(70 ILCS 810/0.01) (from Ch. 96 1/2, par. 6400)
Sec. 0.01.
Short title.
This Act may be cited as the
Cook County Forest Preserve District Act.
(Source: P.A. 86-1324.)
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(70 ILCS 810/1) (from Ch. 96 1/2, par. 6401)
Sec. 1.
This Act shall apply only to forest preserve districts
lying wholly within counties having a population of 3,000,000 or more.
(Source: P.A. 80-320.)
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(70 ILCS 810/2) (from Ch. 96 1/2, par. 6402)
Sec. 2.
As used in this Act, unless the context otherwise requires, the
terms specified in Section 2.1 through 2.3 have the meanings ascribed to
them in those Sections.
(Source: P.A. 80-320.)
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(70 ILCS 810/2.1) (from Ch. 96 1/2, par. 6403)
Sec. 2.1.
"Board" means the county board of commissioners when acting
as the governing body of a forest preserve district.
(Source: P.A. 80-320.)
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(70 ILCS 810/2.2) (from Ch. 96 1/2, par. 6404)
Sec. 2.2.
"County" means a county having a population of 3,000,000 or more.
(Source: P.A. 80-320.)
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(70 ILCS 810/2.3) (from Ch. 96 1/2, par. 6405)
Sec. 2.3.
"District" means a forest preserve district wholly within a
county having a population of 3,000,000 or more.
(Source: P.A. 80-320.)
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(70 ILCS 810/3) (from Ch. 96 1/2, par. 6406)
Sec. 3.
Any contiguous territory lying wholly within one county may be
incorporated as a forest preserve district under the conditions and in the
manner prescribed in Sections 1 and 2 of "An Act to provide for the creation
and management of forest preserve districts in counties having a population
of less than 1,000,000", approved June 27, 1913, as now or hereafter amended,
and the provisions of those Sections shall apply to the same extent as if
included herein.
Nothing in this Act shall impair the validity of a forest preserve district
organized prior to the effective date of this Act or affect any rights,
obligations or privileges of such a forest preserve district, or those of
any person, existing prior to the effective date of this Act.
(Source: P.A. 80-320.)
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(70 ILCS 810/4) (from Ch. 96 1/2, par. 6407)
Sec. 4.
All courts shall take judicial notice of all forest preserve districts
organized under or otherwise subject to this Act and every such district
shall constitute a body politic and corporate, may sue and be sued
in all courts and places where judicial proceedings are had, and take any
action authorized by law. Every such district may contract, acquire and
hold real and personal property necessary for its corporate purposes and
adopt a seal and alter the same at its pleasure.
(Source: P.A. 80-320.)
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(70 ILCS 810/5) (from Ch. 96 1/2, par. 6408)
Sec. 5.
The county board of commissioners of the county in which a forest
preserve district is located shall be the forest preserve district board
of such district and the president of the county board shall be the president
of the forest preserve district board. The members shall act without any
other pay than that already provided by law.
(Source: P.A. 80-320.)
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(70 ILCS 810/6) (from Ch. 96 1/2, par. 6409)
Sec. 6.
The board shall comply with the provisions of "An Act
concerning the use of Illinois mined coal in certain plants and
institutions", filed July 13, 1937, as heretofore or hereafter amended.
(Source: P.A. 80-320.)
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(70 ILCS 810/7) (from Ch. 96 1/2, par. 6410)
Sec. 7.
Any forest preserve district shall
have the power to create forest preserves, and for that purpose shall
have the power to acquire in fee simple or by easements in land, in the manner hereinafter
provided, and hold lands containing one or more natural forests or parts
thereof or land or lands connecting such forests or parts thereof, or
lands capable of being forested, for the purpose of protecting and
preserving the flora, fauna, and scenic beauties within such district,
and to restore, restock, protect and preserve the natural forests and
such lands together with their flora and fauna, as nearly as may be, in
their natural state and condition, for the purpose of the education,
pleasure, and recreation of the public. Lands may be acquired in fee
simple or by easements in land for the consolidation of such preserves into unit areas of size
and form convenient and desirable for public use and economical
maintenance and improvement and when in the judgment of the Board the
public access, use, and enjoyment of such preserves and other purposes
of this Act will be served by connecting any such preserves with
forested ways or links, lands for connecting links of such width,
length, and location as the Board deem necessary or desirable may be
acquired in fee simple or by easements in land and held for such purposes and improved by
forestation, roads, and pathways. Any such district may also acquire
lands in fee simple or by easements in land along or enclosing water courses, drainage ways,
lakes, ponds, planned impoundments or elsewhere which, in the judgment
of its Board are required to store flood waters, or control other
drainage and water conditions, or to recycle secondary treated sewage effluents
or wastewater through the production and sale of agricultural,
silvicultural or aquacultural products, necessary for the preservation
and management of the water resources of the district, provided no
debris, tree, tree limbs, logs, shrubbery, or related growths and
trimmings therefrom shall be deposited in, along, or upon the bank of
any waters and water courses within the State of Illinois or any
tributary thereto where the same shall be liable to be washed into or
deposited along waters and water courses, either by normal or flood
flows, as a result of storms or otherwise, which may in any manner
impede or obstruct the natural flow of such waters and water courses.
Unforested lands adjacent to forest preserves may also be acquired in
fee simple or by easements in land to provide for extension of roads and forested ways around
and by such preserves and for parking space for automobiles and other
facilities not requiring forested areas but incidental to the use and
protection thereof. All work done in or along any water course shall be
done in accordance with the provisions of "An Act in relation to the
regulation of the rivers, lakes, and streams of the State of Illinois,"
approved June 10, 1911, as heretofore and hereafter amended, insofar as
such Act may be applicable.
(Source: P.A. 98-281, eff. 8-9-13.)
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(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
Sec. 8.
Any forest preserve district shall have power to acquire easements in land, lands
in fee simple and grounds within such district for the aforesaid purposes by
gift, grant, legacy, purchase or condemnation and to construct, lay out,
improve and maintain wells, power plants, comfort stations, shelter
houses, paths, driveways, roadways and other improvements and facilities
in and through such forest preserves as it shall deem necessary or
desirable for the use of such forest preserves by the public. Such forest
preserve districts shall also have power to lease not to exceed 40 acres of the
lands and grounds acquired by it, for a term of not more than 99 years
to veterans' organizations as grounds for convalescing sick veterans and veterans with disabilities, and as a place upon which to construct rehabilitation
quarters, or to a county as grounds for a county nursing home or
convalescent home. Any such forest preserve district shall also have
power to grant licenses, easements and rights-of-way for the
construction, operation and maintenance upon, under or across any
property of such district of facilities for water, sewage, telephone,
telegraph, electric, gas or other public service, subject to such terms
and conditions as may be determined by such district.
Whenever the board determines that
the public interest will be subserved by vacating any street, roadway,
or driveway, or part thereof, located within a forest preserve, it may
vacate that street, roadway, or driveway, or part thereof, by an
ordinance passed by the affirmative vote of at least 3/4 of
all the members of the board.
The determination of the board that the nature and extent of the
public use or public interest to be subserved is such as to warrant the
vacation of any street, roadway, or driveway, or part thereof, is
conclusive, and the passage of such an ordinance is sufficient evidence
of that determination, whether so recited in the ordinance or not. The
relief to the public from further burden and responsibility of
maintaining any street, roadway or driveway, or part thereof,
constitutes a public use or public interest authorizing the vacation.
Nothing contained in this Section shall be construed to authorize the
board to vacate any street, roadway, or
driveway, or part thereof, that is part of any State or county highway.
When property is damaged by the vacation or closing of any street,
roadway, or driveway, or part thereof, damage shall be ascertained and
paid as provided by law.
Except in cases where the deed, or other instrument dedicating a
street, roadway, or driveway, or part thereof, has expressly provided
for a specific devolution of the title thereto upon the abandonment or
vacation thereof, whenever any street, roadway, or driveway, or part
thereof is vacated under or by virtue of any ordinance of any forest
preserve district, the title to the land in fee simple included within
the street, roadway, or driveway, or part thereof, so vacated vests in
the forest preserve district.
The board of any forest preserve district is authorized to sell at
fair market price, gravel, sand, earth and any other material obtained
from the lands and waters owned by the district.
(Source: P.A. 98-281, eff. 8-9-13; 99-143, eff. 7-27-15.)
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(70 ILCS 810/8.1) (from Ch. 96 1/2, par. 6411.1)
Sec. 8.1.
Property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or grantee of a conservation right as defined in Section 1(a) of the Real Property Conservation Rights Act shall not be subject
to eminent domain or condemnation proceedings.
(Source: P.A. 98-281, eff. 8-9-13.)
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(70 ILCS 810/8.2) (from Ch. 96 1/2, par. 6411.2)
Sec. 8.2.
Property owned by a forest preserve district shall not be subject
to special assessments by any other unit of local government.
(Source: P.A. 80-1443.)
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(70 ILCS 810/8.3) (from Ch. 96 1/2, par. 6411.3)
Sec. 8.3.
Property owned by a forest preserve district shall not be subject
to annexation without express consent of the district.
(Source: P.A. 80-1443.)
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(70 ILCS 810/8.4)
Sec. 8.4. Rules and regulations governing construction. All codes, rules, and regulations which govern land use, construction, and alteration of buildings, structures, parts, and appurtenances thereof adopted by the county board of the county in which the district is located shall apply to all construction projects on property owned
by the district. The codes, rules, and regulations of any other unit of local government, other than a county, in which the affected district property is located do not apply to construction projects on property owned by the district.
(Source: P.A. 99-313, eff. 1-1-16.)
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(70 ILCS 810/8.5) Sec. 8.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 810/9) (from Ch. 96 1/2, par. 6412)
Sec. 9.
Every forest preserve district board is
empowered to dedicate areas as nature preserves as provided
in the "Illinois Natural Areas Preservation Act", as now or hereafter amended,
and to cooperate with the Illinois Nature Preserves
Commission in matters relating to the purposes of that Act.
(Source: P.A. 82-445.)
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(70 ILCS 810/10) (from Ch. 96 1/2, par. 6413)
Sec. 10.
The board of each forest preserve district has the power by
ordinance to purchase or lease as lessee real or personal property
(including, without limitation, purchases from and leases with other units
of local government, school districts, or the federal government or any of its
agencies or instrumentalities) for public purposes pursuant to contracts or
leases which provide that the consideration for the purchase or lease may be
paid in annual installments during the period not to exceed 40 years; to lease
as lessee or to purchase real property or personal property for public purposes
pursuant to a lease or purchase agreement which may provide that the district
may, at its option, purchase the property which is subject to the agreement or
lease upon terms wherein payments previously made, or a portion of them, are
deducted from the purchase price of the property as provided for in the lease
or agreement.
The maximum amounts that will become due under the terms of the purchase or
lease agreements, together with all other indebtedness of the district,
however, must be within the constitutional limitations on the incurring of
indebtedness for the district and for pertinent public purposes.
(Source: P.A. 87-1191; 88-503.)
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(70 ILCS 810/11) (from Ch. 96 1/2, par. 6414)
Sec. 11.
The board of any forest preserve district
may by ordinance regulate and control the speed of travel on all paths,
driveways and roadways within forest preserves, and prohibit the use of
such paths, driveways and roadways for racing or speeding purposes, and
may exclude therefrom traffic, teams and vehicles, and may by ordinance
prescribe such fines and penalties for the violation of their ordinances
as cities and villages are allowed to prescribe for the violation of
their ordinances.
(Source: P.A. 80-320.)
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(70 ILCS 810/12) (from Ch. 96 1/2, par. 6415)
Sec. 12.
The board of any forest preserve district may by ordinance regulate,
control and license all modes of travel within forest preserves.
(Source: P.A. 80-320.)
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(70 ILCS 810/13) (from Ch. 96 1/2, par. 6416)
Sec. 13.
The board of any forest preserve district
may by ordinance issue licenses for any activity reasonably connected
with the purpose for which the forest preserve district has been
created.
(Source: P.A. 80-320.)
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(70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
Sec. 14. The board, as corporate authority of a forest
preserve district, shall have power to pass and enforce all necessary
ordinances, rules and regulations for the management of the property and
conduct of the business of such district. The president of such board
shall have power to appoint a secretary and an assistant secretary, and
treasurer and an assistant treasurer and such other officers and such
employees as may be necessary, all of whom, excepting the treasurer and
attorneys, shall be under civil service rules and regulations, as
provided in Section 17 of this Act. The assistant secretary and assistant
treasurer shall perform the duties of the secretary and treasurer,
respectively, in case of death of said officers or when said officers
are unable to perform the duties of their respective offices because of
absence or inability to act. All contracts for supplies, material or
work involving an expenditure by forest preserve
districts in excess of $30,000 shall be let to the lowest
responsible bidder,
after due advertisement, excepting work requiring personal confidence or necessary
supplies under the control of monopolies, where competitive bidding is
impossible, or as otherwise provided in the Forest Preserve District and Conservation District Design-Build Authorization Act. Contracts for supplies, material or work involving an
expenditure of $30,000 or less may be let without advertising for bids,
but whenever practicable, at least 3 competitive bids shall be obtained
before letting such contract. Notwithstanding the provisions of this Section, a forest preserve district may establish procedures to comply with State and federal regulations concerning affirmative action and the use of small businesses or businesses owned by minorities or women in construction and procurement contracts. All contracts for supplies, material or
work shall be signed by the president of the board or
by any such other officer as the board in its discretion may designate.
Salaries of employees shall be fixed by ordinance.
(Source: P.A. 102-460, eff. 6-1-22.)
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(70 ILCS 810/14.1) (from Ch. 96 1/2, par. 6417.1)
Sec. 14.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 810/15) (from Ch. 96 1/2, par. 6418)
Sec. 15.
The board shall have the right and power to appoint and
maintain a sufficient police force, the members of which may have and
exercise police powers over the territory within such forest preserves
for the preservation of the public peace, and the observance and
enforcement of the ordinances and laws, such as are conferred upon and
exercised by the police of organized cities and villages; but such
police force, when acting within the limits of any city or village, but outside the territory owned, leased, or licensed by the district and property over which the district has easement rights,
shall act in aid of the regular police force of such city or village and
shall then be subject to the direction of its chief of police, city or
village marshals, or other head thereof.
(Source: P.A. 99-312, eff. 1-1-16.)
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(70 ILCS 810/16) (from Ch. 96 1/2, par. 6419)
Sec. 16.
The board of any forest preserve district, when so requested
by the treasurer of the district, shall designate one or more banks or
savings and loan associations
in which the funds and moneys received by the treasurer, by virtue of his
office, may be deposited. When a bank or savings and loan association
has been designated as a depository it
shall continue as such until 10 days have elapsed after a new depository
is designated and is qualified by furnishing the statements of resources
and liabilities as is required by this Section. When a new depository is
designated, the board shall notify the sureties of the
treasurer of that fact in writing at least 5 days before the transfer of
funds. The treasurer of the district shall be discharged from
responsibility for all funds and moneys deposited in a bank or savings
and loan association, so designated, while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
Notwithstanding any provision of this Act or of any other law, each
official custodian of forest preserve district funds, including, without
limitation, each forest preserve district treasurer and each person
properly designated as custodian for funds held by an intergovernmental
risk management association or self-insurance pool composed solely of
participating park districts, forest preserve districts or park district
joint recreational programs, is permitted to (i) combine moneys from more
than one fund of a single forest preserve district, risk management
association or self-insurance pool for the purpose of investing such
moneys, (ii) enter into agreements of any definite or indefinite term
regarding the deposit, redeposit, investment, reinvestment or withdrawal of
forest preserve district, risk management association or self-insurance
pool funds and (iii) join with any custodians or treasurers of forest
preserve district, park district, Chicago Park District, park district
joint recreational program, risk management association or self-insurance
pool funds for the purpose of investing any forest preserve district, risk
management association or self-insurance pool funds in his custody. When
funds are combined for investment purposes as authorized
herein, the moneys combined for such purposes shall be accounted for
separately in all respects, and the earnings from such investments shall be
separately and individually computed and recorded, and credited to the
fund, district, park district joint recreational program, risk management
association, self-insurance pool or other entity, as the case may be, for
which the investment was acquired. The grant of authority contained in
this Section is cumulative and in addition to all other power or authority
granted by any other law and shall not be construed as a limitation of any
power or authority otherwise granted.
(Source: P.A. 85-460.)
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(70 ILCS 810/17) (from Ch. 96 1/2, par. 6420)
Sec. 17.
Application of human resource ordinance.
Whenever the county
in which any such forest preserve
district is located shall be governed by any county human resource
ordinance,
all employees of such forest preserve district shall be selected in accordance
with the human resource
ordinance in such county and all such employees shall be subject
at all times to the provisions of such ordinance.
(Source: P.A. 90-481, eff. 8-17-97.)
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(70 ILCS 810/17.5)
Sec. 17.5.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more,
a county with a population of 3,000,000 or more, the Chicago Park District,
the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or a housing
authority of a municipality with a population of 500,000 or more
that a debt is due and owing the
municipality, the county, the Chicago Park District, the Metropolitan Water
Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority
by an employee of the District, the District may
withhold,
from the compensation of that employee, the amount of the debt that is
due and owing and pay the amount withheld to the municipality, the county, the
Chicago Park District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority;
provided, however, that the amount deducted from any one salary or wage
payment shall not exceed 25% of the net amount of the payment.
(b) Before the District deducts any amount from any salary or wage
of an employee under this Section, the municipality, the county, the Chicago
Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority
shall certify
that (i) the employee has been afforded an opportunity for a hearing to dispute
the debt that is due and owing the municipality, the county, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, the Chicago Board of Education, or the housing
authority and (ii) the employee has received notice of a wage deduction order
and has been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means that part of the salary or | ||
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(2) "Debt due and owing" means (i) a specified sum of | ||
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(Source: P.A. 92-109, eff. 7-20-01.)
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(70 ILCS 810/18) (from Ch. 96 1/2, par. 6421)
Sec. 18.
The board shall keep a record of all ordinances and other
proceedings which shall be open to the inspection of any person residing
in such district at all reasonable and proper times.
(Source: P.A. 80-320.)
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(70 ILCS 810/19) (from Ch. 96 1/2, par. 6422)
Sec. 19.
All ordinances imposing any fine or penalty or making any
appropriation of money, shall within ten days after their passage, be
published at least once in some newspaper published in such district or
having a general circulation therein to be designated by the board and
no such ordinance shall take effect until ten days after it is so
published. All other ordinances and all orders or resolutions shall take
effect from and after their passage unless otherwise provided therein.
All ordinances, orders and resolutions and the date of publication
thereof may be proven by the certificate of the secretary of such
district under the seal of the corporation and when printed in book or
pamphlet form and published by authority of such board, such book or
pamphlet shall be received as evidence of the passage and publication of
such ordinances, orders and resolutions as of the date mentioned in such
book or pamphlet in all courts and places without further proof.
(Source: P.A. 80-320.)
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(70 ILCS 810/20) (from Ch. 96 1/2, par. 6423)
Sec. 20.
The president shall preside at all meetings of the board and
be the executive officer of the district. He shall sign all ordinances,
resolutions and other papers necessary to be signed and he or his designee shall execute
all contracts entered into by the district and perform other duties as
may be prescribed by ordinance. He may veto any ordinance and any
orders, resolutions and actions, or any items therein contained, of the
board which provide for the purchase of real estate, or for the
construction of improvements within the preserves of the district. Such
veto shall be filed with the secretary of the board within 5 days after
the passage of the ordinance, order, resolution or action and when so
vetoed the ordinance, order, resolution or action or any item therein
contained is not effective unless it is again passed by two-thirds vote
of all the members of the board. The president may vote in the same
manner as the other members of the board. In the temporary absence or
inability of the president, the members of the board may elect from
their own number a president, pro tem.
The "Yeas" and "Nays" shall be taken, and entered on the journal of
the board's proceedings, upon the passage of all ordinances and all
proposals to create any liability, or for the expenditure or
appropriation of money. The concurrence of a majority of all the members
appointed to the board is necessary to the passage of any such ordinance
or proposal. In all other cases the "Yeas" and "Nays" shall be taken at
the request of any member of the board and shall be entered on the
journal of the board's proceedings.
(Source: P.A. 99-264, eff. 1-1-16.)
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(70 ILCS 810/21) (from Ch. 96 1/2, par. 6424)
Sec. 21.
The board may, for any of the purposes enumerated in this Act,
borrow money upon the faith and credit of such district, and may issue bonds
therefor. However, a district may not become indebted in any manner or for any
purpose to an amount including existing indebtedness in the aggregate exceeding
.345% of the assessed value of the taxable property therein, as ascertained by
the last equalized assessment for State and county purposes. Except for
indebtedness incurred under Section 21.1 of this Act and except for
indebtedness incurred to construct, acquire, equip, repair, and renovate
buildings or other improvements to land of the district or to acquire equipment
for the district, no district may incur indebtedness for any purpose other than
the acquisition of land including acquiring lands in fee simple along or
enclosing water courses, drainage ways, lakes, ponds, planned impoundments or
elsewhere which are required to store flood waters or control other drainage
and water conditions necessary for the preservation and management of the water
resources of the district, unless the proposition to issue bonds or otherwise
incur indebtedness is first certified by the district to the proper election
officials, who shall submit the proposition to the legal voters of the district
at an election in accordance with the general election law and approved by a
majority of those voting upon the proposition. No district may incur
indebtedness for the acquisition of land or lands for any purpose in excess of
75,000 acres, including all lands theretofore acquired, unless the proposition
to issue bonds or otherwise incur indebtedness is first certified by the
district to the proper election officials, who shall submit the proposition to
the voters of the district at an election in accordance with the general
election law and approved by a majority of those voting upon the proposition.
Before or at the time of issuing bonds, the board shall provide by ordinance
for the collection of an annual tax sufficient to pay the interest on the bonds
as it falls due, and to pay the bonds as they mature. All bonds issued by any
forest preserve district must be divided into series, the first of which
matures not later than 5 years after the date of issue and the last of
which matures not later than 30 years after the date of issue.
(Source: P.A. 88-503.)
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(70 ILCS 810/21.1)
Sec. 21.1.
Contracts with the County.
(a) A forest preserve district may lease or acquire from the county in which
it is located any buildings or other improvements to land of the district or
any equipment for use by the district or may borrow money under a loan
agreement from the county to pay costs of the district in constructing,
acquiring, equipping, repairing, and renovating any buildings or other
improvements to land of the district or acquiring equipment for use by the
district as the county and the district may agree. A lease may include options
to purchase the property or equipment. The lease, installment sale contract,
or loan agreement may provide for payment of interest and shall not have a term
longer than 30 years.
(b) Notwithstanding any other provisions of this Act, the lease, installment
sale contract, or loan agreement may be entered into without a referendum.
(Source: P.A. 88-503.)
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(70 ILCS 810/21.2)
Sec. 21.2. Indebtedness of district; additional bonds. For the purpose of
making
capital improvements to any land acquired or to be acquired by the district and
repairs, reconstruction, rehabilitation, or renovation in connection with any
buildings of the district or to acquire equipment for the district, the
corporate authorities of the forest preserve district in which the improvements
or buildings are maintained may from time to time incur indebtedness and issue
bonds therefor in amounts not exceeding, in the aggregate, $50,000,000. The
bonds shall bear interest at not more than the maximum rate provided by law and
may mature up to 30 years from the date thereof. A resolution authorizing the
issuance of bonds under this Section may be made effective without the
submission thereof to the voters of the district for approval.
All moneys received from the issuance of bonds as provided for in this
Section
shall be set apart in a separate fund by the district treasurer and shall be
used only for the purposes set forth in this Section.
The corporate authorities of the district shall provide for the levy of a
direct annual tax upon all the taxable property in the district, sufficient to
pay and discharge the principal of the bonds at maturity and to pay the
interest thereon as it falls due. This tax shall be levied and collected in
like manner with the general taxes of the forest preserve district and shall be
in addition to the maximum of all other taxes and tax rates that the district
is or may be authorized to levy.
(Source: P.A. 93-601, eff. 1-1-04.) |
(70 ILCS 810/22) (from Ch. 96 1/2, par. 6425)
Sec. 22.
All general taxes levied by the board of any forest
preserve district shall be levied by general categories after the first Monday in October and by the first Monday in December
annually for all fiscal
years in the same manner as taxes are levied for city and village
purposes.
The board may in each fiscal year levy taxes for general corporate
purposes at a rate not exceeding .06% of the value of the taxable
property therein, as equalized or assessed by the Department of Revenue.
In addition, the board may levy taxes for
constructing, restoring, reconditioning and reconstructing improvements
and for the development of the forests and lands of such district, the
amount of which tax each fiscal year shall be extended at a rate not in
excess of .021% of the value of the taxable property therein.
All such taxes and rates are exclusive of the taxes required for the
payment of the principal of and interest on bonds, and exclusive of
taxes levied for employees' annuity and benefit purposes.
(Source: P.A. 102-716, eff. 4-29-22.)
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(70 ILCS 810/23) (from Ch. 96 1/2, par. 6426)
Sec. 23.
Any appropriation or levy made for the purpose of
constructing improvements in the development of forests and lands of the
district need not be expended during the fiscal year in which such
appropriation or levy is made. No such appropriation lapses nor may the
moneys levied, collected or received for that purpose become part of the
general funds of the district for a period of 5 years thereafter and
such money may not be considered an asset available for appropriation in
a subsequent fiscal year but it shall be retained and held as a separate
fund for 5 years to be expended within that time for the purpose for
which appropriated and levied, thereafter to become a general asset
available for appropriation for corporate purposes. It is not a defense
or objection to any appropriation or levy in a subsequent fiscal year
for the same purposes that there remain uncommenced or uncompleted
projects or unexpended moneys arising in an appropriation or levy of a
prior year, for purposes of this Section unless the period of 5 years
subsequent to the fiscal year in which the appropriation has been made
has elapsed. The limitations upon tax rates imposed by Section 22 are
not subject to Sections 162a and 162b of the General Revenue Law of
Illinois.
All moneys collected under this Act shall be paid to the treasurer of
such district.
(Source: P.A. 80-320.)
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(70 ILCS 810/24) (from Ch. 96 1/2, par. 6427)
Sec. 24.
The fiscal year of each forest preserve district subject to this
Act shall extend from January 1, until December 31. The forest preserve
district shall, before the commencement or within 60 days after the
commencement of each fiscal year, adopt an annual appropriation ordinance,
which shall appropriate sums of money required to defray all necessary expenses
and liabilities of the district to be paid or incurred during that fiscal year.
Transfers from one appropriation of any one fund to another of the same fund,
not affecting the total amount appropriated, may be made at any meeting of the
Board.
(Source: P.A. 87-1191.)
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(70 ILCS 810/25) (from Ch. 96 1/2, par. 6428)
Sec. 25.
In forest preserve districts subject to this Act, all
earnings accruing on any investments or deposits, except that pro rata
share, if any, belonging to the Bond and Interest Sinking Fund, may be
credited to and paid into the corporate fund of such forest preserve
district to be used for general corporate purposes.
(Source: P.A. 80-320.)
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(70 ILCS 810/26) (from Ch. 96 1/2, par. 6429)
Sec. 26.
Any territory adjoining any forest preserve district
organized hereunder and situated in the same county as such district may
become a part of such district in the following manner: Upon the filing
with the circuit court of the county in which such district is located,
of a petition signed by not less than 10% of the legal voters residing
within the territory proposed to be annexed, such circuit court shall
certify the question to the proper election officials, who shall submit
the question of such annexation to the voters at an election held
in the territory so proposed to
be annexed in accordance with the general election law, and if a majority of the
votes cast upon such question shall be in favor of such annexation, such territory so
proposed to be annexed shall become and be a part of such forest
preserve district.
(Source: P.A. 81-1489.)
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(70 ILCS 810/27) (from Ch. 96 1/2, par. 6430)
Sec. 27.
In each forest preserve district subject to this Act
a fund to be known as a forest preserve
district working cash fund may be created, set apart, maintained and
administered in the manner prescribed in this Act for the purpose of
enabling such district to have in its treasury at all times sufficient
money to meet demands thereof for the ordinary and necessary expenses
for district purposes.
(Source: P.A. 80-320.)
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(70 ILCS 810/28) (from Ch. 96 1/2, par. 6431)
Sec. 28.
For the purpose of creating a fund as prescribed in Section
27, any district by resolution of its board may incur an indebtedness and issue
bonds for the indebtedness in an amount or amounts not exceeding in the
aggregate $14,000,000 outstanding at any one time. The bonds shall bear
interest at a rate of not more than that permitted in the Bond Authorization
Act and shall mature within 20 years from the date of issuance. The board may
provide that the resolution or resolutions authorizing the issue of the bonds
shall be operative, effective, and valid without the submission of the
resolution or resolutions to the voters of the district for approval. The board
of the district shall, before or at the time of issuing the bonds, provide for
the collection of a direct annual tax on all the taxable property in the
district, sufficient to pay and discharge the principal of the bonds at
maturity and to pay the interest on the bonds as it falls due.
(Source: P.A. 87-1191.)
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(70 ILCS 810/29) (from Ch. 96 1/2, par. 6432)
Sec. 29.
All moneys received from the issuance of bonds as provided
in Section 28 shall be set apart in the working cash fund by the
district treasurer and shall be used only for the purposes and in the
manner hereinafter provided.
Such fund and the monies therein shall not be regarded as assets
available for appropriation and shall not be appropriated by the board
in the resolution termed the annual appropriation bill. The board may
appropriate moneys to the working cash fund up to the maximum amount allowable
in the fund, and the working cash fund may receive such appropriations and
any other contributions. In order to
provide moneys with which to meet ordinary and necessary disbursements
for salaries and other corporate purposes, such fund and the moneys therein
may be transferred in whole
or in part, to the general corporate fund of the district and so
disbursed therefrom in anticipation of the collection of any taxes
lawfully levied for general corporate purposes, or in the anticipation
of such taxes, as by law now or hereafter enacted or amended, imposed by
the General Assembly of the State of Illinois to replace revenue lost by
units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. Moneys
transferred to the general corporate fund in anticipation of the
collection of taxes shall be deemed to have been transferred in
anticipation of the collection of that part of the taxes so levied which
is in excess of the amount or amounts thereof required to pay any tax
anticipation warrants or general obligation tax anticipation notes and
the interest thereon, theretofore or thereafter issued
and the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended. Such taxes
levied or to be received for general corporate purposes when collected,
or received, shall be applied, first, to the payment of any such
warrants or notes and the interest thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
and then to the reimbursement
of said working cash fund as hereinafter provided. Upon receipt by the
district treasurer of any taxes or other moneys, in anticipation of the
collection or receipt whereof moneys of such working cash fund have been
so transferred for disbursement, such fund shall be immediately
reimbursed therefrom until the full amount so transferred has been
re-transferred to such fund. Unless the taxes and other moneys so
received and applied to the reimbursement of the working cash fund,
prior to the close of the fiscal year following the fiscal year in which
the last tax penalty date falls due shall be sufficient to effect a
complete reimbursement of such fund for any moneys transferred therefrom
in anticipation of the collection or receipt of such taxes or other
moneys, such working cash fund shall be reimbursed for the amount of the
deficiency therein from any other revenues accruing to said general
corporate fund and it shall be the duty of the board to make provision
for the immediate reimbursement of the amount of any such deficiency in
its next resolution termed the annual appropriation bill.
(Source: P.A. 85-459.)
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(70 ILCS 810/30) (from Ch. 96 1/2, par. 6433)
Sec. 30.
Moneys shall be transferred from a forest preserve district
working cash fund to the general corporate fund of the district only
upon the authority of the board, which shall from time to time by
separate resolution direct the district treasurer to make transfers of
such sums as may be required for the purposes herein authorized. Every
such resolution shall set forth (a) the taxes or other moneys in
anticipation of the collection or receipt of which such transfer is to
be made and from which such working cash fund is to be reimbursed, (b)
the entire amount of taxes extended or which the board estimates will be
extended, or received, for any year, in anticipation of the collection
of all or part of which such transfer is to be made, (c) the aggregate
amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes, together with the interest accrued and which
the board estimates will accrue thereon (d)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government
entities", approved July 31, 1969, as amended, and (e)
the aggregate amount of
moneys theretofore transferred from the working cash fund to the general
corporate fund in anticipation of the collection of such taxes. The
amount which any such resolution shall direct the district treasurer so
to transfer, in anticipation of the collection of taxes levied or to be
received for any year, together with the aggregate amount of such
anticipation tax warrants theretofore drawn against such taxes and the
amount of the interest accrued and estimated to accrue on such warrants
or notes and the aggregate amount of such transfers theretofore made in
anticipation of the collection of such taxes and
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended,
shall not exceed 90% of
the actual or estimated amount of such taxes extended or to be extended,
or to be received, as set forth in such resolution.
To the extent that at any time moneys are available in the working
cash fund they shall be transferred to the general corporate fund and
disbursed for the payment of salaries and other corporate expenses so as
to avoid, whenever possible, the issuance of anticipation tax warrants
or notes.
(Source: P.A. 81-1506.)
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(70 ILCS 810/31) (from Ch. 96 1/2, par. 6434)
Sec. 31.
A forest preserve district under this Act has the power from time to time to
construct, equip, acquire, extend, improve, maintain, and operate
recreational facilities, including but not limited to natatoriums,
swimming pools, ice skating rinks, tennis courts, golf courses, bicycle trails, toboggan
slides and ski areas, or any combination thereof, and all necessary
related facilities, to borrow money therefor, and as evidence thereof,
to issue and sell bonds. Such bonds shall be payable solely from the
revenue derived from the operation of such facility or facilities
constructed, equipped, acquired, extended, or improved in whole or in
part with the proceeds of such bonds issued for the construction,
equipping, acquisition, extension or improvement of such facility or
facilities and shall be secured by a pledge of the revenues as herein
provided of such facility or facilities or any combination thereof so
constructed, equipped, acquired, extended or improved.
Such bonds may be issued in such amounts as may be necessary to
provide sufficient funds to pay all the cost of the construction,
equipping, acquisition, extension or improvement of such facility or
facilities or any combination thereof, including the cost of acquisition
of any land, as well as the engineering, legal, fiscal and other
expenses, together with interest on the bonds to a date 12 months
subsequent to the estimated date of completion. All bonds issued
hereunder shall have all qualities of negotiable instruments under the
laws of this State.
(Source: P.A. 80-320.)
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(70 ILCS 810/32) (from Ch. 96 1/2, par. 6435)
Sec. 32.
Whenever the board determines to construct, equip, acquire, extend
or improve any recreational facility or facilities or any combination thereof
and to issue bonds pursuant to Sections 31 through 39 of this Act to
pay the cost or purchase price thereof, such board shall adopt an
ordinance describing in a general way the contemplated facility or
facilities and setting forth the estimated cost or purchase price. Any
such ordinance shall be published within 10 days after passage at least
once in a newspaper published in such district and having a general
circulation therein to be designated by such board, and no such
ordinance shall take effect until 10 days after it is so published. It
shall not be necessary that the ordinance refer to plans and
specifications nor that there be on file for public inspection prior to
adoption of such ordinance detailed plans and specifications of such
contemplated facility or facilities or any combination thereof. Such
board may provide that the ordinance authorizing the issuance of any
such bonds shall be effective, operative and valid without the
submission thereof to the voters of such district for approval,
notwithstanding the provisions of Section 21 of this Act.
Any such ordinance shall prescribe the method of defraying the cost
of the contemplated facility or facilities and fix the amount of the
revenue bonds proposed to be issued, the interest rate and the
maturities thereof. Such bonds shall be in such form and be executed in
such manner, be payable in such medium of payment at such place or
places, be subject to such terms of redemption, prior to maturity, with
or without premium, and may be made registrable as to principal, all as
such ordinance may provide. The ordinance shall also pledge the revenue
derived from the operation of such facility or facilities, or any
combination thereof, constructed, equipped, acquired, extended or
improved in whole or in part with the proceeds of such bonds for the
purpose of paying maintenance and operation costs and paying the
principal and interest of such bonds so issued for the facility or
facilities. The ordinance may contain such covenants which shall be a
part of the contract between the district and the holders of such bonds
with respect to creating accounts and the application of the flow of
funds through such accounts, and the restrictions upon the issuance of
additional revenue bonds thereafter, all as such board may deem
necessary or advisable for the assurance of the payment of the bonds
thereby authorized.
Such bonds shall be executed by the president and by the secretary or
treasurer of the board of such forest preserve district. The president
of such board may execute such bonds by his facsimile signature which
may be imprinted, engraved or otherwise reproduced on such bonds and on
the interest coupons attached thereto. Any bonds bearing the signature
or facsimile of an officer in office at the date of signing thereof are
valid and binding for all purposes, notwithstanding that before delivery
thereof, such person whose signature or facsimile appears thereon has
ceased to hold such office.
(Source: P.A. 80-320.)
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(70 ILCS 810/33) (from Ch. 96 1/2, par. 6436)
Sec. 33.
The bonds issued pursuant to Sections 31 through 39 shall
bear interest at a rate not to exceed the maximum rate
authorized by the
Bond Authorization Act, as amended at the time of the making of the contract,
payable annually or
semi-annually and shall mature within the period of usefulness of the
project as determined by such board, but in no event, exceeding 40
years.
Each such bond shall be sold in such manner and upon such terms as
the board shall determine but shall be sold for not less than par and accrued
interest. The minimum price at which it may be sold
shall be such that the interest cost to the forest preserve district of
the proceeds of the bond shall not exceed the maximum
rate authorized
by the Bond Authorization Act, as amended, at the time of the making of
the contract,
computed to maturity,
according to the standard table of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
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(70 ILCS 810/34) (from Ch. 96 1/2, par. 6437)
Sec. 34.
Bonds issued pursuant to Sections 31 through 39 of
this Act shall be payable solely from the revenues derived from the
operation of the recreational facility or facilities or any combination
thereof constructed, equipped, acquired, extended or improved in whole
or in part with the proceeds of such bonds so issued for the facility or
facilities and shall not in any event constitute an indebtedness of such
forest preserve district within the meaning of any constitutional or
statutory limitation. It shall be stated on the face of each such bond
that the bond has been issued pursuant to Sections 31 through 39 of
this Act, that it is payable solely from the revenues derived from the
operation of such facility or facilities or any combination thereof
constructed, equipped, acquired, extended or improved in whole or in
part with the proceeds of such bonds so issued for the facility or
facilities and that it does not constitute an indebtedness of such
forest preserve district within any constitutional or statutory
limitation.
(Source: P.A. 80-320.)
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(70 ILCS 810/35) (from Ch. 96 1/2, par. 6438)
Sec. 35.
All revenue derived from the operation of such facility or
facilities constructed, equipped, acquired, extended or improved in
whole or in part with the proceeds of any bonds issued under Sections
31 through 39 of this Act for the construction, equipping,
acquisition, extension, or improvement of such facility or facilities
shall be deposited in a separate fund. Each fund shall be used only for
paying the cost of operation and maintenance of the recreational
facility or facilities or any combination thereof constructed, equipped,
acquired, extended or improved in whole or in part with the proceeds of
such bonds so issued for such facility or facilities, and for paying the
principal of and interest on the bonds so issued and creating the
accounts provided for by the ordinance authorizing their issuance.
Such forest preserve district shall install and maintain a proper
system of account for each fund, showing the amount received and
disbursed from the operation of such facility or facilities. At least
once each year, such district shall have such accounts for bonds
properly audited, and the report of this audit shall be open to the
public for inspection at all times.
(Source: P.A. 80-320.)
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(70 ILCS 810/36) (from Ch. 96 1/2, par. 6439)
Sec. 36.
Each forest preserve district which issues bonds and
constructs, equips, acquires, extends or improves any recreational
facility or facilities under Sections 31 through 39 of this Act
shall charge for the use thereof at a rate which at all times is deemed
sufficient to provide for depreciation and to pay maintenance and
operation costs and the principal and interest on such bonds. Such
forest preserve district may provide for the construction, equipping,
acquisition, improvement, and extension and may make, enact, and enforce
all rules and regulations for the management, maintenance, care,
protection and use of such facility or facilities. Charges or rates for
the use of any such facility shall be established, revised, and
maintained from time to time and shall be payable under the supervision
of such board.
(Source: P.A. 80-320.)
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(70 ILCS 810/37) (from Ch. 96 1/2, par. 6440)
Sec. 37.
The holder of any bond or coupon of any bond issued under
Sections 31 through 39 of this Act may proceed either in law or in
equity to compel performance of all duties required by those Sections
respecting
the facility or facilities for
which such bond or coupon was issued. This shall include the duties of
establishing and collecting sufficient rates or charges for the use of
the recreational facilities constructed, equipped, acquired, extended or
improved in whole or in part with the proceeds of such bond so held and
issued for the purposes herein specified, and the application of the
revenue thereof as provided in Sections 31 through 39.
(Source: P.A. 80-320.)
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(70 ILCS 810/38) (from Ch. 96 1/2, par. 6441)
Sec. 38.
Any such forest preserve district has the power to acquire
by purchase, gift, condemnation or otherwise, property necessary or
appropriate for the purpose of exercising the powers granted by Sections
31 through 39. Any land so acquired under such Sections
shall not be included as a part of the total acreage of such forest
preserve district for the purpose of determining the number of acres of
land for which indebtedness can be incurred for the acquisition of land
without first submitting the matter to the voters of such district as
provided in Section 21.
(Source: P.A. 80-320.)
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(70 ILCS 810/39) (from Ch. 96 1/2, par. 6442)
Sec. 39.
Nothing in Sections 31 through 39 shall
prohibit any such forest preserve district from appropriating funds as
otherwise provided in this Act for the construction, equipping,
acquisition, extension, improvement, operation or maintenance of any
recreational facilities.
(Source: P.A. 80-320.)
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(70 ILCS 810/40) (from Ch. 96 1/2, par. 6443)
Sec. 40.
The corporate authorities of forest preserve districts,
having the control or supervision of any forest preserves, may erect and
maintain within such forest preserves, under the control or supervision of
such corporate authorities, edifices to be used for the collection and
display of animals as customary in zoological parks, and may collect and
display such animals, or permit the directors or trustees of any zoological
society devoted to the purposes aforesaid to erect and maintain a
zoological park and to collect and display zoological collections within
any forest preserve now or hereafter under the control or supervision of
such forest preserve district, out of funds belonging to such zoological
society, or to contract with the directors or trustees of any zoological
society on such terms and conditions as may to such corporate authorities
seem best, relative to the erection, operation and maintenance of a
zoological park and the collection and display of such animals within such
forest preserve, out of the tax provided in Section 41.
Such forest preserve district may charge, or permit such
zoological society to charge an admission fee. The proceeds of such
admission fee shall be devoted exclusively to the operation and
maintenance of such zoological park and the collections therein. All
such zoological parks shall be open to the public without charge for a
period equivalent to 52 days each year. Beginning on the effective date of this amendatory Act of the 101st General Assembly through June 30, 2022, any such zoological parks shall be open to the public without charge for a period equivalent to 52 days. All such zoological parks shall be
open without charge to organized groups of children in attendance at
schools in the State. The managing authority of the zoological park may
limit the number of any such groups in any given day and may establish
other rules and regulations that reasonably ensure public safety,
accessibility, and convenience, including but not limited to standards of
conduct and supervision. Charges may be made at any time for special
services and for admission to special facilities within any zoological park
for the education, entertainment or convenience of visitors.
(Source: P.A. 101-640, eff. 6-12-20.)
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(70 ILCS 810/41) (from Ch. 96 1/2, par. 6444)
Sec. 41.
For the purpose of constructing and maintaining and caring
for any such zoological park and the buildings and grounds thereof and
of securing and displaying zoological collections thereon the corporate
authorities of any forest preserve district are authorized to levy
annually a tax of not to exceed .035% of value as equalized or assessed
by the Department of Revenue, upon all the taxable
property in the district. This tax shall be levied and collected in the
same manner as the general taxes of the forest preserve district and
shall be in addition to the maximum of all other taxes and tax rates
which the district is now or may hereafter be authorized to levy upon
the aggregate valuation of all taxable property within the district and
shall be exclusive of and in addition to the maximum amount and rate of
taxes the district is now or may hereafter be authorized to levy under
this Act or under any other law which may limit the amount of tax which
the district may levy for general purposes. The proceeds of the tax
herein authorized shall be kept as a separate fund.
(Source: P.A. 81-1550.)
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(70 ILCS 810/42) (from Ch. 96 1/2, par. 6445)
Sec. 42. For the purpose of making capital improvements and major repairs in
connection with a zoological park, the corporate authorities of the forest
preserve district in which such park is maintained may from time to time incur
an indebtedness and issue bonds therefor in
amounts not exceeding in the
aggregate $52,640,000. Such bonds shall bear
interest at not more than the maximum rate provided by law and may mature up to
30 years from the date thereof. A resolution authorizing the issuance of bonds
under this Section may be made effective without the submission thereof to the
voters of the district for approval.
All moneys received from the issuance of bonds as provided in this
Section shall be set apart in a separate fund by the district treasurer
and shall be used only for the purposes set forth in this Section.
The corporate authorities of such district shall provide for the levy
of a direct annual tax upon all the taxable property in such district,
sufficient to pay and discharge the principal of such bonds at maturity
and to pay the interest thereon as it falls due. This tax shall be
levied and collected in like manner with the general taxes of the forest
preserve district and shall be in addition to the maximum of all other
taxes and tax rates which the district is or may be authorized to levy.
(Source: P.A. 93-601, eff. 1-1-04.)
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(70 ILCS 810/42.1) (from Ch. 96 1/2, par. 6445.1)
Sec. 42.1.
For each zoological park subject to this Act a fund
to be known as a zoological park working cash fund may be
created, set apart, maintained and administered in the manner prescribed
in this Act for the purpose of enabling such park to have in its
treasury at all times sufficient money for
ordinary and necessary expenses.
(Source: P.A. 81-1498.)
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(70 ILCS 810/42.2) (from Ch. 96 1/2, par. 6445.2)
Sec. 42.2.
For the purpose of creating a fund as prescribed in Section
42.1, a forest preserve district by resolution of its board may incur an
indebtedness and issue bonds therefor, not to exceed in the aggregate
$3,000,000 including the amount of all such bonds issued for this purpose prior
to the effective date of this Act. Such bonds shall bear interest at not more
than the maximum rate provided by law and shall mature within 20 years from the
date thereof. The board may provide that the resolution or resolutions
authorizing the issue of such bonds shall be operative, effective and valid
without the submission thereof to the voters of such district for approval. The
board of such district shall before or at the time of issuing such bonds
provide for the collection of a direct annual tax upon all the taxable property
in such district, sufficient to pay and discharge the principal thereof at
maturity and to pay the interest thereon as it falls due.
(Source: P.A. 87-1191.)
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(70 ILCS 810/42.3) (from Ch. 96 1/2, par. 6445.3)
Sec. 42.3.
All moneys received from the issuance of bonds as provided
in Section 42.2 shall be set apart in the zoological park working cash fund by the
district treasurer and shall be used only for the purposes and in the
manner hereinafter provided.
Such fund and the monies therein shall not be regarded as assets
available for appropriation and shall not be appropriated by the board
in the resolution termed the annual appropriation bill. The board may
appropriate moneys to the working cash fund up to the maximum amount allowable
in the fund, and the working cash fund may receive such appropriations and
any other contributions. In order
to meet ordinary and necessary disbursements
for salaries and other zoological purposes, such moneys may be transferred in whole
or in part to the zoological fund of the district, and
disbursed therefrom in anticipation of the collection of any taxes
lawfully levied for zoological purposes, or in anticipation
of such taxes, as by law now or hereafter enacted or amended, imposed by
the General Assembly of the State of Illinois to replace revenue lost by
units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. Moneys
transferred to the zoological fund in anticipation of the
collection of taxes shall be deemed to have been transferred in
anticipation of the collection of that part of the taxes so levied which
is in excess of the amount or amounts thereof required to pay any tax
anticipation warrants or general obligation tax anticipation notes and
the interest thereon, theretofore or thereafter issued, and such taxes
levied or to be received for zoological purposes when collected,
or received, shall be applied, first, to the payment of any such
warrants or notes and the interest thereon and then to the reimbursement
of said working cash fund as hereinafter provided. Upon receipt by the
district treasurer of any taxes or other moneys, in anticipation of the
collection or receipt whereof moneys of such working cash fund have been
so transferred for disbursement, such fund shall be immediately
reimbursed therefrom until the full amount so transferred has been
re-transferred to such fund. Unless the taxes and other moneys so
received and applied to the reimbursement of the working cash fund,
prior to the close of the fiscal year following the fiscal year in which
the last tax penalty date falls due shall be sufficient to effect a
complete reimbursement of such fund for any moneys transferred therefrom
in anticipation of the collection or receipt of such taxes or other
moneys, such working cash fund shall be reimbursed for the amount of the
deficiency therein from any other revenues accruing to said zoological
fund and it shall be the duty of the board to make provision
for the immediate reimbursement of the amount of any such deficiency in
its next resolution termed the annual appropriation bill.
(Source: P.A. 85-459.)
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(70 ILCS 810/42.4) (from Ch. 96 1/2, par. 6445.4)
Sec. 42.4.
Moneys shall be transferred from a zoological park working
cash fund to the zoological fund of the district only upon the authority of
the forest preserve district board, which shall from time to time by
separate resolution direct the district treasurer to make transfers of such
sums as may be required for the purposes herein authorized. Every such
resolution shall set forth (a) the taxes or other moneys in anticipation of
the collection or receipt of which such transfer is to be made and from
which such working cash fund is to be reimbursed, (b) the entire amount of
taxes extended or which the board estimates will be extended, or received,
for any year, in anticipation of the collection of all or part of which
such transfer is to be made, (c) the aggregate amount of warrants or note
theretofore issued in anticipation of the collection of such taxes together
with the interest accrued and which the board estimates will accrue thereon
and (d) the aggregate amount of moneys theretofore transferred from the
working cash fund to the zoological fund in anticipation of the collection
of taxes levied or to be received for any year, together with the aggregate
amount of such anticipation tax warrants theretofore drawn against such
taxes and the amount of the interest accrued and estimated to accrue on
such warrants or notes and the aggregate amount of such transfers
theretofore made in anticipation of the collection of such taxes, shall not
exceed 90% of the actual or estimated amount of such taxes extended or to
be extended, or to be received, as set forth in such resolution.
To the extent that at any time moneys are available in the working cash
fund they shall be transferred to the zoological fund and disbursed for the
payment of salaries and other zoological expenses so as to avoid, whenever
possible, the issuance of anticipation tax warrants or notes.
(Source: P.A. 81-1498.)
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(70 ILCS 810/43) (from Ch. 96 1/2, par. 6446)
Sec. 43.
The corporate authorities of forest preserve districts
are authorized, on land now
or hereafter under the control of such forest preserve districts, to
prepare and maintain grounds for a botanic garden, to acquire, plant,
maintain and display botanic material, to conduct research for
improvement of plant species and for plant protection against disease
and harmful insects, for the general care and growing of plant material,
and to erect and maintain such structures appropriate for the purposes
aforesaid; or such corporate authorities may authorize the directors or
trustees of any botanic garden existing and organized under the laws of
Illinois, to maintain a botanic garden as aforesaid out of funds
belonging to said botanic garden; or the corporate authorities of such
forest preserve districts may contract with a botanic garden or
horticultural society organized and existing under the nonprofit laws of
Illinois to establish and maintain a botanic garden as aforesaid, within
such forest preserve districts, out of the tax provided in Section 44.
(Source: P.A. 80-320.)
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(70 ILCS 810/44) (from Ch. 96 1/2, par. 6447)
Sec. 44.
For the purpose of establishing, constructing and
maintaining any botanic garden authorized by Section 43, the corporate
authorities of any forest preserve district are authorized to levy
annually a tax of not to exceed .015% of the value, as equalized or
assessed by the Department of Revenue, upon all the
taxable property in the district. This tax shall be levied and
collected in the same manner as the general taxes of the forest
preserve district and shall be in addition to the maximum of all other
taxes and tax rates which the district is now or may hereafter be
authorized to levy upon the aggregate valuation of all taxable property
within the district and shall be exclusive of and in addition to the
maximum amount and rate of taxes the district is now or may hereafter be
authorized to levy under this Act or under any other law or laws which
may limit the amount of tax which the district may levy for general
purposes. The proceeds of the tax herein authorized shall be kept as a
separate fund.
(Source: P.A. 81-1550.)
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(70 ILCS 810/44.1) (from Ch. 96 1/2, par. 6447.1)
Sec. 44.1. For the purpose of making capital improvements in
connection with botanical gardens, the corporate authorities of the
forest preserve district in which such gardens are maintained may incur an
indebtedness and issue bonds therefor in amounts not exceeding in the
aggregate $32,000,000. Such bonds shall bear interest at not
more than the
maximum rate provided by law and shall mature within 20 years from the date
thereof. The resolution authorizing this issuance of bonds may be made
effective without the submission thereof to the voters of the district for
approval.
All moneys received from the issuance of bonds as provided in this
Section shall be set apart in a separate fund by the district treasurer
and shall be used only for the purposes set forth in this Section.
The corporate authorities of such district shall provide for the levy
of a direct annual tax upon all the taxable property in such district,
sufficient to pay and discharge the principal of such bonds at maturity
and to pay the interest thereon as it falls due. This tax shall be
levied and collected in like manner with the general taxes of the forest
preserve district and shall be in addition to the maximum of all other
taxes and tax rates which the district is or may be authorized to levy.
(Source: P.A. 93-601, eff. 1-1-04.)
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(70 ILCS 810/45) (from Ch. 96 1/2, par. 6448)
Sec. 45.
Any member of the board of a district to which this Act
applies or any other person holding any other office, trust or
employment under such a district who shall wilfully violate any of the
provisions of this Act shall be guilty of a business offense and shall
be fined not to exceed $10,000 and shall forfeit his right to his
office, trust or employment and shall be removed therefrom. Any such
member or other person shall be liable for any sum that may be
unlawfully diverted from such working cash fund or otherwise used to be
recovered by such district or by any taxpayer in the name of and for the
benefit of such district, in an appropriate civil action. Such taxpayer
shall give bond for costs and be liable for all costs assessed against
the district in such suit, and judgment shall be rendered accordingly.
Nothing herein shall bar any other remedies.
(Source: P.A. 80-320.)
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