(70 ILCS 1205/Art. 4 heading) ARTICLE FOUR.
OFFICERS--ELECTIONS--POWERS AND DUTIES
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(70 ILCS 1205/4-1) (from Ch. 105, par. 4-1)
Sec. 4-1.
Each member of the governing board of any park district before
entering upon the duties of his office shall take and subscribe an oath to
well and faithfully discharge his duties, which oath shall be filed with
the secretary of said board. The members of such governing board shall
constitute the corporate authority for such district and a majority of such
members shall constitute a quorum for said board at any meeting thereof.
The members of such governing boards shall act as such without
compensation, and each member of the board shall be a legal voter of and
reside within such district.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/4-1a) (from Ch. 105, par. 4-1a)
Sec. 4-1a.
The provisions of Sections 3 and 4 of "An Act to prevent fraudulent and
corrupt practices in the making or accepting of official appointments and
contracts by public officers", approved April 9, 1872, as amended, apply
to this Act and are incorporated by reference.
(Source: P.A. 81-1031.)
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(70 ILCS 1205/4-2) (from Ch. 105, par. 4-2)
Sec. 4-2.
Governing boards of all park districts shall keep a regular book
of records of all ordinances or other proceedings of said board which
records shall be open to public inspection at all reasonable and proper
times.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/4-3) (from Ch. 105, par. 4-3)
Sec. 4-3.
All ordinances, orders and resolutions of the governing board of
any park district and the date of the publication thereof may be proved by
the certificate of its secretary under the seal of the district; when
printed in book or pamphlet form purporting to be published by the
governing board such book or pamphlet shall be received as evidence of the
passage and legal publication of such ordinances, orders, and resolutions
as of the dates mentioned in such publication in all courts or places
without further proof.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/4-4) (from Ch. 105, par. 4-4)
Sec. 4-4. Adoption
of budget and passage of annual appropriation ordinance required.
The governing body of each Park District shall, within or before the
first quarter of each fiscal year, adopt a combined annual budget and
appropriation ordinance, by which ordinance the board may appropriate such
sum or sums of money as may be deemed necessary to defray all necessary
expenses and liabilities of such Park District, and in such annual budget
and appropriation ordinance shall specify the objects and purposes for
which such appropriations are made, and the amount appropriated for each
object or purpose.
The budget included in such ordinance shall contain a statement of the
cash on hand at the beginning of the fiscal year, an estimate of the cash
expected to be received during such fiscal year from all sources, an
estimate of the expenditures contemplated for such fiscal year, and a
statement of the estimated cash expected to be on hand at the end of such
year. The estimate of taxes to be received may be based upon the amount of
actual cash receipts that may reasonably be expected by the Park District
during such fiscal year, estimated from the experience of the Park District
in prior years and with due regard for other circumstances that may
substantially affect such receipts. However, nothing in this Act shall be
construed as requiring any Park District to change or preventing any Park
District from changing from a cash basis of financing to a surplus or
deficit basis of financing; or as requiring any Park District to change or
preventing any Park District from changing its system of accounting.
The governing body of each Park District shall fix a fiscal year
therefor.
Such budget and appropriation ordinance shall be prepared in tentative
form by some person or persons designated by the governing body, and in
such tentative form shall be made conveniently available to public
inspection for at least 30 days prior to final action thereon. At least one
public hearing shall be held as to such budget and appropriation ordinance
prior to final action thereon, notice of which shall be given by
publication in a newspaper published in such Park District, at least one
week prior to the time of such hearing. If there is no newspaper published
in such Park District, notice of such public hearing shall be given by
posting notices thereof in 5 of the most public places in such Park
District. It shall be the duty of the secretary of such Park District to
make such tentative budget and appropriation ordinance available to public
inspection, and to arrange for such public hearing or hearings. Except as
hereinafter provided, no further appropriations shall be made at any
other time within such fiscal year, provided that the board of such Park
District may from time to time make transfers between the various items in
any fund in such appropriation ordinance not exceeding in the aggregate 10%
of the total amount appropriated in such fund by such ordinance, and may
amend such budget and appropriation ordinance from time to time by the same
procedure as is herein provided for the original adoption of a budget and
appropriation ordinance; provided that nothing in this Section shall be
construed to permit transfers between funds required by law to be kept
separate. However, during any fiscal year, the governing body of any Park District may adopt a supplemental appropriation ordinance subsequent to the adoption of the annual appropriation ordinance for that fiscal year in an amount not to exceed the aggregate of any additional revenue available to the Park District or estimated to be received by the Park District. The provisions of this Section regarding publication, notice, and public hearing shall not apply to the supplemental ordinance or to the budget document forming the basis of the ordinance.
After the first 6 months of any fiscal year have elapsed the board may
by two-thirds vote transfer from any appropriation item its anticipated
unexpended funds to any other item of appropriation, theretofore made, and
the item to which said transfer is made may be increased to the extent of
the amount so transferred.
The provisions of "The Illinois Municipal Budget Law", approved July 12,
1937, as now or hereinafter amended, are not applicable to Park Districts
organized under this Act.
The failure of the governing body of any park district to adopt an
annual budget and appropriation ordinance, or to comply in any respect with
the provisions of this Section, shall not affect the validity of any tax
levy of any such park district, otherwise in conformity with the law. The
budget and appropriation ordinance for any fiscal year is not intended or
required to be in support of or in relation to any tax levy made during
that fiscal year.
(Source: P.A. 98-278, eff. 8-9-13.)
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(70 ILCS 1205/4-4a) (from Ch. 105, par. 4-4a)
Sec. 4-4a.
The governing board of any park district 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: Laws 1951, p. 1746.)
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(70 ILCS 1205/4-4b) (from Ch. 105, par. 4-4b)
Sec. 4-4b.
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 1205/4-4c) Sec. 4-4c. Additional or supplemental budget. To take advantage of the increased limiting rate for levy year 2009 approved by a majority of voters voting on the proposition at the general primary election held on February 2, 2010, the Board of Park Commissioners of the Park District of Forest Park may adopt an additional or supplemental budget under the sole authority of this Section by a vote of a majority of the full membership of the board, any other provision of this Article to the contrary notwithstanding, in and by which the additional or supplemental budget the board shall appropriate the additional sums of money as it may find necessary to defray expenses and liabilities of the district to be incurred for corporate purposes of the district during that fiscal year, but not in excess of the additional funds estimated to be available by the voted increased limiting rate for levy year 2009. The additional or supplemental budget shall be regarded as an amendment of the annual budget for the fiscal year in which it is adopted. The board may immediately levy the additional tax for corporate purposes to equal the amount of the additional sums of money appropriated in the additional or supplemental budget.
(Source: P.A. 96-892, eff. 5-13-10.) |
(70 ILCS 1205/4-6) (from Ch. 105, par. 4-6)
Sec. 4-6.
No member of the board of any park district, nor any person,
whether in the employ of said board or otherwise, shall have power to
create any debt, obligation, claim or liability, for or on account of said
park district, or the monies or property of the same, except with the
express authority of said board conferred at a meeting thereof and duly
recorded in a record of its proceedings.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/4-7) (from Ch. 105, par. 4-7)
Sec. 4-7.
Employees; police force.
The board of any park district may
employ engineers,
attorneys, clerks and other employees, including a police force, as may be
required, and may define and prescribe their respective duties and
compensation.
After receiving a certificate attesting to the successful completion
of
a training course administered by the Illinois Law Enforcement Training
Standards Board,
the members of the board and all police officers appointed by
the board shall be conservators of the peace within and upon the
parks,
boulevards, driveways, and property controlled by that park
district, and
shall have power to make arrests subject to the provisions of the Park
District Police Act. The exercise of such authority shall not permit the
possession or use of firearms by members of the board.
(Source: P.A. 89-458, eff. 5-24-96; 90-540, eff. 12-1-97.)
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(70 ILCS 1205/4-8) (from Ch. 105, par. 4-8)
Sec. 4-8.
Except where the president of the district is elected by direct
vote of the electors, the board of each park district shall elect from
their number a president and all districts shall elect a vice-president,
who shall hold their respective offices for one year, or until their
successors shall be elected. The Board shall prescribe their powers and
duties not inconsistent with the provisions of this code.
The Board shall also appoint a secretary and a treasurer, prescribe
their duties, and term of office and require such bonds as the board deems
necessary. The secretary and treasurer need not be members of the board, in
which case the Board may fix their compensation; and both offices may be
held by the same person. The secretary shall have power to administer oaths
and affirmations.
The Board may appoint an assistant secretary and an assistant treasurer. If the secretary or treasurer are unable to perform the duties of their respective offices, then the assistant secretary or assistant treasurer shall perform the duties of that office, respectively, as prescribed by the Board. The assistant secretary and assistant treasurer need not be members of the Board. (Source: P.A. 97-758, eff. 7-6-12.)
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(70 ILCS 1205/4-9) (from Ch. 105, par. 4-9)
Sec. 4-9.
The president of any park district shall preside at all meetings
of the board, and shall call special meetings thereof of his own motion or
on request of two or more of the members, and in case of a special meeting
shall cause a notice to be given to all members as provided by the rule of
said board. He shall have the right to vote upon all questions coming
before the board and shall be a member thereof.
(Source: Laws 1951, p. 113.)
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