Full Text of HB0553 95th General Assembly
HB0553enr 95TH GENERAL ASSEMBLY
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HB0553 Enrolled |
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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 | 5 |
| 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 | 8 |
| shall, from the time of its
organization, be a body corporate | 9 |
| and politic by such name as set forth
in the petition for its | 10 |
| organization or such name as it may adopt under
Section 8-8 | 11 |
| hereof and shall have and exercise the following powers:
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| (a) To adopt a corporate seal and alter the same at | 13 |
| pleasure; to sue
and be sued; and to contract in furtherance of | 14 |
| any of its corporate purposes.
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| (b) (1) To acquire by gift, legacy, grant or purchase, or | 16 |
| by
condemnation in the manner provided for the exercise of the | 17 |
| power of eminent
domain under the Eminent Domain Act, any and | 18 |
| all real estate, or
rights therein necessary for building, | 19 |
| laying out, extending, adorning
and maintaining any such parks, | 20 |
| boulevards and driveways, or for
effecting any of the powers or | 21 |
| purposes granted under this Code as its
board may deem proper, | 22 |
| whether such lands be located within or without such
district; | 23 |
| but no park district, except as provided in paragraph (2) of |
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| this
subsection, shall have any power of condemnation in the | 2 |
| manner provided for the
exercise of the power of eminent domain | 3 |
| under the Eminent Domain Act or otherwise as to any real
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| estate, lands, riparian rights or estate, or other property | 5 |
| situated outside of
such district, but shall only have power to | 6 |
| acquire the same by gift, legacy,
grant or purchase, and such | 7 |
| district shall have the same control of and power
over lands so | 8 |
| 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 | 11 |
| subsection (b),
a park district located in more than one | 12 |
| county, the majority of its territory
located in a county over | 13 |
| 450,000 in population and none of its territory
located in a | 14 |
| 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 | 16 |
| eminent domain
under the Eminent Domain Act
or as otherwise | 17 |
| granted by law
as to any and all real estate situated up to one | 18 |
| mile outside of such district
which is not within the | 19 |
| boundaries of another park district.
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| (c) To acquire by gift, legacy or purchase any personal | 21 |
| property necessary
for its corporate purposes provided that all | 22 |
| contracts for supplies, materials
or work involving an | 23 |
| expenditure in excess of $20,000 shall be let to the
lowest | 24 |
| responsible bidder after due advertisement. No district shall | 25 |
| be required to accept a bid that does not meet the district's | 26 |
| established , considering conformity with specifications, terms |
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| of
delivery, quality, and serviceability requirements. | 2 |
| Contracts which, by their nature , after due advertisement, | 3 |
| excepting
contracts which by their nature are not adapted to | 4 |
| award by competitive
bidding, such as contracts for the | 5 |
| services of individuals
possessing a high degree of | 6 |
| professional skill where the ability or
fitness of the | 7 |
| individual plays an important part, contracts for the
printing | 8 |
| of finance committee reports and departmental reports,
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| contracts for the printing or engraving of bonds, tax warrants | 10 |
| and other
evidences of indebtedness, contracts for utility | 11 |
| services such as water,
light, heat, telephone or telegraph, | 12 |
| contracts for the use, purchase,
delivery, movement, or | 13 |
| installation of data processing equipment, software, or
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| services and telecommunications and interconnect equipment, | 15 |
| software, or
services, contracts for duplicating machines and | 16 |
| supplies, contracts for goods
or services procured from another | 17 |
| governmental agency, purchases of equipment
previously owned | 18 |
| by some entity other than the district itself, and
contracts | 19 |
| for the purchase of magazines, books, periodicals, pamphlets | 20 |
| and
reports are not subject to competitive bidding. Contracts | 21 |
| for emergency expenditures are also exempt from competitive | 22 |
| bidding when the
and excepting where funds are expended in an | 23 |
| emergency and such
emergency expenditure is approved by 3/4 of | 24 |
| the members of the board.
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| All competitive bids for contracts involving an | 26 |
| 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 | 2 |
| a public bid opening at which the contents of the bids
must be | 3 |
| announced. Each bidder must receive at least 3 days notice of | 4 |
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time and place of the bid opening.
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| For purposes of this subsection, "due advertisement" | 6 |
| includes, but is not
limited to, at least one public notice at | 7 |
| least 10 days before the bid date in
a newspaper published in | 8 |
| the district or, if no newspaper is published in the
district, | 9 |
| in a newspaper of general circulation in the area of the | 10 |
| district.
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| (d) To pass all necessary ordinances, rules and regulations | 12 |
| for the
proper management and conduct of the business of the | 13 |
| board and district
and to establish by ordinance all needful | 14 |
| rules and regulations for the
government and protection of | 15 |
| parks, boulevards and driveways and other
property under its | 16 |
| jurisdiction, and to effect the objects for which
such | 17 |
| districts are formed.
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| (e) To prescribe such fines and penalties for the violation | 19 |
| of
ordinances as it shall deem proper not exceeding $1,000 for | 20 |
| any
one
offense, which fines and penalties may be recovered by | 21 |
| an action in the name
of such district in the circuit court for | 22 |
| the county in which such
violation occurred. The park district | 23 |
| may also seek in the action, in
addition to or instead of fines | 24 |
| and penalties, an order that the offender
be required to make | 25 |
| restitution for damage resulting from violations, and
the court | 26 |
| 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 | 2 |
| actions for the
violation of ordinances in cities organized | 3 |
| under the general laws of this
State, and offenders may be | 4 |
| imprisoned for non-payment of fines and costs in
the same | 5 |
| manner as in such cities. All fines when collected shall be | 6 |
| 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 | 9 |
| cities,
villages or incorporated towns of real and personal | 10 |
| property used for
park purposes by one or more park districts. | 11 |
| In case of joint ownership,
the terms of the agreement shall be | 12 |
| fair, just and equitable to all
parties and shall be set forth | 13 |
| in a written agreement entered into by
the corporate | 14 |
| authorities of each participating district, city, village
or | 15 |
| incorporated town.
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| (g) To secure grants and loans, or either, from the United | 17 |
| States
Government, or any agency or agencies thereof, for | 18 |
| financing the
acquisition or purchase of any and all real | 19 |
| estate, or rights therein,
or for effecting any of the powers | 20 |
| or purposes granted under this Code
as its Board may deem | 21 |
| proper.
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| (h) To establish fees for the use of facilities and | 23 |
| recreational programs of
the districts and to derive revenue | 24 |
| from non-resident fees from their
operations. Fees charged | 25 |
| non-residents of such district need not be the same as
fees | 26 |
| charged to residents of the district. Charging fees or deriving |
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| revenue
from the facilities and recreational programs shall not | 2 |
| affect the right to
assert or utilize any defense or immunity, | 3 |
| common law or statutory, available
to the districts or their | 4 |
| employees.
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| (i) To make contracts for a term exceeding one year, but | 6 |
| not to exceed
3 years, notwithstanding any provision of this | 7 |
| Code to the contrary,
relating to: (1) the employment of a park | 8 |
| director, superintendent,
administrator, engineer, health | 9 |
| officer, land planner, finance director,
attorney, police | 10 |
| chief, or other officer who requires technical training or
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| knowledge; (2) the employment of outside professional | 12 |
| consultants such as
engineers, doctors, land planners, | 13 |
| auditors, attorneys, or other
professional consultants who | 14 |
| require technical training or knowledge; and (3)
the provision | 15 |
| of data processing equipment and services. With respect to
any | 16 |
| contract made under this subsection (i), the corporate | 17 |
| authorities
shall include in the annual appropriation | 18 |
| ordinance for each fiscal year an
appropriation of a sum of | 19 |
| money sufficient to pay the amount which, by the
terms of the | 20 |
| contract, is to become due and payable during that fiscal year.
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| (j) To enter into licensing or management agreements with | 22 |
| not-for-profit
corporations organized under the laws of this | 23 |
| State to operate park district
facilities if the corporation | 24 |
| covenants to use the facilities to provide public
park or | 25 |
| 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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