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



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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17general election law.
18    (c) Beginning with the consolidated election in 2017, 7
19commissioners shall be elected for 4-year terms, consisting of
206 commissioners from 3 2-member districts, and 1 commissioner
21elected at large. The terms of office of the initial
22commissioners elected under this amendatory Act of the 98th
23General Assembly will run as follows, to be determined by lot:



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14 members shall serve a 4-year term and may be re-elected for
2subsequent 4-year terms, and 3 members shall serve a 2-year
3term and may be re-elected for subsequent 4-year terms
5    The initial three districts of the Fox Valley Park District
6shall be as follows:
7        (1) Those portions of Kane County and Kendall County
8    west of the Fox River.
9        (2) Those portions of Kane County and Kendall County
10    east of the Fox River and south and west of a line
11    following Indian Trail Road from the center line of the Fox
12    River easterly to the intersection with Farnsworth Avenue,
13    then southerly along Farnsworth Avenue to the intersection
14    with the Burlington Northern Santa Fe Railroad, then
15    easterly to the county line.
16        (3) Those portions of the district in DuPage County and
17    Will County and that portion of Kane County generally north
18    and east of a line following Indian Trail Road from the
19    center line of the Fox River easterly to the intersection
20    with Farnsworth Avenue, then southerly along Farnsworth
21    Avenue to the intersection with Burlington Northern Santa
22    Fe Railroad, then easterly to the county line.
23    In the year following the next decennial census and each
24decennial census thereafter, the board of commissioners shall
25reapportion the districts to reflect the results of the census.
26The term of office for the commissioners elected under this



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1Section shall commence on the first Monday of the month
2following the month of election. The terms of all appointed
3trustees serving on the effective date of this amendatory Act
4of the 98th General Assembly shall end when their successors
5have been elected and qualified.
6    (d) The Fox Valley Park District board of commissioners
7shall elect officers of the board at the first meeting of the
8board following the next consolidated election for park
9district commissioners.
10    (e) As of the effective date of this amendatory Act of the
1198th General Assembly, each Fox Valley Pleasure Driveway and
12Park District trustee in office shall, as a member of the board
13of the Fox Valley Park District, perform the duties and
14exercise the powers conferred upon park board commissioners
15under this Code, until his or her successor is elected and has
17    (f) Any tax authorized by referendum or other means under
18this Code and levied by the Fox Valley Pleasure Driveway and
19Park District before the effective date of this amendatory Act
20of the 98th General Assembly shall not be affected or abrogated
21because of the name change, and the Fox Valley Park District
22may continue to levy and collect that tax.
23    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
24    Sec. 2-18. (a) Except for the Fox Valley Park District on
25and after the effective date of this amendatory Act of the 98th



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1General Assembly, in In any Pleasure Driveway and Park District
2in which the legal voters have heretofore determined that the
3governing board shall be appointed, such method shall continue
4in effect and the board shall consist of 7 trustees. In such
5case and if the district is wholly contained within a single
6county the trustees shall be appointed by the presiding officer
7of the county board with the advice and consent of the county
8board. If the district is located in more than one county, the
9number of trustees who are residents of a county shall be in
10proportion, as nearly as practicable, to the number of
11residents of the district who reside in that county in relation
12to the total population of the district, except that the board
13of trustees may determine that one trustee is to be appointed
14from each county within the district, such appointment to be
15made by the appropriate appointing authority as hereinafter
16provided. Each trustee shall be appointed by the county board
17of his or her county of residence, or in the case of a home rule
18county, by the chief executive officer of the county with the
19advice and consent of the county board.
20    (b) Upon the expiration of the term of a trustee who is in
21office at the time of the publication of each decennial Federal
22census of population, the successor shall be a resident of
23whichever county is entitled to such representation as
24determined under subsection (a), and he shall be appointed by
25the county board of that county, or in the case of a home rule
26county as defined by Article VII, Section 6 of the Illinois



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1Constitution, the chief executive officer of that county, with
2the advice and consent of the county board. Thereafter, each
3trustee shall be succeeded by a resident of the same county who
4shall be appointed by the same appointing authority. The
5appropriate appointing authority shall appoint trustees
6biennially for such district on the first Monday in July, to
7fill the vacancies on the board of trustees caused by the
8expiration of the term of office of trustees and the trustees
9shall be legal voters and reside within the park district;
10provided, that no more than 4 trustees at any one time shall
11belong to the same political party. Each of the trustees shall
12receive a certificate of appointment and qualify within 10 days
13from the receipt of notice of appointment.
14    Trustees shall be appointed for a period of 4 years and
15shall hold their office until their successors are appointed
16and qualified.
17    Whenever a vacancy is created other than by the expiration
18of a trustee's term of office, it shall be filled by the
19appropriate appointing authority as provided in subsection
21    All trustees appointed for any park district, as herein
22provided, shall have and exercise all the powers conferred upon
23trustees elected under the provisions of this Code.
24    In a Pleasure Driveway and Park District the trustees of
25which are appointed as herein provided, whenever a provision in
26this Code or any other applicable law authorizes a public



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1question of any kind to be submitted to the electors of the
2district at an election, a petition by electors of the district
3asking that such question be submitted shall be signed by a
4number of registered voters of such district equal to not less
5than 10% of the number of registered voters in the district as
6of the last preceding regular election.
7(Source: P.A. 86-694.)
8    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
9    Sec. 8-1. General corporate powers. Every park district
10shall, from the time of its organization, be a body corporate
11and politic by the such name as set forth in the petition for
12its organization, the specific name set forth in this Code, or
13the such name as it may adopt under Section 8-9 8-8 hereof and
14shall have and exercise the following powers:
15    (a) To adopt a corporate seal and alter the same at
16pleasure; to sue and be sued; and to contract in furtherance of
17any of its corporate purposes.
18    (b) (1) To acquire by gift, legacy, grant or purchase, or
19by condemnation in the manner provided for the exercise of the
20power of eminent domain under the Eminent Domain Act, any and
21all real estate, or rights therein necessary for building,
22laying out, extending, adorning and maintaining any such parks,
23boulevards and driveways, or for effecting any of the powers or
24purposes granted under this Code as its board may deem proper,
25whether such lands be located within or without such district;



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1but no park district, except as provided in paragraph (2) of
2this subsection, shall have any power of condemnation in the
3manner provided for the exercise of the power of eminent domain
4under the Eminent Domain Act or otherwise as to any real
5estate, lands, riparian rights or estate, or other property
6situated outside of such district, but shall only have power to
7acquire the same by gift, legacy, grant or purchase, and such
8district shall have the same control of and power over lands so
9acquired without the district as over parks, boulevards and
10driveways within such district.
11    (2) In addition to the powers granted in paragraph (1) of
12subsection (b), a park district located in more than one
13county, the majority of its territory located in a county over
14450,000 in population and none of its territory located in a
15county over 1,000,000 in population, shall have condemnation
16power in the manner provided for the exercise of the power of
17eminent domain under the Eminent Domain Act or as otherwise
18granted by law as to any and all real estate situated up to one
19mile outside of such district which is not within the
20boundaries of another park district.
21    (c) To acquire by gift, legacy or purchase any personal
22property necessary for its corporate purposes provided that all
23contracts for supplies, materials or work involving an
24expenditure in excess of $20,000 shall be let to the lowest
25responsible bidder after due advertisement. No district shall
26be required to accept a bid that does not meet the district's



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1established specifications, terms of delivery, quality, and
2serviceability requirements. Contracts which, by their nature,
3are not adapted to award by competitive bidding, such as
4contracts for the services of individuals possessing a high
5degree of professional skill where the ability or fitness of
6the individual plays an important part, contracts for the
7printing of finance committee reports and departmental
8reports, contracts for the printing or engraving of bonds, tax
9warrants and other evidences of indebtedness, contracts for
10utility services such as water, light, heat, telephone or
11telegraph, contracts for the use, purchase, delivery,
12movement, or installation of data processing equipment,
13software, or services and telecommunications and interconnect
14equipment, software, or services, contracts for duplicating
15machines and supplies, contracts for goods or services procured
16from another governmental agency, purchases of equipment
17previously owned by some entity other than the district itself,
18and contracts for the purchase of magazines, books,
19periodicals, pamphlets and reports are not subject to
20competitive bidding. Contracts for emergency expenditures are
21also exempt from competitive bidding when the emergency
22expenditure is approved by 3/4 of the members of the board.
23    All competitive bids for contracts involving an
24expenditure in excess of $20,000 must be sealed by the bidder
25and must be opened by a member or employee of the park board at
26a public bid opening at which the contents of the bids must be



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1announced. Each bidder must receive at least 3 days notice of
2the time and place of the bid opening.
3    For purposes of this subsection, "due advertisement"
4includes, but is not limited to, at least one public notice at
5least 10 days before the bid date in a newspaper published in
6the district or, if no newspaper is published in the district,
7in a newspaper of general circulation in the area of the
9    (d) To pass all necessary ordinances, rules and regulations
10for the proper management and conduct of the business of the
11board and district and to establish by ordinance all needful
12rules and regulations for the government and protection of
13parks, boulevards and driveways and other property under its
14jurisdiction, and to effect the objects for which such
15districts are formed.
16    (e) To prescribe such fines and penalties for the violation
17of ordinances as it shall deem proper not exceeding $1,000 for
18any one offense, which fines and penalties may be recovered by
19an action in the name of such district in the circuit court for
20the county in which such violation occurred. The park district
21may also seek in the action, in addition to or instead of fines
22and penalties, an order that the offender be required to make
23restitution for damage resulting from violations, and the court
24shall grant such relief where appropriate. The procedure in
25such actions shall be the same as that provided by law for like
26actions for the violation of ordinances in cities organized



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1under the general laws of this State, and offenders may be
2imprisoned for non-payment of fines and costs in the same
3manner as in such cities. All fines when collected shall be
4paid into the treasury of such district.
5    (f) To manage and control all officers and property of such
6districts and to provide for joint ownership with one or more
7cities, villages or incorporated towns of real and personal
8property used for park purposes by one or more park districts.
9In case of joint ownership, the terms of the agreement shall be
10fair, just and equitable to all parties and shall be set forth
11in a written agreement entered into by the corporate
12authorities of each participating district, city, village or
13incorporated town.
14    (g) To secure grants and loans, or either, from the United
15States Government, or any agency or agencies thereof, for
16financing the acquisition or purchase of any and all real
17estate, or rights therein, or for effecting any of the powers
18or purposes granted under this Code as its Board may deem
20    (h) To establish fees for the use of facilities and
21recreational programs of the districts and to derive revenue
22from non-resident fees from their operations. Fees charged
23non-residents of such district need not be the same as fees
24charged to residents of the district. Charging fees or deriving
25revenue from the facilities and recreational programs shall not
26affect the right to assert or utilize any defense or immunity,



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1common law or statutory, available to the districts or their
3    (i) To make contracts for a term exceeding one year, but
4not to exceed 3 years, notwithstanding any provision of this
5Code to the contrary, relating to: (1) the employment of a park
6director, superintendent, administrator, engineer, health
7officer, land planner, finance director, attorney, police
8chief, or other officer who requires technical training or
9knowledge; (2) the employment of outside professional
10consultants such as engineers, doctors, land planners,
11auditors, attorneys, or other professional consultants who
12require technical training or knowledge; (3) the provision of
13data processing equipment and services; and (4) the purchase of
14energy from a utility or an alternative retail electric
15supplier. With respect to any contract made under this
16subsection (i), the corporate authorities shall include in the
17annual appropriation ordinance for each fiscal year an
18appropriation of a sum of money sufficient to pay the amount
19which, by the terms of the contract, is to become due and
20payable during that fiscal year.
21    (j) To enter into licensing or management agreements with
22not-for-profit corporations organized under the laws of this
23State to operate park district facilities if the corporation
24covenants to use the facilities to provide public park or
25recreational programs for youth.
26(Source: P.A. 98-325, eff. 8-12-13.)



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1    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
2    Sec. 8-9. Name change.
3    (a) Whenever two-thirds of the governing board of a park
4district shall approve an ordinance or resolution to change the
5name of such park district, a copy of such ordinance or
6resolution shall be duly certified by the president and
7secretary of such board and filed in the office of the county
8clerk of the counties wherein such park district is located.
9Upon the filing of the aforesaid ordinance or resolution for
10change of name in the office of said county clerk such change
11of name of such park district shall be complete.
12    (b) Whenever a Public Act changes the name of a park
13district, the secretary of the board of the park district
14shall, within 30 days after the date upon which the Public Act
15becomes law, obtain copies of the Public Act that are duly
16certified by the Secretary of State and file a certified copy
17of the Public Act in the office of the county clerk of each
18county in which the park district is located. The change of
19name of a park district by a Public Act shall be complete upon
20the Public Act becoming law.
21(Source: Laws 1951, p. 113.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.