Illinois General Assembly - Full Text of SB3387
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Full Text of SB3387  98th General Assembly


Rep. Stephanie A. Kifowit

Filed: 5/14/2014





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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
12    The initial three districts of the Fox Valley Park District
13shall be as follows:
14        (1) Those portions of Kane County and Kendall County
15    west of the Fox River.
16        (2) Those portions of Kane County and Kendall County
17    east of the Fox River and south and west of a line
18    following Indian Trail Road from the center line of the Fox
19    River easterly to the intersection with Farnsworth Avenue,
20    then southerly along Farnsworth Avenue to the intersection
21    with the Burlington Northern Santa Fe Railroad, then
22    easterly to the county line.
23        (3) Those portions of the district in DuPage County and
24    Will County and that portion of Kane County generally north
25    and east of a line following Indian Trail Road from the
26    center line of the Fox River easterly to the intersection



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1    with Farnsworth Avenue, then southerly along Farnsworth
2    Avenue to the intersection with Burlington Northern Santa
3    Fe Railroad, then easterly to the county line.
4    In the year following the next decennial census and each
5decennial census thereafter, the board of commissioners shall
6reapportion the districts to reflect the results of the census.
7The term of office for the commissioners elected under this
8Section shall commence on the first Monday of the month
9following the month of election. The terms of all appointed
10trustees serving on the effective date of this amendatory Act
11of the 98th General Assembly shall end when their successors
12have been elected and qualified.
13    (d) The Fox Valley Park District board of commissioners
14shall elect officers of the board at the first meeting of the
15board following the next consolidated election for park
16district commissioners.
17    (e) As of the effective date of this amendatory Act of the
1898th General Assembly, each Fox Valley Pleasure Driveway and
19Park District trustee in office shall, as a member of the board
20of the Fox Valley Park District, perform the duties and
21exercise the powers conferred upon park board commissioners
22under this Code, until his or her successor is elected and has
24    (f) Any tax authorized by referendum or other means under
25this Code and levied by the Fox Valley Pleasure Driveway and
26Park District before the effective date of this amendatory Act



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1of the 98th General Assembly shall not be affected or abrogated
2because of the name change, and the Fox Valley Park District
3may continue to levy and collect that tax.
4    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
5    Sec. 2-18. (a) Except for the Fox Valley Park District on
6and after the effective date of this amendatory Act of the 98th
7General Assembly, in In any Pleasure Driveway and Park District
8in which the legal voters have heretofore determined that the
9governing board shall be appointed, such method shall continue
10in effect and the board shall consist of 7 trustees. In such
11case and if the district is wholly contained within a single
12county the trustees shall be appointed by the presiding officer
13of the county board with the advice and consent of the county
14board. If the district is located in more than one county, the
15number of trustees who are residents of a county shall be in
16proportion, as nearly as practicable, to the number of
17residents of the district who reside in that county in relation
18to the total population of the district, except that the board
19of trustees may determine that one trustee is to be appointed
20from each county within the district, such appointment to be
21made by the appropriate appointing authority as hereinafter
22provided. Each trustee shall be appointed by the county board
23of his or her county of residence, or in the case of a home rule
24county, by the chief executive officer of the county with the
25advice and consent of the county board.



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1    (b) Upon the expiration of the term of a trustee who is in
2office at the time of the publication of each decennial Federal
3census of population, the successor shall be a resident of
4whichever county is entitled to such representation as
5determined under subsection (a), and he shall be appointed by
6the county board of that county, or in the case of a home rule
7county as defined by Article VII, Section 6 of the Illinois
8Constitution, the chief executive officer of that county, with
9the advice and consent of the county board. Thereafter, each
10trustee shall be succeeded by a resident of the same county who
11shall be appointed by the same appointing authority. The
12appropriate appointing authority shall appoint trustees
13biennially for such district on the first Monday in July, to
14fill the vacancies on the board of trustees caused by the
15expiration of the term of office of trustees and the trustees
16shall be legal voters and reside within the park district;
17provided, that no more than 4 trustees at any one time shall
18belong to the same political party. Each of the trustees shall
19receive a certificate of appointment and qualify within 10 days
20from the receipt of notice of appointment.
21    Trustees shall be appointed for a period of 4 years and
22shall hold their office until their successors are appointed
23and qualified.
24    Whenever a vacancy is created other than by the expiration
25of a trustee's term of office, it shall be filled by the
26appropriate appointing authority as provided in subsection



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



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1by condemnation in the manner provided for the exercise of the
2power of eminent domain under the Eminent Domain Act, any and
3all real estate, or rights therein necessary for building,
4laying out, extending, adorning and maintaining any such parks,
5boulevards and driveways, or for effecting any of the powers or
6purposes granted under this Code as its board may deem proper,
7whether such lands be located within or without such district;
8but no park district, except as provided in paragraph (2) of
9this subsection, shall have any power of condemnation in the
10manner provided for the exercise of the power of eminent domain
11under the Eminent Domain Act or otherwise as to any real
12estate, lands, riparian rights or estate, or other property
13situated outside of such district, but shall only have power to
14acquire the same by gift, legacy, grant or purchase, and such
15district shall have the same control of and power over lands so
16acquired without the district as over parks, boulevards and
17driveways within such district.
18    (2) In addition to the powers granted in paragraph (1) of
19subsection (b), a park district located in more than one
20county, the majority of its territory located in a county over
21450,000 in population and none of its territory located in a
22county over 1,000,000 in population, shall have condemnation
23power in the manner provided for the exercise of the power of
24eminent domain under the Eminent Domain Act or as otherwise
25granted by law as to any and all real estate situated up to one
26mile outside of such district which is not within the



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



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1competitive bidding. Contracts for emergency expenditures are
2also exempt from competitive bidding when the emergency
3expenditure is approved by 3/4 of the members of the board.
4    All competitive bids for contracts involving an
5expenditure in excess of $20,000 must be sealed by the bidder
6and must be opened by a member or employee of the park board at
7a public bid opening at which the contents of the bids must be
8announced. Each bidder must receive at least 3 days notice of
9the time and place of the bid opening.
10    For purposes of this subsection, "due advertisement"
11includes, but is not limited to, at least one public notice at
12least 10 days before the bid date in a newspaper published in
13the district or, if no newspaper is published in the district,
14in a newspaper of general circulation in the area of the
16    (d) To pass all necessary ordinances, rules and regulations
17for the proper management and conduct of the business of the
18board and district and to establish by ordinance all needful
19rules and regulations for the government and protection of
20parks, boulevards and driveways and other property under its
21jurisdiction, and to effect the objects for which such
22districts are formed.
23    (e) To prescribe such fines and penalties for the violation
24of ordinances as it shall deem proper not exceeding $1,000 for
25any one offense, which fines and penalties may be recovered by
26an action in the name of such district in the circuit court for



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1the county in which such violation occurred. The park district
2may also seek in the action, in addition to or instead of fines
3and penalties, an order that the offender be required to make
4restitution for damage resulting from violations, and the court
5shall grant such relief where appropriate. The procedure in
6such actions shall be the same as that provided by law for like
7actions for the violation of ordinances in cities organized
8under the general laws of this State, and offenders may be
9imprisoned for non-payment of fines and costs in the same
10manner as in such cities. All fines when collected shall be
11paid into the treasury of such district.
12    (f) To manage and control all officers and property of such
13districts and to provide for joint ownership with one or more
14cities, villages or incorporated towns of real and personal
15property used for park purposes by one or more park districts.
16In case of joint ownership, the terms of the agreement shall be
17fair, just and equitable to all parties and shall be set forth
18in a written agreement entered into by the corporate
19authorities of each participating district, city, village or
20incorporated town.
21    (g) To secure grants and loans, or either, from the United
22States Government, or any agency or agencies thereof, for
23financing the acquisition or purchase of any and all real
24estate, or rights therein, or for effecting any of the powers
25or purposes granted under this Code as its Board may deem



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1    (h) To establish fees for the use of facilities and
2recreational programs of the districts and to derive revenue
3from non-resident fees from their operations. Fees charged
4non-residents of such district need not be the same as fees
5charged to residents of the district. Charging fees or deriving
6revenue from the facilities and recreational programs shall not
7affect the right to assert or utilize any defense or immunity,
8common law or statutory, available to the districts or their
10    (i) To make contracts for a term exceeding one year, but
11not to exceed 3 years, notwithstanding any provision of this
12Code to the contrary, relating to: (1) the employment of a park
13director, superintendent, administrator, engineer, health
14officer, land planner, finance director, attorney, police
15chief, or other officer who requires technical training or
16knowledge; (2) the employment of outside professional
17consultants such as engineers, doctors, land planners,
18auditors, attorneys, or other professional consultants who
19require technical training or knowledge; (3) the provision of
20data processing equipment and services; and (4) the purchase of
21energy from a utility or an alternative retail electric
22supplier. With respect to any contract made under this
23subsection (i), the corporate authorities shall include in the
24annual appropriation ordinance for each fiscal year an
25appropriation of a sum of money sufficient to pay the amount
26which, by the terms of the contract, is to become due and



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



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1name of a park district by a Public Act shall be complete upon
2the Public Act becoming law.
3(Source: Laws 1951, p. 113.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".