-for-profit
corporations organized under the laws of this |
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| State to operate park district
facilities if the corporation |
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| covenants to use the facilities to provide public
park or |
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| recreational programs for youth.
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| (Source: P.A. 93-897, eff. 1-1-05; 94-1055, eff. 1-1-07.)
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