(70 ILCS 1310/0.01) (from Ch. 105, par. 327c9)
Sec. 0.01.
Short title.
This Act may be cited as the
Park District Elevated Highway Act.
(Source: P.A. 86-1324.)
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(70 ILCS 1310/1) (from Ch. 105, par. 327d)
Sec. 1.
The board of park commissioners of any park district in this
State is authorized and empowered to establish, lay out, construct and
build, within the territorial limits of the park district, elevated
pleasure highways and boulevards, together with all structures,
substructures, superstructures, foundations, ramps,
inclines, drainage
systems, lighting systems, ornamental work, curbs, gutters, safety
devices, signal systems and all permanent improvements and construction
work incidental thereto or connected therewith or necessary to render
such elevated pleasure highways and boulevards of greatest service to
the public.
(Source: P.A. 80-1495.)
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(70 ILCS 1310/2) (from Ch. 105, par. 327e)
Sec. 2.
Any such elevated pleasure highway or boulevard may be
constructed upon, along or over any public park, parkway, pleasureway,
driveway, boulevard, street or alley now or hereafter under the control
of the board of park commissioners, or, when, in the judgment of the
board of park commissioners, the public good will be served thereby, a
part or parts of the elevated highway or boulevard may be constructed
upon land not now used for public purposes. In the event that the board
of park commissioners desire to construct an elevated pleasure highway
or boulevard in whole or in part upon a street, road or alley not under
its jurisdiction, it may proceed to do so by obtaining the consent of
the political subdivision having jurisdiction thereof, and the consent
in writing of the owners of a majority of the lineal front feet of the
property abutting on such street, road or alley proposed to be taken
over by the park district, provided, however, in streets, roadways or
boulevards having a width greater than 66 feet between lot lines, no
such frontage consents shall be necessary, where the outside line of the
proposed elevated pleasure highway or boulevard structure, substructure
or superstructure shall be more than 25 feet from
the abutting property
line.
(Source: P.A. 80-1495.)
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(70 ILCS 1310/3) (from Ch. 105, par. 327f)
Sec. 3.
The location, design, construction, maintenance and control
of any improvement made under the provisions of this Act, shall be and
remain in the board of park commissioners, any agreement, rule,
regulation, ordinance or statute to the contrary notwithstanding. The
board of park commissioners is authorized and empowered to make and
enforce rules and regulations for the use, care, control and maintenance
of any improvement made under the provisions of this Act and is
authorized and empowered, where the public good will not be impaired, to
enter into agreements and contracts concerning the leasing of such
portions of the substructure, structure or superstructure,
as may not
at the time be used for public purposes.
(Source: P.A. 80-1495.)
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(70 ILCS 1310/4) (from Ch. 105, par. 327g)
Sec. 4.
For the purpose of defraying, in part the cost of making an
improvement under the provisions of this Act, the board of park
commissioners is authorized and empowered to accept and use any funds made
available for the purpose as follows:
1. By an appropriation of the Congress of the United States;
2. By an appropriation of the General Assembly of the State of Illinois;
3. By an appropriation of the county board of any county in which the
improvement, or a part thereof, is located;
4. By an appropriation of the city council or board of trustees of any
city, village or incorporated town in which the improvement or a part
thereof is located.
In this event, the board of park commissioners may enter into agreements
with any such governmental agency making such appropriation for the purpose
of setting forth the financial arrangements under which the funds are to be
turned over to the park district. Any funds received by the park district
under the provisions of this section shall be in addition to the funds
derived from the sale of bonds as hereinafter provided, and the fact that
the park district receives funds from any such governmental agency shall in
no way diminish the amount of bonds which the park district may issue and
sell under the provisions of this Act.
(Source: Laws 1929, p. 562.)
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(70 ILCS 1310/5) (from Ch. 105, par. 327h)
Sec. 5. Whenever the making of any part of an improvement or the locating
of a route or any part thereof under the provisions of this Act will
require that private property or property devoted to a public or
semi-public use be acquired, the board of park commissioners, in its name,
shall have the right and power to purchase the necessary property from the
owner thereof, or, if compensation therefor cannot be agreed upon, to
acquire and pay for said property together with any damage to land not
taken, in accordance with the provisions for the
exercise of the right of eminent domain under the Eminent Domain Act, provided, however, that the board of park commissioners shall not
be required, in any case, to furnish bond.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1310/5.5) Sec. 5.5. 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 1310/6) (from Ch. 105, par. 327i)
Sec. 6.
Whenever any Board of Park Commissioners seek to defray the
cost of the construction of an elevated pleasure highway or boulevard
wholly or in part out of the proceeds of a bond issue as hereinafter
provided, such Board of Park Commissioners shall by ordinance duly
passed before submission of the question of the issuance of such bonds
to referendum, set forth the route to be used; the aggregate estimated
cost of construction; the character of construction; the method of
defraying the entire cost, whether by agreement with other governmental
agencies or wholly out of the proceeds of bond issue; that the
proposition is to be voted upon at a specified ensuing regular
election, and setting forth the amount of
bonds which it is proposed to issue and the form of the proposition,
and such other material detail as will advise the
legal voters of
the district of the general character and plan of such proposed elevated
highway or boulevard.
(Source: P.A. 81-1489.)
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(70 ILCS 1310/7) (from Ch. 105, par. 327j)
Sec. 7.
For the purpose of carrying out the powers conferred by this Act,
the board of park commissioners is hereby authorized to incur indebtedness
(in addition to any indebtedness heretofore authorized) in an amount not
exceeding in the aggregate the sum of Twenty Million Dollars
($20,000,000.00) and in evidence of such indebtedness to issue and sell
from time to time its negotiable bonds to an amount not exceeding in the
aggregate the principal sum of Twenty Million Dollars. However, nothing
herein contained shall be construed to authorize the incurring of
indebtedness and issuing bonds in evidence thereof which, when added to
existing indebtedness, will make the total indebtedness of said park
district exceed five per cent (5%) of the value of taxable property within
said park district as ascertained and determined from the last assessment
from state and county taxes previous to the incurring of such indebtedness
and the issuance of such bonds.
(Source: Laws 1929, p. 562.)
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(70 ILCS 1310/8) (from Ch. 105, par. 327k)
Sec. 8.
Said bonds shall be issued in the name of the board of park
commissioners in such form and denomination and shall be payable at such
place and time, not exceeding twenty years, from the date thereof, as the
board of park commissioners may determine by ordinance duly adopted. Said
bonds shall be signed by the President, attested by the Secretary under the
corporate seal and countersigned by the Treasurer, and shall bear interest
at any rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, to be evidenced by interest coupons attached thereto. Such
bonds may be sold in such manner as shall be deemed advisable by the board
of park commissioners but not for less than the par value thereof and
accrued interest thereon; and the proceeds arising from the sale of said
bonds shall be set aside and kept in a separate fund and be used
exclusively for the uses and purposes set forth in this Act.
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 1310/9) (from Ch. 105, par. 327l)
Sec. 9.
The board of park commissioners is hereby authorized and directed
to levy a direct annual tax upon all taxable property within said park
district and under its control in addition to all other taxes heretofore or
hereafter authorized to be levied, sufficient to pay the interest upon and
also to pay and discharge the principal of said bonds within twenty years
from the date thereof. Said tax shall be extended and collected and paid
over to said board of park commissioners by the same officer or officers at
the same time and in the same manner as other park taxes are required by
law to be extended, collected and paid over.
(Source: Laws 1929, p. 562.)
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(70 ILCS 1310/10) (from Ch. 105, par. 327m)
Sec. 10.
The board of park commissioners may not, however, issue any
bonds under the provisions of this Act until the proposition of the
issuance of such bonds has been submitted and approved by a majority of
the legal voters of the district voting upon the proposition. The
proposition may be submitted at any regular election,
after complying with the provisions of Section 11, and in the event that
the issuance of the bonds is not approved by a majority of the legal
voters voting thereon at its first submission to them, the board of park
commissioners is authorized and empowered, after complying with the
provisions of Section 11, to resubmit the proposition to the voters; as
often as it may see fit to do so, at any election
thereafter.
(Source: P.A. 81-1489.)
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(70 ILCS 1310/11) (from Ch. 105, par. 327n)
Sec. 11.
The procedure to be followed in submitting the proposition
to the voters of the district shall be substantially as follows:
First: The board of park commissioners shall pass the ordinance
hereinbefore referred to in Section 6 providing that the proposition is
to be voted upon at a specified ensuing regular election, specifying
the date thereof, and the amount of bonds which it is proposed to issue
and the form of the proposition.
Second: The board of
park commissioners shall transmit a certified copy of the ordinance and
shall certify the proposition to
the proper election officials in accordance with the general election
law.
Third: The board of park commissioners shall cause an officer
designated by it to give notice of the referendum as required
by the general election law.
(Source: P.A. 81-1489.)
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(70 ILCS 1310/12) (from Ch. 105, par. 327o)
Sec. 12.
The proposition shall be in substantially the following form:
Shall bonds of the.... Park District to the amount of.... Dollars ($....) be issued for the purpose of constructing an elevated pleasure highway or boulevard in, along, over and YES upon the following route.... within the territorial limits of the.... Park District, in accordance with the provisions of an Act entitled, "An Act in relation to the construction by Park Districts of elevated pleasure highways and boulevards, NO and the provision of means for the payment of the cost thereof"; and an ordinance duly passed by said commissioners dated and in force and effect.
(Source: P.A. 81-1489.)
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(70 ILCS 1310/13) (from Ch. 105, par. 327p)
Sec. 13.
The referendum on the proposition shall be
conducted in the manner provided by the general election law
of the State. In
case a majority of the votes cast upon
the proposition shall be in favor thereof, the proposition shall be
deemed to be adopted and the board of park commissioners may proceed to
carry out the provisions of this Act.
(Source: P.A. 81-1489.)
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(70 ILCS 1310/14) (from Ch. 105, par. 327q)
Sec. 14.
The grant of powers and authorities by this Act to boards of park
commissioners shall not be held to be in limitation of any existing powers,
or authorities, but shall be held to be a granting of additional and
supplemental powers to boards of park commissioners.
(Source: Laws 1929, p. 562.)
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(70 ILCS 1310/15) (from Ch. 105, par. 327r)
Sec. 15.
The invalidity of any part or portion of this Act shall not
affect the validity of the remaining part thereof.
(Source: Laws 1929, p. 562.)
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