Full Text of HB3892 97th General Assembly
HB3892enr 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,
| 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 | 10 | | that (i) is located in a county that has more than 700,000 | 11 | | inhabitants, (ii) borders a county that has 1,000,000 or more | 12 | | inhabitants, and (iii) also borders another state, by ordinance | 13 | | or resolution, may authorize the sale or public auction of a | 14 | | structure located on land owned by the district if (i) the | 15 | | structure existed on the land prior to the district's | 16 | | acquisition of the land, (ii) two-thirds of the members of the | 17 | | board of commissioners then holding office find that the | 18 | | structure is not necessary or is not useful to or for the best | 19 | | interest of the forest preserve district, (iii) a condition of | 20 | | sale or auction requires the transferee of the structure to | 21 | | remove the structure from district land, and (iv) prior to the | 22 | | sale or auction, the fair market value of the structure is | 23 | | determined by a written MAI-certified appraisal or by a written | 24 | | certified appraisal of a State certified or licensed real | 25 | | estate appraiser and the appraisal is available for public | 26 | | inspection. The ordinance or resolution shall (i) direct the |
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| 1 | | sale to be conducted by the staff of the district, a listing | 2 | | with local licensed real estate agencies (in which case the | 3 | | terms of the agent's compensation shall be included in the | 4 | | ordinance or resolution), or by public auction, (ii) be | 5 | | published within 7 days after its passage in a newspaper | 6 | | published in the district, and (iii) contain pertinent | 7 | | information concerning the nature of the structure and any | 8 | | terms or conditions of sale or auction. No earlier than 14 days | 9 | | after the publication, the corporate authorities may accept any | 10 | | offer for the structure determined by them to be in the best | 11 | | interest of the district by a vote of two-thirds of the | 12 | | corporate authorities then holding office. | 13 | | Whenever the board of any forest preserve district | 14 | | determines that
the public interest will be subserved by | 15 | | vacating any street, roadway,
or driveway, or part thereof, | 16 | | located within a forest preserve, it may
vacate that street, | 17 | | roadway, or driveway, or part thereof, by an
ordinance passed | 18 | | by the affirmative vote of at least 3/4 of
all the members of | 19 | | the board, except that the affirmative vote of at least
6/7 of | 20 | | all the members of the board is required if the board members | 21 | | are
elected under Section 3c of this Act. This vote shall be | 22 | | taken by ayes and
nays and entered in the records of the board.
| 23 | | The determination of the board that the nature and extent | 24 | | of the
public use or public interest to be subserved is such as | 25 | | to warrant the
vacation of any street, roadway, or driveway, or | 26 | | part thereof, is
conclusive, and the passage of such an |
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| 1 | | ordinance is sufficient evidence
of that determination, | 2 | | whether so recited in the ordinance or not. The
relief to the | 3 | | public from further burden and responsibility of
maintaining | 4 | | any street, roadway or driveway, or part thereof,
constitutes a | 5 | | public use or public interest authorizing the vacation.
| 6 | | Nothing contained in this Section shall be construed to | 7 | | authorize the
board of any forest preserve district to vacate | 8 | | any street, roadway, or
driveway, or part thereof, that is part | 9 | | of any State or county highway.
| 10 | | When property is damaged by the vacation or closing of any | 11 | | street,
roadway, or driveway, or part thereof, damage shall be | 12 | | ascertained and
paid as provided by law.
| 13 | | Except in cases where the deed, or other instrument | 14 | | dedicating a
street, roadway, or driveway, or part thereof, has | 15 | | expressly provided
for a specific devolution of the title | 16 | | thereto upon the abandonment or
vacation thereof, and except | 17 | | where such street, roadway or driveway, or
part thereof, is | 18 | | held by the district by lease, or where the district holds
an | 19 | | easement in the land included within the street, roadway or | 20 | | driveway,
whenever any street, roadway, or driveway, or part
| 21 | | thereof is vacated under or by virtue of any ordinance of any | 22 | | forest
preserve district, the title to the land in fee simple | 23 | | included within
the street, roadway, or driveway, or part | 24 | | thereof, so vacated vests in
the forest preserve district.
| 25 | | The board of any forest preserve district is authorized to | 26 | | sell at
fair market price, gravel, sand, earth and any other |
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| 1 | | material obtained
from the lands and waters owned by the | 2 | | district.
| 3 | | For the purposes of this Section, "acquiring land" includes | 4 | | acquiring a
fee simple, lease or easement in land.
| 5 | | (Source: P.A. 93-247, eff. 7-22-03.)
| 6 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 7 | | Sec. 8. Powers and duties of corporate authority and | 8 | | officers; contracts; salaries.
| 9 | | (a) The board shall be the corporate authority of such | 10 | | forest
preserve district and shall have power to pass and | 11 | | enforce all necessary
ordinances, rules and regulations for the | 12 | | management of the property and
conduct of the business of such | 13 | | district. The president of such board
shall have power to | 14 | | appoint such employees as may be necessary. In counties
with | 15 | | population of less than 3,000,000, within 60 days after their | 16 | | selection
the commissioners appointed under the provisions of | 17 | | Section 3a of this Act
shall organize by selecting from their | 18 | | members a president, secretary,
treasurer and such other | 19 | | officers as are deemed necessary who shall hold
office for the | 20 | | fiscal year in which elected and until their successors are
| 21 | | selected and qualify. In the one district in existence on July | 22 | | 1, 1977, that
is managed by an appointed board of | 23 | | commissioners, the incumbent president
and the other officers | 24 | | appointed in the manner as originally prescribed in this
Act | 25 | | shall hold such offices until the completion of their |
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| 1 | | respective terms or
in the case of the officers other than | 2 | | president until their successors
are appointed by said | 3 | | president, but in all cases not to extend beyond January
1, | 4 | | 1980 and until their successors are selected and qualify. | 5 | | Thereafter,
the officers shall be selected in the manner as | 6 | | prescribed in this Section
except that their first term of | 7 | | office shall not expire until June 30, 1981
and until their | 8 | | successors are selected and qualify.
| 9 | | (b) In any county, city, village, incorporated town or
| 10 | | sanitary district where the corporate authorities act as the
| 11 | | governing body of a forest preserve district, the person | 12 | | exercising
the powers of the president of the board shall have | 13 | | power to appoint a
secretary and an assistant secretary and | 14 | | treasurer and an assistant
treasurer and such other officers | 15 | | and such employees as may be necessary.
The assistant secretary | 16 | | and assistant treasurer shall perform the duties
of the | 17 | | secretary and treasurer, respectively in case of death of such | 18 | | officers
or when such officers are unable to perform the duties | 19 | | of their respective
offices. All contracts for supplies, | 20 | | material or
work involving an expenditure in excess of $20,000 | 21 | | shall be let to the lowest
responsible bidder, after | 22 | | advertising at least once in one or more
newspapers of general | 23 | | circulation within the district, excepting work
requiring | 24 | | personal confidence or necessary
supplies under the control of | 25 | | monopolies, where competitive bidding is
impossible. Contracts | 26 | | for supplies, material or work involving an
expenditure of |
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| 1 | | $20,000 or less may be let without advertising for bids,
but | 2 | | whenever practicable, at least 3 competitive bids shall be | 3 | | obtained
before letting such contract. All contracts for | 4 | | supplies, material or
work shall be signed by the president of | 5 | | the board of commissioners or
by any such other officer as the | 6 | | board in its discretion may designate.
| 7 | | (c) The president of any board of commissioners appointed | 8 | | under the
provisions of Section 3a of this Act shall receive a | 9 | | salary not to
exceed the sum of $2500 per annum and the salary | 10 | | of other members of the
board so appointed shall not exceed | 11 | | $1500 per annum. Salaries of the
commissioners, officers and | 12 | | employees shall be fixed by ordinance.
| 13 | | (d) Whenever a forest preserve district owns any personal | 14 | | property that, in the opinion of three-fifths of the members of | 15 | | the board of commissioners is no longer necessary, useful to, | 16 | | or for the best interests of the forest preserve district, then | 17 | | three-fifths of the members of the board, at any regular | 18 | | meeting or any special meeting called for that purpose by an | 19 | | ordinance or resolution that includes a general description of | 20 | | the personal property, may authorize the conveyance or sale of | 21 | | that personal property in any manner that they may designate, | 22 | | with or without advertising the sale. | 23 | | (Source: P.A. 93-897, eff. 1-1-05.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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