Full Text of HB3892 97th General Assembly
HB3892 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3892 Introduced 11/29/2011, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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70 ILCS 805/6 | from Ch. 96 1/2, par. 6309 |
70 ILCS 805/8 | from Ch. 96 1/2, par. 6315 |
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Amends the Downstate Forest Preserve District Act. Provides that the corporate authorities of a forest preserve district, by ordinance or resolution, may authorize the sale or public auction of a structure located on land owned by the district. Sets forth requirements that must be met concerning the sale of the land, publication of notice, and acceptance of an offer. Further provides that surplus personal property may also be sold if three-fifths of the members of the board of commissioners of a forest preserve district find the sale to be in the best interests of the district. Provides that that the district is not required to advertise the sale of surplus personal property. Effective immediately.
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| 1 | | AN ACT concerning local government.
| 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 Sections 6 and 8 as follows:
| 6 | | (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
| 7 | | Sec. 6. Acquisition of property. Any such District shall | 8 | | have power to
acquire lands and grounds
for the aforesaid | 9 | | purposes by lease, or in fee simple by gift, grant, legacy,
| 10 | | purchase or condemnation, or to acquire easements in land, and | 11 | | to construct,
lay out, improve and maintain wells, power | 12 | | plants, comfort stations,
shelter houses, paths, driveways, | 13 | | public roads, roadways and other
improvements and facilities in | 14 | | and through such forest preserves as they
shall deem necessary | 15 | | or desirable for the use of such forest preserves by
the public | 16 | | and may acquire, develop, improve and maintain waterways in
| 17 | | conjunction with the district. No district with a population | 18 | | less than
600,000 shall have the power to purchase, condemn, | 19 | | lease or acquire an
easement in property within a municipality | 20 | | without the concurrence of the
governing body of the | 21 | | municipality, except where such district is acquiring
land for | 22 | | a linear park or trail not to exceed 100 yards in width or is
| 23 | | acquiring land contiguous to an existing park or forest |
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| 1 | | preserve, and no
municipality shall annex any land for the | 2 | | purpose of defeating a District
acquisition once the District | 3 | | has given notice of intent to acquire a
specified parcel of | 4 | | land. No district with a population of less than
500,000 shall | 5 | | (i) have the power
to condemn property for a linear park or | 6 | | trail within a municipality
without the concurrence of the
| 7 | | governing body of the municipality or (ii) have the power to
| 8 | | condemn property for a linear park or
trail in an | 9 | | unincorporated area without the concurrence of the governing
| 10 | | body of the township within which the property is located or | 11 | | (iii) once
having commenced a proceeding to acquire land by | 12 | | condemnation, dismiss or
abandon that proceeding without the | 13 | | consent of the property owners.
No district shall establish a | 14 | | trail surface within 50 feet of an occupied
dwelling which was | 15 | | in existence prior to the approval of the acquisition by
the | 16 | | district without obtaining permission of the owners of the | 17 | | premises or
the concurrence of the governing body of the | 18 | | municipality or township within
which the property is located. | 19 | | All acquisitions of land by a district with a
population less | 20 | | than 600,000
within 1 1/2 miles of a municipality shall be | 21 | | preceded by a conference with
the mayor or president of the | 22 | | municipality or his designated agent. If a
forest preserve | 23 | | district is in negotiations for acquisition of land with
owners | 24 | | of land adjacent to a municipality, the annexation of that land
| 25 | | shall be deferred for 6 months. The district shall have no | 26 | | power to acquire
an interest in real estate situated outside |
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| 1 | | the district by the exercise of
the right of eminent domain, by | 2 | | purchase or by lease, but shall have the
power to acquire any | 3 | | such property, or an easement in any such property,
which is | 4 | | contiguous to the district by gift, legacy, grant, or lease
by | 5 | | the State of Illinois, subject to
approval of the county board | 6 | | of the county, and of any forest preserve
district or | 7 | | conservation district, within which the property is located.
| 8 | | The district shall have the same control of and power over | 9 | | land, an
interest in which it has so acquired, as over forest | 10 | | preserves within the
district. If any of the powers to acquire | 11 | | lands and hold
or improve the same given to Forest Preserve | 12 | | Districts, by Sections 5
and 6 of this Act should be held | 13 | | invalid, such invalidity shall not
invalidate the remainder of | 14 | | this Act or any of the other powers herein
given and conferred | 15 | | upon the Forest Preserve Districts. Such Forest
Preserve | 16 | | Districts shall also have power to lease not to exceed 40 acres
| 17 | | of the lands and grounds acquired by it, for a term of not more | 18 | | than 99
years to veterans' organizations as grounds for | 19 | | convalescing sick and
disabled veterans, and as a place upon | 20 | | which to construct rehabilitation
quarters, or to a county as | 21 | | grounds for a county nursing home or
convalescent home. Any | 22 | | such Forest Preserve District shall also have
power to grant | 23 | | licenses, easements and rights-of-way for the
construction, | 24 | | operation and maintenance upon, under or across any
property of | 25 | | such District of facilities for water, sewage, telephone,
| 26 | | telegraph, electric, gas or other public service, subject to |
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| 1 | | such terms
and conditions as may be determined by such | 2 | | District.
| 3 | | Any such District may purchase, but not condemn, a parcel | 4 | | of land and sell a
portion thereof for not less than fair | 5 | | market value pursuant to resolution
of the Board. Such | 6 | | resolution shall
be passed by the affirmative vote of at least | 7 | | 2/3 of all members of the
board within 30 days after | 8 | | acquisition by the district of such parcel.
| 9 | | The corporate authorities of a forest preserve district, by | 10 | | ordinance or resolution, may authorize the sale or public | 11 | | auction of a structure located on land owned by the district if | 12 | | (i) the structure existed on the land prior to the district's | 13 | | acquisition of the land, (ii) two-thirds of the members of the | 14 | | board of commissioners then holding office find that the | 15 | | structure is not necessary or is not useful to or for the best | 16 | | interest of the forest preserve district, (iii) a condition of | 17 | | sale or auction requires the transferee of the structure to | 18 | | remove the structure from district land, and (iv) prior to the | 19 | | sale or auction, the fair market value of the structure is | 20 | | determined by a written MAI-certified appraisal or by a written | 21 | | certified appraisal of a State certified or licensed real | 22 | | estate appraiser and the appraisal is available for public | 23 | | inspection. The ordinance or resolution shall (i) direct the | 24 | | sale to be conducted by the staff of the district, a listing | 25 | | with local licensed real estate agencies (in which case the | 26 | | terms of the agent's compensation shall be included in the |
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| 1 | | ordinance or resolution), or by public auction, (ii) be | 2 | | published within 7 days after its passage in a newspaper | 3 | | published in the district, and (iii) contain pertinent | 4 | | information concerning the nature of the structure and any | 5 | | terms or conditions of sale or auction. No earlier than 14 days | 6 | | after the publication, the corporate authorities may accept any | 7 | | offer for the structure determined by them to be in the best | 8 | | interest of the district by a vote of two-thirds of the | 9 | | corporate authorities then holding office. | 10 | | Whenever the board of any forest preserve district | 11 | | determines that
the public interest will be subserved by | 12 | | vacating any street, roadway,
or driveway, or part thereof, | 13 | | located within a forest preserve, it may
vacate that street, | 14 | | roadway, or driveway, or part thereof, by an
ordinance passed | 15 | | by the affirmative vote of at least 3/4 of
all the members of | 16 | | the board, except that the affirmative vote of at least
6/7 of | 17 | | all the members of the board is required if the board members | 18 | | are
elected under Section 3c of this Act. This vote shall be | 19 | | taken by ayes and
nays and entered in the records of the board.
| 20 | | The determination of the board that the nature and extent | 21 | | of the
public use or public interest to be subserved is such as | 22 | | to warrant the
vacation of any street, roadway, or driveway, or | 23 | | part thereof, is
conclusive, and the passage of such an | 24 | | ordinance is sufficient evidence
of that determination, | 25 | | whether so recited in the ordinance or not. The
relief to the | 26 | | public from further burden and responsibility of
maintaining |
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| 1 | | any street, roadway or driveway, or part thereof,
constitutes a | 2 | | public use or public interest authorizing the vacation.
| 3 | | Nothing contained in this Section shall be construed to | 4 | | authorize the
board of any forest preserve district to vacate | 5 | | any street, roadway, or
driveway, or part thereof, that is part | 6 | | of any State or county highway.
| 7 | | When property is damaged by the vacation or closing of any | 8 | | street,
roadway, or driveway, or part thereof, damage shall be | 9 | | ascertained and
paid as provided by law.
| 10 | | Except in cases where the deed, or other instrument | 11 | | dedicating a
street, roadway, or driveway, or part thereof, has | 12 | | expressly provided
for a specific devolution of the title | 13 | | thereto upon the abandonment or
vacation thereof, and except | 14 | | where such street, roadway or driveway, or
part thereof, is | 15 | | held by the district by lease, or where the district holds
an | 16 | | easement in the land included within the street, roadway or | 17 | | driveway,
whenever any street, roadway, or driveway, or part
| 18 | | thereof is vacated under or by virtue of any ordinance of any | 19 | | forest
preserve district, the title to the land in fee simple | 20 | | included within
the street, roadway, or driveway, or part | 21 | | thereof, so vacated vests in
the forest preserve district.
| 22 | | The board of any forest preserve district is authorized to | 23 | | sell at
fair market price, gravel, sand, earth and any other | 24 | | material obtained
from the lands and waters owned by the | 25 | | district.
| 26 | | For the purposes of this Section, "acquiring land" includes |
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| 1 | | acquiring a
fee simple, lease or easement in land.
| 2 | | (Source: P.A. 93-247, eff. 7-22-03.)
| 3 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 4 | | Sec. 8. Powers and duties of corporate authority and | 5 | | officers; contracts; salaries.
| 6 | | (a) The board shall be the corporate authority of such | 7 | | forest
preserve district and shall have power to pass and | 8 | | enforce all necessary
ordinances, rules and regulations for the | 9 | | management of the property and
conduct of the business of such | 10 | | district. The president of such board
shall have power to | 11 | | appoint such employees as may be necessary. In counties
with | 12 | | population of less than 3,000,000, within 60 days after their | 13 | | selection
the commissioners appointed under the provisions of | 14 | | Section 3a of this Act
shall organize by selecting from their | 15 | | members a president, secretary,
treasurer and such other | 16 | | officers as are deemed necessary who shall hold
office for the | 17 | | fiscal year in which elected and until their successors are
| 18 | | selected and qualify. In the one district in existence on July | 19 | | 1, 1977, that
is managed by an appointed board of | 20 | | commissioners, the incumbent president
and the other officers | 21 | | appointed in the manner as originally prescribed in this
Act | 22 | | shall hold such offices until the completion of their | 23 | | respective terms or
in the case of the officers other than | 24 | | president until their successors
are appointed by said | 25 | | president, but in all cases not to extend beyond January
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| 1 | | 1980 and until their successors are selected and qualify. | 2 | | Thereafter,
the officers shall be selected in the manner as | 3 | | prescribed in this Section
except that their first term of | 4 | | office shall not expire until June 30, 1981
and until their | 5 | | successors are selected and qualify.
| 6 | | (b) In any county, city, village, incorporated town or
| 7 | | sanitary district where the corporate authorities act as the
| 8 | | governing body of a forest preserve district, the person | 9 | | exercising
the powers of the president of the board shall have | 10 | | power to appoint a
secretary and an assistant secretary and | 11 | | treasurer and an assistant
treasurer and such other officers | 12 | | and such employees as may be necessary.
The assistant secretary | 13 | | and assistant treasurer shall perform the duties
of the | 14 | | secretary and treasurer, respectively in case of death of such | 15 | | officers
or when such officers are unable to perform the duties | 16 | | of their respective
offices. All contracts for supplies, | 17 | | material or
work involving an expenditure in excess of $20,000 | 18 | | shall be let to the lowest
responsible bidder, after | 19 | | advertising at least once in one or more
newspapers of general | 20 | | circulation within the district, excepting work
requiring | 21 | | personal confidence or necessary
supplies under the control of | 22 | | monopolies, where competitive bidding is
impossible. Contracts | 23 | | for supplies, material or work involving an
expenditure of | 24 | | $20,000 or less may be let without advertising for bids,
but | 25 | | whenever practicable, at least 3 competitive bids shall be | 26 | | obtained
before letting such contract. All contracts for |
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| 1 | | supplies, material or
work shall be signed by the president of | 2 | | the board of commissioners or
by any such other officer as the | 3 | | board in its discretion may designate.
| 4 | | (c) The president of any board of commissioners appointed | 5 | | under the
provisions of Section 3a of this Act shall receive a | 6 | | salary not to
exceed the sum of $2500 per annum and the salary | 7 | | of other members of the
board so appointed shall not exceed | 8 | | $1500 per annum. Salaries of the
commissioners, officers and | 9 | | employees shall be fixed by ordinance.
| 10 | | (d) Whenever a forest preserve district owns any personal | 11 | | property that, in the opinion of three-fifths of the members of | 12 | | the board of commissioners is no longer necessary, useful to, | 13 | | or for the best interests of the forest preserve district, then | 14 | | three-fifths of the members of the board, at any regular | 15 | | meeting or any special meeting called for that purpose by an | 16 | | ordinance or resolution that includes a general description of | 17 | | the personal property, may authorize the conveyance or sale of | 18 | | that personal property in any manner that they may designate, | 19 | | with or without advertising the sale. | 20 | | (Source: P.A. 93-897, eff. 1-1-05.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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