(70 ILCS 1205/Art. 1 heading) ARTICLE ONE.
SHORT TITLE--CONSTRUCTION--DEFINITIONS
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(70 ILCS 1205/1-1) (from Ch. 105, par. 1-1)
Sec. 1-1.
This Act may be cited as the
Park District Code.
(Source: P.A. 86-1475.)
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(70 ILCS 1205/1-2) (from Ch. 105, par. 1-2)
Sec. 1-2.
(a) It is the intent of this codification that from and after its
effective date, all existing park districts heretofore organized, together
with all districts hereafter organized under this code, shall have
identical powers, duties and purposes except for those instances where
specific powers, duties or forms of organization are expressly conferred
upon or prescribed for Submerged Land Park Districts, Pleasure Driveway and
Park Districts or Township Park Districts, as in this code provided by
specific designation.
(b) Construction. The provisions of this code, so far as they are the
same or substantially the same as those of any prior statute, shall be
construed as a continuation of such prior provisions and not as a new
enactment.
(c) If in any other statute reference is made to an act of the General
Assembly or a section of such an act which is continued in this code, such
reference shall be held to refer to the act or section thereof so continued
in this code.
(d) Nothing set forth herein shall be construed to disturb, alter,
amend, limit, or broaden the powers of the Chicago Park District or any
other park district heretofore formed under special charter.
(e) Where reference in this code is made to a specific article or
section but no act is specified, the reference is to an article or section
of this code and to all amendments thereto which may be hereafter enacted.
(f) Where reference in this code is made for any purpose to another act,
either specifically or generally, the reference shall be to that act and
all amendments thereto now in force or which may be hereafter enacted.
(g) The provisions of this code shall be cumulative in effect and if any
provision is inconsistent with another provision of this code or with any
other act not expressly repealed by Section One of Article Twelve hereof,
it shall be considered as an alternative or additional power and not as a
limitation upon any other power granted to or possessed by any park
district.
(h) If any provision of this code is held invalid, the invalidity of
that provision shall not affect any of the other provisions of this code.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/1-3) (from Ch. 105, par. 1-3)
Sec. 1-3.
(a) The term "park district" or "district" where used herein
shall refer to any district having a population of less than 500,000
inhabitants organized under the provisions of this code, or any district
organized under "An Act to provide for the creation of pleasure driveway
and park districts" approved June 19, 1893, as amended, or "An Act to
provide for the organization of park districts and the transfer of
submerged lands to those bordering on navigable bodies of water", approved
June 24, 1895, as amended, or "An Act to establish and maintain parks and
parkways in towns and townships", approved May 29, 1911, as amended, or
any one of them as indicated by the context of the section wherein said
phrase appears.
(b) The term "Pleasure Driveway and Park District" means any park
district organized under "An Act to provide for the creation of pleasure
driveway and park districts", approved June 19, 1893, as amended, or any
park district heretofore organized under the provisions of this code as a
Pleasure Driveway and Park District.
(c) The term "Submerged Land Park District" means any park district
organized under "An Act to provide for the organization of park districts
and the transfer of submerged lands to those bordering on navigable bodies
of water", approved June 24, 1895, as amended, or any park district
heretofore organized under the provisions of this code as a Submerged Land
Park District.
(d) The term "Township Park District" means any park district organized
under "An Act to establish and maintain parks and parkways in towns and
townships", approved May 29, 1911, as amended, or any park district
heretofore organized under the provisions of this code as a Township Park
District.
(e) The term "General Park District" means any park district hereafter
formed under this code or any Submerged Land Park District as that term is
defined in Section 1-3 (c) hereof.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/1-5) (from Ch. 105, par. 1-5)
Sec. 1-5.
Referenda.
Whenever a proposition or public question is required
to be submitted, pursuant to this Act, for approval or rejection by the
electorate at an election, the time and manner of conducting such referendum
shall be in accordance with the general election law of the State.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/1-6) (from Ch. 105, par. 1-6)
Sec. 1-6.
Election Definitions.
As used in this Act in connection with elections of park district officials
and referenda:
(a) "Voter" or "legal voter" or "elector" means a person qualified to
vote under the general election law.
(b) "Certify" and "certification", when used in connection with elections
of officers or referenda, refers to the certification, in accordance with
the general election law, of offices, candidates or propositions to county
clerks and boards of election commissioners for inclusion on the ballot
at an election.
(c) "Submit" and "submission", when used in connection with a referendum
on a proposition or question, refers to the submission to the voters, in
accordance with the general election law, of the proposition or question
by county clerks and boards of election commissioners.
(Source: P.A. 83-1362.)
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(70 ILCS 1205/Art. 2 heading) ARTICLE TWO.
ORGANIZATION--ELECTIONS
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(70 ILCS 1205/2-1) (from Ch. 105, par. 2-1)
Sec. 2-1.
Any territory having less than 500,000 population and so lying as
to form one connected area (no portion of which shall be already included
in an incorporated park district except in the cases provided for in
Section 2-2.1) may be incorporated as a park district, hereinafter referred
to as a "General Park District".
(Source: Laws 1963, p. 915.)
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(70 ILCS 1205/2-2) (from Ch. 105, par. 2-2)
Sec. 2-2.
In organizing any park district under this Code not less than
100 legal voters resident within the limits of such proposed park district
may petition the circuit judge of the county in which such territory, or
the greater or greatest portion thereof, in area, lies, to cause the question
to be submitted to the legal voters of such proposed park district whether
they will organize as a park district. Such petition shall clearly define
the territory intended to be embraced in such district and the name of such
proposed district. The petition must include an affidavit attesting that
notice of intent to petition for formation of a park district has been published
as required by the general election law. In cases coming within the terms
of Section 2-2.1 the petition shall also set forth facts showing that the proposed
park district meets the requirements of that Section and shall be signed
by the number of legal voters required by that Section.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-2.1) (from Ch. 105, par. 2-2.1)
Sec. 2-2.1.
(a) When 2 or more park districts are situated entirely within
the corporate limits of the same municipality, a park district coterminous with
such municipality may be organized in the manner hereinafter provided, and,
when so organized, shall supersede the park districts previously existing
within the limits of the municipality. The petition to organize such a park
district shall comply with the requirements of Section 2-2, but must be
signed by not less than 100 legal voters residing in each of the existing
park districts and, if the municipality includes territory not included
within any existing park district, by at least 100 legal voters residing in
such territory or by at least 10% of the legal voters residing in such
territory, whichever is less. The petition shall also state whether the
proposed district shall have 5 elected commissioners or 7 appointed
commissioners. If the proposed district shall have 7 appointed
commissioners, the chief executive officer of the municipality, with the
advice and consent of the corporate authorities, shall appoint the
commissioners. The initial appointed commissioners shall serve terms
determined by lot as follows: 2 for terms of 2 years, 2 for terms of 4
years, and 3 for terms of 6 years. Thereafter, appointed commissioners
shall serve for terms of 6 years. A vacancy in the office of appointed
commissioner shall be filled for the unexpired term in the same manner as
an original appointment. "Municipality" as used in this Section means a city, village or
incorporated town.
(b) (Blank).
(c) (Blank).
(Source: P.A. 99-16, eff. 1-1-16.)
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(70 ILCS 1205/2-2.2) (from Ch. 105, par. 2-2.2)
Sec. 2-2.2.
Organization; municipal territory.
Where territory to
be organized includes any part of a municipality not currently
a part of any park district, then the territory to be organized must
include all of the municipality.
(Source: P.A. 87-847.)
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(70 ILCS 1205/2-3) (from Ch. 105, par. 2-3)
Sec. 2-3.
An organization or reorganization petition under Section
2-2 or 2-2.1 shall be filed in the offices of the clerk of the circuit court
in which such proposed district or district to be
reorganized, or the greater or greatest portion in area
thereof, is situated together with a request that the circuit judge set a
date and time for a public hearing thereon. The organization petition
shall contain a plat survey of the legal boundaries of the proposed
district. The circuit judge shall fix a date and time, not less than 30
days nor more than 180 days after the date of filing of such petition and
hearing request, for a public hearing on the subject of the petition.
Notice of the time and place of such hearing shall be given by the clerk of
the circuit court at least 20 days prior to the date fixed for such hearing
by at least one publication thereof in one or more daily or weekly
newspapers having a general circulation within the proposed park district.
If no request for a hearing accompanied the petition or if a hearing on
the petition has not been held within the time required by this Section,
such petition shall be void and shall be dismissed by the circuit judge.
(Source: P.A. 84-633.)
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(70 ILCS 1205/2-4) (from Ch. 105, par. 2-4)
Sec. 2-4.
If the circuit judge finds, upon such hearing, that the petition
meets the requirements of this Act and the general election law, and that the
boundaries as defined are reasonable boundaries for the formation of a park
district or districts, he shall order the question submitted to referendum
and, if applicable, the election of 5 commissioners in such proposed
district or districts at the next regular election at which the question
may be submitted in accordance with the general election law. Thereupon
the clerk of the circuit court shall certify said proposition and, if
applicable, offices to the proper election authority which shall conduct
such election at the time and in the manner provided by the general
election law. Nomination petitions for this initial election, if
applicable, shall be filed within the time provided by the general election
law. In the case of a proposition to reorganize a district into 2 new
districts under subsection (b) of Section 2-2.1, nomination petitions shall
be filed separately for each of the proposed districts.
(Source: P.A. 86-307.)
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(70 ILCS 1205/2-5) (from Ch. 105, par. 2-5)
Sec. 2-5.
The ballots to be used at such election shall be substantially
the following form:
( )For Park District
( )Against Park District
For Park Commissioners (Vote for five)
(Here insert names of nominees, if any, with square at left opposite each,
and five additional blank lines for voters to write in names if desired.)
( ) ( ) Names ( ) ( ) ( )
and shall include the names of all nominees for commissioners together with
five blank lines for voters to write in names if desired; provided however
in election jurisdictions where voting devices are utilized, voters may
write in names in the manner provided in the general election law governing
such voting systems. If the proposed district shall have appointed
commissioners, the provisions for voting for commissioners shall be omitted
from the ballot.
(Source: P.A. 86-307.)
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(70 ILCS 1205/2-6) (from Ch. 105, par. 2-6)
Sec. 2-6.
The circuit court shall canvass such returns and shall
enter a judgment of record determining
and declaring the results of the election, which judgment shall be filed
in the court and if such district shall lie in more than one county, a
certified copy thereof shall be delivered to the clerk of
the circuit court of each such other county who shall file the certified
copy of record in the circuit court of such county.
(Source: P.A. 83-1362.)
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(70 ILCS 1205/2-7) (from Ch. 105, par. 2-7)
Sec. 2-7.
Except as otherwise provided in Section 2-7.1, in case a
majority of the votes cast upon the question so submitted shall be in
favor of the establishment of such district, said district shall then be
deemed organized subject to the election of the initial commissioners: Provided,
that where a referendum has been held to
organize any territory as a park district under this Act at which a
majority of the votes cast in the territory proposed to be organized was
against the organization of such park district, then in any subsequent
referendum to organize a park district, held within 2 years of the date of
the previous referendum, which includes any of the territory included in
such previous referendum, if a city, village or incorporated town is
included in the territory proposed as a district,
no such district shall be
deemed to be organized unless a majority of the votes cast within the
limits of each such city, village or incorporated town and also a
majority of the votes cast outside the limits of each such city, village
or incorporated town, shall be in favor of the establishment of such
district. The clerk shall certify the proposition to the proper election
officials who shall submit the proposition at an election in accordance
with the general election law.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/2-7.1) (from Ch. 105, par. 2-7.1)
Sec. 2-7.1.
(a) In case of a proposal to organize a park district as
provided in subsection (a) of Section 2-2.1, the district shall be deemed
organized if the proposal to organize the district
receives the favorable vote of a majority of all
votes cast on the question, and also receives the favorable vote of a
majority of the votes cast within each of the existing park districts and
in the territory, if any, not included in any existing park district.
Thereupon the old park districts shall cease to exist, and the newly
organized district shall succeed to all of their property and all their
rights and obligations, including any bonded indebtedness.
(b) In case of a proposal to reorganize a park district into 2 new
park districts as provided in subsection (b) of Section 2-2.1, the district
shall be deemed reorganized if the proposal to reorganize the park district
receives the favorable vote of a majority of all votes cast within the park
district to be so reorganized. Thereupon the old park district shall cease
to exist, and the newly organized park districts shall succeed to all of
its property and all of its rights and obligations, including any bonded
indebtedness, as provided in Section 2-2.1.
(Source: P.A. 83-1346.)
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(70 ILCS 1205/2-8) (from Ch. 105, par. 2-8)
Sec. 2-8.
All courts in this State shall take judicial notice of all park
districts.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/2-9) (from Ch. 105, par. 2-9)
Sec. 2-9.
Candidates for park commissioner elected at the election to
determine whether or not a General Park District shall be formed shall be
nominated in the same manner and form as prescribed in the general election
law, except that the petition for nomination shall be filed with the clerk
of the circuit court and shall have the signatures of no less than 25
qualified voters. Candidates for the initial board of commissioners shall
file nomination petitions within the time prescribed by the general election law.
In the event that such park district is organized, then the five persons
who shall have received the highest number of votes for commissioners each
at such election shall be declared the commissioners of said district.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-10) (from Ch. 105, par. 2-10)
Sec. 2-10.
Except as otherwise provided herein, within 30 days after declaration
of the result of the election to organize a district, the five persons elected
as commissioners shall meet and decide by lot, the term for which each shall
hold office. Two shall serve for six years; two shall serve for four years;
and one shall serve for two years, respectively and until their successors
shall be duly elected and qualified.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-10a) (from Ch. 105, par. 2-10a)
Sec. 2-10a.
Any district may provide by referendum, or by resolution of
the board, that the board shall be comprised of 7 commissioners. Any such
referendum shall be initiated and held in the same manner as is provided
by the general election law.
If a majority of the votes cast on the proposition is in favor of the 7-member
board, or if the board adopts a resolution stating that it is acting pursuant
to this Section in order to create a 7-member board, then whichever of the
following transition schedules are appropriate shall be applied: At the
election of commissioners next following by at least 197 days after the date on
which the proposition to create a 7-member board was approved at referendum
or by resolution, the number of commissioners to be elected shall be 2 more
than the number that would otherwise have been elected. If this results
in the election, pursuant to Section 2-12 of this Act, of 4 commissioners
at that election, one of the 4, to be determined by lot within 30 days after
the election, shall serve for a term of 4 years or 2 years as the case
may be, instead of 6 years, so that his term will expire in the same year
in which the term of only one of the incumbent commissioners expires.
Thereafter,
all commissioners shall be elected for 6-year terms as provided in Section
2-12. If the creation of a 7-member board results in the election of either
3 or 4 commissioners, pursuant to Section 2-12a of this Act, at that election,
2 of them, to
be determined by lot within 30 days after the election, shall serve for
terms of 2 years instead of 4 years. Thereafter, all commissioners shall
be elected for 4-year terms as provided in Section 2-12a of this Act.
In any district where a 7-member board has been created pursuant to this
Section whether by referendum or by resolution, the number of commissioners
may later be reduced to 5, but only by a referendum initiated and held in
the same manner as prescribed in this Section for creating a 7-member board.
No proposition to reduce the number of commissioners shall affect the terms
of any commissioners holding office at the time of the referendum or to
be elected within 197 days after the referendum. If a majority of the votes cast on the proposition is in favor of reducing a 7-member board to a 5-member board, then, at the election of commissioners next following by at least 197 days after the date on which the proposition was approved at referendum, the number of commissioners to be elected shall be 2 less than the number that would otherwise have been elected and whichever of the following transition schedules are appropriate shall be applied: (i) if this results in the election of no commissioners for a 6-year term pursuant to Section 2-12 of this Act, then at the next election in which 3 commissioners are scheduled to be elected to 6-year terms as provided in Section 2-12, one of the 3, to be determined by lot within 30 days after the election, shall serve for a term of 4 years or 2 years, as the case may be, instead of 6 years, so that his or her term will expire in the same year in which the term of no incumbent commissioner is scheduled to expire; thereafter, all commissioners shall be elected for 6-year terms as provided in Section 2-12; or (ii) if the reduction to a 5-member board results in the election of one commissioner to a 4-year term, pursuant to Section 2-12a of this Act, then at the next election in which 4 commissioners are scheduled to be elected to 4-year terms as provided in Section 2-12a, one of the 4, to be determined by lot within 30 days after the election, shall serve for a term of 2 years, instead of 4 years, so that his or her term will expire in the same year in which the term of only one incumbent commissioner is scheduled to expire; thereafter, all commissioners shall be elected for 4-year terms as provided in Section 2-12a.
(Source: P.A. 103-467, eff. 8-4-23.)
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(70 ILCS 1205/2-11) (from Ch. 105, par. 2-11)
Sec. 2-11.
No person shall be eligible to serve as park commissioner
unless that person is a qualified elector of the park district and has
resided therein at least one year prior to election or appointment.
A person is not eligible to serve as park commissioner if that person is in arrears in the payment of a tax or other indebtedness due to the park district or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony. Nominations of candidates for the office of park commissioners
in any General Park District at all succeeding elections shall be made by
petition signed in the aggregate for each candidate by qualified voters
of such district, equal in number to not less than 2% of the number who
voted at the last preceding election for commissioners in such district,
but in no case by less than 25 of such voters. The petition shall be filed
with the secretary of the district.
In all General Park Districts the secretary of the district shall, in
the manner and at the time prescribed by the general election law certify
to the proper election authorities the name or names of the candidate
or candidates so nominated. The ballot shall have no political party name,
platform or principle thereon designated, nor shall any party circle be
printed upon the ballot. Where voting machines or electronic voting systems
are used, the provisions of this Section may be modified as required or
authorized by the general election law.
(Source: P.A. 96-458, eff. 8-14-09.)
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(70 ILCS 1205/2-12) (from Ch. 105, par. 2-12)
Sec. 2-12.
Except as may be otherwise determined pursuant to Section 2-12a
the commissioners shall be elected for 6 year terms in all districts now
or hereafter organized with the exceptions provided in Sections 2-10 and
2-10a as to those first elected.
In all General Park Districts commissioners shall be elected biennially
to take the place of those whose terms expire. Such elections
shall take place at the election provided by the general election
law.
Commissioners shall serve until their successors are elected and qualified.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-12a) (from Ch. 105, par. 2-12a)
Sec. 2-12a.
Any district may provide, either by resolution of the board
or by referendum, that the term of commissioners shall be 4 years rather
than 6 years. Any such referendum shall be initiated and held in the same
manner as is provided by the general election law for public questions
authorized by Article VII of the Illinois Constitution.
If a majority of the votes cast on the proposition is in favor of a 4-year
term for commissioners, or if the Board adopts a resolution stating that
it is acting pursuant to this Section to change the term of office from
6 years to 4 years, commissioners thereafter elected, commencing with the
first regular park district election at least 197 days after the date on
which the proposition for 4-year terms was approved at referendum or by
resolution, shall be elected for a term of 4 years. In order to provide
for the transition from 6-year terms to 4-year terms: (1) If 2 commissioners on a 5-member board are to be | ||
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(2) On a 7-member board under Section 2-10a, if the | ||
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(A) if 3 commissioners are elected at the first | ||
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(B) if 2 commissioners are elected at the first | ||
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In any district where the board has created 4-year terms pursuant to
this Section, whether by referendum or by resolution, the length of terms
may later be increased to 6 years, but only by a referendum initiated and
held in the same manner as prescribed in this Section for creating 4-year
terms. No proposition to increase the terms of commissioners shall affect
any commissioner holding office at the time of the referendum or to be
elected within 197 days after the referendum.
(Source: P.A. 103-467, eff. 8-4-23.)
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(70 ILCS 1205/2-14) (from Ch. 105, par. 2-14)
Sec. 2-14.
When the boundaries of any General Park District are coterminous
with the boundaries of a village having 50,000 or more inhabitants, and
the commissioners are being elected for the same
term of office as village trustees, within 30 days after the declaration
of the result of the first election held to elect commissioners, the five
persons elected as commissioners shall meet
and decide by lot the term for which each shall hold office. Two shall serve
for six years, two shall serve for four years, and one shall serve for two
years, respectively, from the date of their election as commissioners, or
until their successors shall be duly elected and qualified.
When the boundaries of any General Park District are coterminous with the
boundaries of a village having 50,000 or more inhabitants, and the commissioners
are being elected for the same term of office as
village trustees, the provisions of Section 2-12 concerning the term of
office of commissioners in General Park Districts
shall apply to elections subsequent to the first election held to elect commissioners.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-15) (from Ch. 105, par. 2-15)
Sec. 2-15.
In each Pleasure Driveway and Park District there shall be elected
a president and six trustees who shall be legal voters of and reside within
said district, who shall hold their respective offices for a term of four
years, from the date of said election and until their successors are elected
and qualified.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-17) (from Ch. 105, par. 2-17)
Sec. 2-17.
In existing Pleasure Driveway and Park Districts nominations
of candidates for the office of president and trustee shall be made only by petition
in the manner as provided for independent candidates
in the general election
law. The petition shall be
signed by qualified voters in the district equal in number to not less than
2% of the number who voted at the last preceding election for trustees in
the district, but in no case by fewer than 25 voters. The secretary of
such board shall certify the names of the candidates to the appropriate
election authorities, who shall conduct such election at the time and in
the manner provided by the general election law.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-17.5) Sec. 2-17.5. Fox Valley Park District. (a) The Fox Valley Pleasure Driveway and Park District is reorganized by operation of law as the Fox Valley Park District under this Code on July 16, 2014 (the effective date of Public Act 98-772). (b) Each Fox Valley Park District commissioner shall be a legal voter and reside within the park district and, as to the subdistrict commissioners, each shall reside within the subdistrict from which he or she is elected. The proper election authority shall conduct the elections for commissioners at the time and in the manner provided by the general election law. (c) Beginning with the consolidated election in 2017, 7 commissioners shall be elected for 4-year terms, consisting of 6 commissioners from 3 2-member subdistricts and 1 commissioner elected at large. The terms of office of the initial commissioners elected under Public Act 98-772 will run as follows, to be determined by lot: 4 members shall serve a 4-year term and may be re-elected for subsequent 4-year terms, and 3 members shall serve a 2-year term and may be re-elected for subsequent 4-year terms thereafter. The initial three subdistricts of the Fox Valley Park District shall be as follows: (1) Those portions of Kane County and Kendall County | ||
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(2) Those portions of Kane County and Kendall County | ||
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(3) Those portions of the district in DuPage County | ||
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In the year following the next decennial census and each decennial census thereafter, the board of commissioners shall reapportion the subdistricts to reflect the results of the census. A nominating petition for a candidate for commissioner of a subdistrict or for a candidate for the at-large commissioner shall contain signatures of registered voters residing anywhere within the Fox Valley Park District, but at least 50 such registered voters or 2% of the total number of ballots cast Park District-wide in the last preceding election for commissioners in the Fox Valley Park District, whichever is less. The term of office for the commissioners elected
under this
Section shall commence on the first Monday
of the month following the month of election. The terms of all appointed trustees serving on July 16, 2014 (the effective date of Public Act 98-772) shall end when their successors have been elected and qualified. (d) The Fox Valley Park District board of commissioners shall elect officers of the board at the first meeting of the board following the next consolidated election for park district commissioners. (e) As of July 16, 2014 (the effective date of Public Act 98-772), each Fox Valley Pleasure Driveway and Park District trustee in office shall, as a member of the board of the Fox Valley Park District, perform the duties and exercise the powers conferred upon park board commissioners under this Code, until his or her successor is elected and has qualified. (f) Any tax authorized by referendum or other means under this Code and levied by the Fox Valley Pleasure Driveway and Park District before July 16, 2014 (the effective date of Public Act 98-772) shall not be affected or abrogated because of the name change, and the Fox Valley Park District may continue to levy and collect that tax.
(Source: P.A. 101-672, eff. 1-1-22.) |
(70 ILCS 1205/2-18) (from Ch. 105, par. 2-18)
Sec. 2-18. (a) Except for the Fox Valley Park District on and after the effective date of this amendatory Act of the 98th General Assembly, in any Pleasure Driveway and Park District in which the legal voters
have heretofore determined that the governing board shall be appointed,
such method shall continue in effect and the board shall consist of 7
trustees. In such case and if the district is wholly contained within
a single county the trustees shall be appointed by the presiding officer of the
county board with the advice and consent of the county board.
If the district is located in more than one county, the number of
trustees who are residents of a county shall be in
proportion, as nearly as practicable, to the number of
residents of the district who reside in that county in
relation to the total population of the district, except that the board of
trustees
may determine that one trustee is to be appointed from each county within
the district, such appointment to be made by the appropriate appointing
authority as hereinafter provided. Each trustee shall be
appointed by the county board of his
or her county of residence, or in the case of a home rule
county, by the chief executive officer of the county with
the advice and consent of the county board.
(b) Upon the expiration of the term of a trustee who is
in office at the time of the publication of each decennial Federal census
of population, the successor shall be a resident of whichever county is
entitled to such representation as determined under subsection (a), and he
shall be appointed by the county board of that county, or
in the case of a home rule county as defined by Article VII, Section 6
of the Illinois Constitution, the chief executive officer of that county,
with the advice and consent of the county board. Thereafter, each
trustee shall be succeeded by a resident of the same county who shall
be appointed by the same appointing authority.
The appropriate appointing authority
shall appoint trustees biennially for such district on the first Monday in July, to
fill the vacancies on the board of trustees caused by the expiration of the term of
office of trustees and the trustees shall be legal voters and reside within
the park district; provided, that no more than 4 trustees at any one time
shall belong to the same political party. Each of the trustees shall receive
a certificate of appointment and qualify within 10 days from the receipt of
notice of appointment.
Trustees shall be appointed for a period of 4 years and shall hold
their office until their successors are appointed and qualified.
Whenever a vacancy is created other than by the expiration of a
trustee's term of office, it shall be filled by the appropriate appointing
authority as provided in subsection (a).
All trustees appointed for any park district, as herein provided, shall
have and exercise all the powers conferred upon trustees elected under the
provisions of this Code.
In a Pleasure Driveway and Park District the trustees of which are
appointed as herein provided, whenever a provision in this Code or any other
applicable law authorizes
a public question of any kind to be submitted to the electors of the district at an
election, a petition by electors of the district asking that such question
be submitted shall be signed by a number of registered voters of
such district equal to not less than 10% of the number of registered voters in
the district as of the last preceding regular election.
(Source: P.A. 98-772, eff. 7-16-14.)
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(70 ILCS 1205/2-19) (from Ch. 105, par. 2-19)
Sec. 2-19.
The board of Township Park Districts shall consist of three
commissioners, each of whom must be a legal voter of and reside within the
district. Each shall hold office for a term of six years from the date of
his election and until his successor is elected and qualified.
An election shall be held at the time provided by
the general election law,
to elect the commissioner whose term then expires. Nominations
shall be made in the manner as provided for General Park Districts under Sections
2-11, 2-12 and 2-13 of this Code. The election shall be conducted
as provided by the general election law.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-20) (from Ch. 105, par. 2-20)
Sec. 2-20.
Whenever the legal voters of any Township Park District or Pleasure
Driveway and Park District, equal in number to ten per cent of the number
of electors voting at the last preceding election held in the district,
petition the board thereof to submit the question whether the park district
shall reorganize as a General Park District under this Code, the secretary
of the board shall certify this question to the appropriate election authorities
who shall conduct a referendum on said question in accordance with the general
election law. Such petition shall be filed with the secretary of said board
in accordance with provisions of general election law.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-21) (from Ch. 105, par. 2-21)
Sec. 2-21.
The proposition to be submitted at such election shall be in
substantially the following form:
Shall the.... Park District YESreorganize as a General Park District under the Park District Code? NO
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-22) (from Ch. 105, par. 2-22)
Sec. 2-22.
If a majority of the legal voters of such district voting on
such proposition vote in favor thereof, the park district shall become a
General Park District under this Code. Thereupon, the Park District
officers then in office or elected at such election shall exercise the
powers conferred upon like officers under this Code until their successors
are elected and have qualified.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/2-23) (from Ch. 105, par. 2-23)
Sec. 2-23.
The first election for commissioners where a Pleasure Driveway
and Park District has become a General Park District shall be held at
the next regular election for park district commissioners at which time
two commissioners
shall be elected for a term of six years to succeed the former president
and two trustees whose terms have expired. In the succeeding
biennial election three commissioners shall be elected to succeed the remaining
former trustees, whose terms shall have then expired. These three
newly elected commissioners shall decide by lot the term for which each
shall hold office. The two drawing the longest term shall serve for six
years; and the other shall serve for two years, and until their successors
shall be duly elected and qualified. Thereafter commissioners shall be elected
biennially for a term of six years to succeed the commissioners whose terms
expire. Provided, in former Pleasure Driveway and Park Districts, where
the trustees are appointed in the manner provided in Section 2-18 hereof,
the first election for commissioners shall be held at the next
regular election for park district commissioners after
the expiration of the terms of the three or four former trustees (as the
case may be) whose terms first expire. Said election shall be held at
the time provided by the general election law
at which two commissioners shall be elected for a term of six years
to succeed said former trustees whose terms have expired. Two
years thereafter an election shall be held at the time provided by the
general election law, at which three commissioners
shall be elected to succeed the remaining former trustees whose terms shall
have expired. These three newly elected commissioners shall
decide by lot the term for which each shall hold office, in the same manner
as above provided for Pleasure Driveway and Park Districts in which the
former trustees were elected by the voters.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-24) (from Ch. 105, par. 2-24)
Sec. 2-24.
The first election for commissioners where a Township Park District
has been incorporated as a General Park District shall be held at
the next regular election of such commissioners as provided in the general
election law at which time three commissioners shall be elected to succeed
the commissioner whose term has expired.
These newly elected three commissioners shall decide by lot the term for
which each shall hold office; the two drawing the longest term shall serve
for six years, and the other shall serve for four years, and until their
successors shall be duly elected and qualified. In the succeeding biennial
election one commissioner shall be elected for a term of six years to succeed
the commissioner whose term has expired. Thereafter commissioners shall
be elected biennially for a term of six years to succeed the commissioners
whose terms expire.
(Source: P.A. 81-1490.)
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(70 ILCS 1205/2-25) (from Ch. 105, par. 2-25)
Sec. 2-25. Vacancies. Whenever any member of the governing board of any park
district (i) dies, (ii) resigns, (iii) becomes under legal disability, (iv)
ceases to be a legal voter in the district, (v) is convicted in any court located in the United States of any
infamous crime, bribery, perjury, or other felony, (vi) refuses or neglects to take his or her oath of office,
(vii) neglects to perform the duties of his or her office or attend
meetings of the board for the length of time as the board fixes by
ordinance, or (viii) for any other reason specified by law, that office may
be declared vacant. Vacancies shall be filled by appointment by a majority
of the remaining members of the board. Any person so appointed shall hold
his or her office until the next regular election for this office, at which
a member shall be elected to fill the vacancy for the unexpired term,
subject to the following conditions:
(1) If the vacancy occurs with less than 28 months | ||
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(2) If the vacancy occurs with more than 28 months | ||
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(Source: P.A. 101-257, eff. 8-9-19; 102-558, eff. 8-20-21.)
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(70 ILCS 1205/2-26) (from Ch. 105, par. 2-26)
Sec. 2-26.
The election of a park commissioner may be contested in the
Circuit Court. Such contests shall be initiated and conducted pursuant
to the provisions of Article 23 of The Election Code, as amended, applicable
to contests of election of officers elected from districts.
(Source: P.A. 80-638.)
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(70 ILCS 1205/2-27) Sec. 2-27. (Repealed).
(Source: P.A. 98-928, eff. 8-15-14. Repealed internally, eff. 6-1-17.) |
(70 ILCS 1205/2-28) Sec. 2-28. Plainfield Park District board. On and after April 4, 2017, the Plainfield Park District shall have a board of 7 commissioners to be elected as provided under Section 2-10a of this Code.
(Source: P.A. 98-928, eff. 8-15-14.) |
(70 ILCS 1205/Art. 3 heading) ARTICLE THREE.
ANNEXATION--DISCONNECTION
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(70 ILCS 1205/3-1) (from Ch. 105, par. 3-1)
Sec. 3-1.
Annexation by petition.
Any territory adjoining a park
district, or separated therefrom only by
a river, stream or other body of water, street, alley, roadway, highway,
toll road, or railroad, may become a part of the district
if a majority of the legal voters residing in and a majority of the
property owners of record within the territory proposed to be annexed to
the district petition the board of the
district to be annexed. The board may, in its
discretion, by ordinance, annex the
territory to the district, and the territory
shall then become and be a
part of the district the same as though originally included in
the
district. No tract of land, however, exceeding
20 acres in area
shall be included in an annexation petition without the written consent
of the owner of record unless the tract is (1) subdivided into lots or
blocks or (2) bounded on at least 3 sides by lands subdivided into
lots or blocks. A certified copy of the annexing ordinance shall be filed
in the offices of the county clerk and Recorder of each county in which
the annexation takes place. The new boundary shall
extend to the far
side of any adjacent highway and shall include all of every highway within
the area annexed. These highways shall be considered to be annexed even
though not included in the legal description set forth in the annexation
ordinance.
(Source: P.A. 89-458, eff. 5-24-96; 89-536, eff. 7-19-96.)
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(70 ILCS 1205/3-2) (from Ch. 105, par. 3-2)
Sec. 3-2.
Territory adjoining any Park District, or separated
therefrom only by a river, stream, drainage canal or ditch or other body
of water, street, alley, roadway, highway, toll road, or railroad, may
be annexed to and become a part of such district in the manner
following: The board of any park district may initiate the proceedings
by enacting an ordinance expressing its desire to annex such territory
or any 100 or more legal voters residing within the territory proposed
to be annexed, may petition to initiate such annexation proceedings.
Such ordinance or petition shall be filed with the Clerk of the Circuit
Court of the County wherein such Park District or greater or greatest
portion thereof lies, which ordinance or petition shall set forth the
name of the Park District to which annexation is proposed, define the
limits of the territory proposed to be annexed, and request the Judge of
the Circuit Court to order the question initiated by the petition or
ordinance to be submitted to the legal voters of such Park District and
of the territory proposed to be annexed; provided, however, if the legal
voters residing within the territory proposed to be annexed are fewer
than 200 in number, a majority of such legal voters, may petition in
like manner as above; provided, further, that if there are no legal
voters residing within the territory proposed to be annexed a majority
of the adult owners of record of lands within the territory proposed to
be annexed, and who represent a major portion in area of land within
such territory, may petition in the manner above provided; provided
further, that no tract of land exceeding 20 acres in area shall be
included in such petition or ordinance without the written consent of
the owners of record unless the same (1) is subdivided into lots or
blocks, (2) is bounded on 3 sides by lands subdivided into lots or
blocks, or (3) is used for commercial or industrial purposes.
The petitioners or corporate authorities, as the case may be, shall give
notice of the annexation petition or ordinance, as the case may be, not
more than 45 or less than 30 days prior to the passage of such ordinance or
the filing of the petition with the Clerk of the Circuit Court. This
notice shall state that a petition or ordinance for annexation, as the case
may be, will be filed and give the substance of the petition or ordinance,
including a description of the territory to be annexed, the date of filing
and the name of the annexing park district. This notice shall be given by
publishing a notice once in a newspaper published in the annexing park
district, or, if no newspaper is published in the annexing park district,
then in a newspaper with a general circulation within the annexing park
district. A copy of this notice shall be filed with the clerk of the
annexing park district. Upon the filing of such petition the court shall
determine its validity and if it is in conformity with law shall order said
proposition submitted to referendum as provided in Section 3-3 hereof.
(Source: P.A. 85-1440.)
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(70 ILCS 1205/3-3) (from Ch. 105, par. 3-3)
Sec. 3-3.
Whenever the annexation of other districts or additional
territory to any park district requires a referendum under the provisions of
this Article, the referendum shall be conducted in the manner provided by the
general election law in the territory or district proposed to be annexed and in
the park district to which annexation is proposed, (provided, that if there are
no legal voters residing within the territory proposed to be annexed no
election need be held in such territory; but the election shall be ordered to
be held only in the park district to which annexation is proposed) the court
shall certify the proposition to the proper election officials who shall submit
the proposition at an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall (name of park district) annex (description of | ||
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The circuit judge shall cause a statement of the result of the election to be
entered of record in the circuit court, a certified copy of which statement
shall be filed by the board of the district in the records of the district, and
recorded in the offices of the county clerk and recorder of each county in
which the district lies.
If a majority of the votes cast upon that question at such election
in the territory proposed to be annexed shall be for annexation, or if
no votes whatever are cast for or against the question at such election
in the territory proposed to be annexed, or if no election is held in
such territory because there are no legal voters residing therein, and,
also, if a majority of the votes cast upon the question in the annexing
district shall be for annexation, then the adjoining territory shall
thenceforth be a part of such district.
Upon annexation, whether by petition or referendum, all the taxable
property in the territory or in the district annexed shall be subject to
all of the tax rates of the annexing district.
(Source: P.A. 87-1052.)
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(70 ILCS 1205/3-3a) (from Ch. 105, par. 3-3a)
Sec. 3-3a.
Annexation; municipal territory.
Where territory to
be annexed includes any part of a municipality not currently
a part of any park district, that territory must include the
municipality in its
entirety. The board of any park district may initiate the proceedings by
enacting an ordinance expressing its desire to annex the territory, or any
100 or more legal voters residing within the municipality proposed to be
annexed may petition to initiate annexation proceedings. The
ordinance or petition shall be filed with the clerk of the circuit court
where the park district or a greater or greatest
portion lies. The ordinance or petition shall
set forth the name of the park district
to which annexation is proposed and define the limits of the territory
proposed to be annexed. Upon the filing of the petition, the court shall
determine its validity and, if it is in conformity with law, shall order
the proposition submitted to referendum as provided in Section
3-3. The changes made to this Section by this amendatory Act
of 1991 clarify the language and make no substantive changes.
(Source: P.A. 87-847.)
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(70 ILCS 1205/3-4) (from Ch. 105, par. 3-4)
Sec. 3-4.
Any park districts, may be annexed to and become a part of
any other adjoining park district in the manner following:
Upon the filing of a petition in the office of the circuit clerk of
the county in which the annexing district or the greater or greatest
portion thereof is located, signed by voters in number equal to at least
5% of the legal voters voting at the last general election in the
district proposed to be annexed and by voters in number equal to at
least 5% of the legal voters voting at the last general election in the
district to which such annexation is proposed to be made, the circuit
court for such county shall order the question of such annexation to be
submitted to the legal voters of both park districts, in the manner
prescribed in Section 3-3 hereof. The debts and obligations of the
annexed district shall be transferred as provided in Section 3-5
hereof.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/3-5) (from Ch. 105, par. 3-5)
Sec. 3-5.
In case of annexation of an entire park district by another park
district under Section 3-4 hereof, any indebtedness, contract or liability
of the park district so annexed shall be assumed and paid by the district
so annexing and said district so annexing shall be vested with the title
and ownership of all the property of the district annexed. Upon such
annexation the commissioners and officers of the annexed district shall
immediately close up the business of said district and transfer to the
annexing district all books, records, property, and revenues collectible,
of the district so annexed, whereupon their terms of office shall expire.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/3-6) (from Ch. 105, par. 3-6)
Sec. 3-6.
Any territory, within any park district, which (1) is upon the
border of the park district, and (2) if disconnected from the park district
would not separate any part of the park district from any other part, may
be disconnected from the park district, in the discretion of its corporate
authorities as follows:
A written petition, signed by the majority of the owners of record of
land and the owners of record of more than one-half of the area of land in
the territory described in the petition, shall be filed with the secretary
of the governing board of the park district, requesting that the specified
territory be disconnected from the park district. The petition shall be
filed at least 30 days before it is considered by the corporate
authorities. The petition shall be accompanied with the certificate of the
proper county clerk, or county clerks as the case may be, showing that all
park district assessments due up to the time of presenting the petition are
fully paid. The corporate authorities may, in their discretion, disconnect
the territory from the park district by an ordinance passed by a majority
of the members of the governing board.
(Source: Laws 1957, p. 2271.)
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(70 ILCS 1205/3-6a) (from Ch. 105, par. 3-6a)
Sec. 3-6a.
Within one year of the organization of any park district under
the provisions of Article 2 of this Act, any territory which has been
included therein may be disconnected from such park district if the
territory sought to be disconnected is (1) upon the border, but within the
boundary of the park district, (2) contains 20 or more acres, (3) if
disconnected will not result in the isolation of any part of the park
district from the remainder of the park district, (4) if disconnected will
not be a territory wholly bounded by one or more park districts or wholly
bounded by one or more park districts and a river or lake, and (5) is
adjoining another park district, the board of which has on file a petition
for annexation of the territory pursuant to the provisions of Article 3-1
of this Act and has enacted an ordinance stating that the park district
will annex said territory within 30 days of the entry of an order of
disconnection by the Circuit Court, in the following manner:
A written petition filed in the Circuit
Court of the county in which the territory proposed to be disconnected is
located or if such territory is located in more than one county then in
the Circuit Court of the county in which the greater
part of such territory may be located, which petition shall be signed by
a majority of the electors, if any, residing within the territory, and also
signed by a majority of the owners of record of land in such territory,
and also representing a majority of
the area of land in such territory, shall be filed with the clerk of the
Circuit Court within one year of the organization of any park district
under the provisions of Article 2 of this Act. The petition shall set forth
the description of the territory to be detached from such park district,
shall allege the pertinent facts in support of the disconnection of such
territory, shall include a certified copy of an ordinance of the adjoining
park district with which has been filed a petition for the annexation of
the territory, stating that the park district will annex the
territory within 30 days after the entry of an order of disconnection by the Circuit
Court and shall pray the Circuit Court to detach
the territory from the park district.
Upon the filing of the petition, the Circuit Court judge shall set
the same for public hearing which date of public hearing shall be within 30 days of
the date of the filing of the petition, and the clerk of the Circuit Court
shall give at least 20 days notice of such hearing by publishing notice
thereof once in a newspaper having a general circulation within such park
district. The notice shall refer to the petition filed with the Circuit
Court, shall describe the territory proposed to be disconnected,
shall indicate the prayer of the petition and the date, time and place at which
the public hearing will be held and shall further indicate that the park
district and any and all persons residing in or owning property in the
territory involved or in the park district from which such territory is
sought to be disconnected shall have an opportunity to be heard on the
prayer of the petition. Notice of the filing of the petition, the substance
of which shall be as hereinabove prescribed for the published notice, shall
also be mailed to the commissioners of the park district from which the
territory is sought to be disconnected.
The public hearing may be continued from time to time by the Circuit
Court. After such public hearing and having heard any and
all persons desiring to be heard, including the park district and any and all persons
residing in or owning property in the territory involved or in the park
district from which such territory is sought to be disconnected, if the
Circuit Court finds that the allegations of the petition
are true, the court shall grant the prayer of the petition and
shall enter a judgment disconnecting the territory from
the park district, which judgment shall be filed of record in the Circuit Court and
the clerk of the Circuit
Court shall cause to be delivered a certified copy of such
judgment to the commissioners of the park district from
which such territory has been
detached. If the Circuit Court finds that the allegations
contained in the petition are not true then the court shall enter
a judgment dismissing the same.
(Source: P.A. 83-1362.)
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(70 ILCS 1205/3-6b) (from Ch. 105, par. 3-6b)
Sec. 3-6b.
The owner or owners of record of any area of land consisting of one
or more tracts located in a county or counties having a population of
less than 1,000,000 lying within the corporate limits of any park
district which (1) is not contiguous in whole or in part to any other
park district; (2) contains 20 or more acres; (3) is not subdivided into
municipal lots and blocks; (4) is located on the border of the park
district, (5) which, if disconnected will not result in the isolation of
any part of the park district from the remainder of the park district,
and (6) which, if disconnected will not result in reducing the assessed
valuation, as equalized or assessed by the Department of Revenue, of
all of the taxable property within the park
district to be ascertained by the last assessment for state and county
taxes prior to the filing of the petition, to less than $20,000,000, may
have the area disconnected as follows:
The owner or owners of record of any such area shall file a petition
in the circuit court of the county in which the land is situated,
alleging facts in support of the disconnection. If such area of land is
located in 2 or more counties, such petition shall be filed in the
circuit court of the county in which the largest portion of such area of
land is located. The park district from which disconnection is sought
shall be made a defendant and it or any taxpayer residing in the park
district may appear and defend against the petition. If the court finds
that the allegations of the petition are true, and that the area of land
is entitled to disconnection, it shall order the designated land
disconnected from the designated park district. Such petition shall be
filed within one year after the park district is organized.
This Section shall apply only to park districts which are organized
after the effective date of this amendatory Act.
(Source: P.A. 81-1509.)
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(70 ILCS 1205/3-6c) (from Ch. 105, par. 3-6c)
Sec. 3-6c.
Any territory which: (1) is within the corporate limits of a
municipality which, as an incident of its municipal government and under
the Illinois Municipal Code, is operating and maintaining a system of parks
consisting of 2 or more park areas within its corporate limits, and (2) is
also within the limits of a park district, 90% or more of the area of which
lies outside the boundaries of such municipality, and (3) was not annexed
to the municipality subsequent to the organization of the park district,
and (4) comprises all the area of the park district within the
municipality; may be disconnected from the park district.
Such disconnection shall be initiated by a written petition signed by a
majority of the owners of record of all land within the territory and the
owners of record of not less than 2/3 of the land contained within the
territory. The petition shall be filed with the clerk of the circuit court
of the county in which the municipality and park district are situated. The
circuit court shall thereupon fix a date and time not less than 30 days nor
more than 180 days after the date of filing of such petition for a public
hearing on the subject of the petition. Notice of the time and place of the
hearing shall be given by the clerk of the circuit court at least 20 days
prior to the date fixed for the hearing by at least one publication thereof
in one or more daily or weekly newspapers having a general circulation
within the park district.
If the circuit court finds upon such hearing that the petition meets the
requirements of this Section; that the territory to be disconnected
fulfills the conditions of this Section; it may enter an order of
disconnection ordering that the territory described in the petition be
disconnected from the park district. No disconnection of territory under
this Section shall be permitted if the park district has ownership of a
park located in the territory to be disconnected. All questions of
indebtedness and the tax obligations between the district and the territory
affected shall be adjusted in the manner provided for in Section 3-7 of
this Act.
(Source: P.A. 78-457.)
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(70 ILCS 1205/3-6d) (from Ch. 105, par. 3-6d)
Sec. 3-6d.
(a) This Section applies only in a park district located
in whole or in part within a county with a population of more than 250,000
but less than 1,000,000.
(b) A contiguous area of land containing one or more tracts may be
disconnected from the district if (1) the area contains 20 acres or more in
the aggregate, (2) the area is located on the border of the district, (3)
disconnection will not cause any part of the district to be isolated from
the rest of the district, and (4) the district has levied taxes in a total
amount of less than $10,000 for each of the 5 previous years.
(c) The owner or owners of record of the area must file a petition
in the circuit court of the county in which the land is situated
alleging facts in support of the disconnection. If the area is
located in 2 or more counties, the petition must be filed in the
circuit court of the county in which the largest portion of the area
is located. The district from which disconnection is sought
shall be made a defendant, and it or any taxpayer residing in the
district may appear and defend against the petition. If the court finds
that the allegations of the petition are true and that the area
is entitled to disconnection, it shall order the area
disconnected from the district.
(Source: P.A. 86-132.)
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(70 ILCS 1205/3-7) (from Ch. 105, par. 3-7)
Sec. 3-7.
The disconnection of any territory from a park district shall not
exempt it from taxation for the purpose of paying any indebtedness
contracted by the corporate authorities of the park district prior to the
filing of the petition for disconnection. On the contrary, the territory
shall be assessed and taxed to pay such indebtedness until this
indebtedness is completely paid, the same as though the territory had not
been disconnected. Except for this purpose, no county clerk shall include
disconnected territory within the limits of the park district from which
the territory has been disconnected.
(Source: Laws 1955, p. 252.)
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(70 ILCS 1205/3-8) (from Ch. 105, par. 3-8)
Sec. 3-8.
Annexation of surrounded territory.
Upon a written
petition, signed by a majority of the owners of record of land
in any contiguous territory not incorporated within a park district, wholly
bounded by 2 or more park districts, the specified territory may be annexed
by any one of the specified park districts by the passage of an ordinance
providing therefor. The ordinance shall describe the territory annexed,
which shall not exceed one-third of the area of the annexing park
district before the annexation. The park district to which the territory
is to be annexed shall send a copy of the proposed annexing
ordinance, by certified mail, at least 30 days before the annexing
ordinance takes effect, to the last known addresses, if any, ascertained
upon diligent search, of the owners of record of land in that
territory. A certified copy of the annexing ordinance and an accurate
map of the annexed territory shall be filed in the offices of the county
clerk and recorder of each county in which annexation takes place.
(Source: P.A. 87-368; 87-895.)
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(70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
Sec. 3-9.
Whenever any territory, containing 80 acres or less, not
incorporated within a park district is wholly bounded by one or
more park districts, or is wholly bounded by one or more park districts
and a river, lake, railroad or arterial street, such territory may be annexed
by any
park district by which it is bounded in whole or in part, by the passage
of an ordinance to that effect after notice is given as provided in this
Section The corporate authorities shall cause notice, stating that
annexation of the territory described in the notice is contemplated under
this Section, to be published once, in a newspaper published in the
annexing park district, or, if no newspaper is published in the annexing
park district, then in a newspaper with a general circulation within the
annexing park district not more than 45 nor less than 30 days before the
passage of the annexation ordinance. The ordinance shall describe the
territory annexed and a certified copy thereof together with an accurate
map of the annexed territory shall be filed in the offices of the County
Clerk and Recorder of each county in which said annexation takes place.
As used in this Section, "arterial street" means any U.S. or State numbered
route, controlled access highway, or other major radial or circumferential
street or highway designated by local authorities within their respective
jurisdictions as part of a major arterial system of streets or highways.
(Source: P.A. 90-89, eff. 1-1-98.)
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(70 ILCS 1205/3-10) (from Ch. 105, par. 3-10)
Sec. 3-10.
Whenever a Park District operating within territory
predominately in a city or village or 2 or more cities or villages would
become coterminous or nearly coterminous with such city or village or 2
or more cities or villages upon the annexation of additional territory
within such municipalities but not incorporated within a park district,
such Park District may annex such additional territory by the passage of
an ordinance to that effect. However, no territory may be annexed under
this Section more than one year after it has first been included in such
municipality unless such territory so annexed is 120 acres or less.
The ordinance shall describe the territory annexed and a certified copy
thereof together with an accurate map of the annexed territory shall be
filed in the offices of the county clerk and recorder of each county in
which the annexation takes place.
(Source: P.A. 87-368.)
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(70 ILCS 1205/3-10.1) (from Ch. 105, par. 3-10.1)
Sec. 3-10.1.
Territory which is not contiguous to a park district but
is separated therefrom only by a forest preserve district may be annexed to
the park district in the manner provided in Section 3-1, 3-2, 3-4 or 3-10,
but the territory of the forest preserve district shall not be annexed to
the park district nor shall the territory of the forest preserve district
be subject to rights-of-way for access or services between the parts of the
park district separated by the forest preserve district without the consent
of the governing body of the forest preserve district.
(Source: P.A. 85-157.)
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(70 ILCS 1205/3-11) (from Ch. 105, par. 3-11)
Sec. 3-11.
Any 2 or more contiguous park districts may be consolidated and
become a single park district in the manner following: The park commissioners
of each of the park districts desiring to consolidate shall adopt an ordinance
by a vote of not less than 2/3 of the commissioners of each district, which
ordinance shall duly set forth the intent of the park districts to
consolidate with the contiguous park district or districts as therein set
forth, shall designate the park district which shall be the survivor of the
consolidation, and shall designate the names of the commissioners thereof,
which commissioners shall, at the time of the consolidation be duly elected
and acting commissioners of the districts concerned in the consolidation. A
certified copy of said ordinances shall be filed in the office of the clerk
of the county, or counties, within which any part of the consolidated park
district shall be located.
Upon the adoption of the ordinances by the park districts concerned the
park district designated in the ordinances as the survivor of the
consolidation shall assume the functions previously performed by the park
districts and the surviving park district shall have the power and
authority to levy and collect such taxes at such rates as shall have been
previously authorized, levied and collected by the designated survivor
district.
All parks and other property owned by the districts adopting such
ordinances shall thereupon be vested in the newly consolidated park
district and the newly consolidated park district shall succeed to all of
the outstanding rights and obligations of the districts concerned.
(Source: P.A. 78-435.)
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(70 ILCS 1205/3-13) (from Ch. 105, par. 3-13)
Sec. 3-13.
If 2 park districts have a common boundary and more than
1/2 the population of each such park district consists of any one
municipality, then any property owner whose property is located within
the incorporated limits of a municipality, and in a park district more
than 1/2 the population of which consists of a different municipality,
may disconnect from the park district not representative of his
municipality and annex to the park district that is representative of
his municipality by filing a notice of such intention with the county
clerk as provided in this Section. A property owner may not file such
notice to disconnect and annex unless (a) his property is contiguous
with the boundary of the park district to which annexation is sought,
and (b) he personally resides upon the parcel which he proposes to have
disconnected, and the parcel which he proposes to disconnect is not more
than one acre in size and is used exclusively for residential purposes.
Any number of property owners may join in filing a single notice of
their intent to disconnect and annex all of their respective properties
under this Section if the property of every owner involved complies with
the requirements set forth in (a) above and borders on the property of
another owner who joins in the filing of such notice, and if the
property of at least one of the owners so filing is contiguous to the
boundary of the park district to which annexation is sought.
Copies of the notice of intention filed by the property owner shall
be forwarded by the county clerk to each park district involved in the
disconnection and annexation not more than 5 days following the date of
filing. The notice shall be subject to review by all interested parties
for 90 days from the date of filing. If any interested party objects to
such disconnection and annexation and the boards of the respective park
districts cannot agree, then the matter shall be determined by the
circuit court of the county in which the district from which
disconnection is sought is situated upon the petition of either district
or of any taxpayer in either municipality. The court shall hear and
determine the matter and shall enter judgment as the right and equity
of the matter may demand. If judgment is entered by the court a
certified copy of such judgment shall be made by the clerk of the court
and filed with the secretary of each of the park districts and with the
county clerks of the counties involved and by such county clerks
certified to the Department of Revenue. If the notice
of intention is found in compliance with this Section and no petition is
filed as herein provided the disconnection and annexation shall become
effective January 1 following the expiration of the 90 day period, and
shall be so recorded with the county clerk and recorder.
The disconnection of any property from a park district under this
Section shall not exempt such property from taxation for the purpose of
paying any bonded indebtedness incurred by such park district prior to
the effective date of the disconnection. Where any property is annexed
to a park district under this Section, such property shall be subject to
taxation for indebtedness incurred by such park district prior to the
effective date of the annexation.
(Source: P.A. 83-358.)
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(70 ILCS 1205/3-14) (from Ch. 105, par. 3-14)
Sec. 3-14.
Neither the People of the State of Illinois nor any person, firm
or corporation, public or private, nor any association of persons shall
commence an action contesting either directly or indirectly the annexation
of any territory to a park district unless initiated within one year after
the date such annexation becomes final or within one year of October 1,
1975, whichever date occurs later. This amendatory
Act of 1975 shall apply to annexations made prior to the effective date
of the Act as well as those made on or after the effective date. Where
a limitation of a shorter period is prescribed by statute such shorter limitation
applies.
(Source: P.A. 86-820.)
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(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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(70 ILCS 1205/Art. 5 heading) ARTICLE FIVE.
TAXING POWERS
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(70 ILCS 1205/5-1) (from Ch. 105, par. 5-1)
Sec. 5-1. Each Park District has the power to levy and collect taxes on
all the taxable property in the district for all corporate purposes. The
commissioners may accumulate funds for the purposes of building repairs and
improvements and may annually levy taxes for such purposes in excess of
current requirements for its other purposes but subject to the tax rate
limitation as herein provided.
All general taxes
proposed by the board to be levied upon the taxable
property within the district shall be levied by ordinance. A certified
copy of such levy ordinance shall be filed with the county clerk of the
county in which the same is to be collected not later than the last
Tuesday in December in each year. The county clerk shall extend
such tax; provided, the aggregate amount of taxes levied for any one year,
exclusive of the amount levied for the payment of the principal and
interest on bonded indebtedness of the district and taxes authorized by
special referenda, shall not exceed, except as otherwise provided in this
Section, the rate of .10%, or the rate
limitation in effect on July 1, 1967, whichever is greater, of the
value, as equalized or assessed by the Department of Revenue.
Notwithstanding any other provision of this Section, a
park
district board of a park district lying wholly within one county is
authorized to increase property taxes under this
Section for corporate purposes for any one year so long as the
increase is
offset by a like property tax levy reduction in one or more of the park
district's
funds.
At the time that such park district files its levy with the county clerk, it
shall also certify to the county clerk that the park district has complied with
and is authorized to act under this Section 5-1 of the Park District Code.
In no instance shall
the increase either
exceed or result in a reduction to the extension limitation to which any park
district is subject under
Section 18-195
of the Property Tax Code.
Notwithstanding any provision of this Section to the contrary, if a park district is subject to Section 18-195 of the Property Tax Code and does not levy the tax authorized by Section 5-3, then it may increase the property tax levy under this Section for corporate purposes to a total rate not to exceed the total of rates authorized by this Section and Section 5-3 as long as the increase is offset by a like property tax levy reduction in one or more of the park district's funds. In no instance shall the increase for corporate purposes cause the park district to exceed the limiting rate that the park district is subject to under Section 18-195 of the Property Tax Code. Any funds on hand at the end of the fiscal year that are not pledged for or
allocated to a particular purpose may, by action of the board of commissioners,
be transferred to a capital improvement fund and accumulated therein, but
the total amount accumulated in the fund may not exceed 1.5% of the aggregate
assessed valuation of all taxable property in the park district.
The foregoing limitations upon tax rates may be decreased under the referendum provisions of the General Revenue Law of
the State of Illinois.
(Source: P.A. 97-974, eff. 8-17-12.)
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(70 ILCS 1205/5-2) (from Ch. 105, par. 5-2)
Sec. 5-2.
Any park district may levy and collect annually, a tax of not to
exceed .12% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property in such district for
the purpose of planning, establishing and maintaining recreational
programs, such programs to include playgrounds, community and
recreational centers, which tax shall be levied and collected in like
manner as the general taxes for such district. Such tax shall be in
addition to all other taxes authorized by law to be levied and collected
in such district and shall not be included within any limitation of rate
contained in this Code or any other law, but shall be excluded therefrom
and be in addition thereto and in excess thereof.
The proceeds of the tax authorized by this Section shall be paid to
the treasurer of such district and kept in a fund to be known as the
recreational program fund. Such fund shall be used for the planning,
establishing and maintaining recreational programs carried on by such
district.
No such tax in excess of .075% shall be levied in any such district,
until the question of levying such tax has first been submitted to the
voters of such district at an election held in such
district and has been approved by a majority of such voters voting
thereon. The board shall certify such proposition to the proper election
officials, who shall submit such proposition to the voters of the
district regardless of whether or not a petition, signed by electors of
the district, requesting the submission thereof has been filed with the
board. Notice of such referendum shall be given and such referendum shall be
conducted in the manner provided by the general election law.
The proposition shall be in substantially the
following form:
Shall the.... Park Districtbe authorized and empowered tolevy and collect a tax of.... YESper cent for the purpose ofrecreational programs (and,optionally, insert specific purposes or programs asdetermined by the park districtboard) as provided in Section NO5-2 of "The Park District Code"?
If a majority of the voters of such district voting thereon
shall vote for the levy and collection of the tax, such
district is authorized and empowered to levy and collect such tax
annually thereafter. Any tax previously authorized by referendum for
recreation and community centers under "An Act to amend Section 8 of An
Act to provide for the creation of Pleasure Driveway and Park Districts,
approved June 19, 1893, as amended and to add Sections 8a, 8b, 8c, and
8d thereto", approved February 27, 1935, as amended, shall continue to
be levied and shall be treated as having been authorized under this
Section.
Notwithstanding any provision of this Section to the contrary, if a park district is subject to Section 18-195 of the Property Tax Code and does not levy the tax authorized by Section 5-3a, then it may increase the property tax levy under this Section for the purpose of planning, establishing, and maintaining recreational programs carried on by the district to a total rate not to exceed the total of rates authorized by this Section and Section 5-3a as long as the increase is offset by a like property tax levy reduction in one or more of the park district's funds. In no instance shall the increase for the purpose of planning, establishing, and maintaining recreation programs cause the park district to exceed the limiting rate that the park district is subject to under Section 18-195 of the Property Tax Code. The foregoing limitations upon tax rates may be
decreased under the referendum provisions of the General Revenue Law of
the State of Illinois.
(Source: P.A. 97-974, eff. 8-17-12.)
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(70 ILCS 1205/5-2a) (from Ch. 105, par. 5-2a)
Sec. 5-2a.
Whenever a Park District contains within the boundaries of the
district, the greater portion of the area of a city, village or
incorporated town, the population of which city, village or incorporated
town constitutes a majority of the population of the Park District, and
which city, village or incorporated town levies and collects a tax for
recreation purposes under the provisions of Division 95 of Article 11 of
the Illinois Municipal Code, the functions of the Playground and Recreation
Commission may be merged with, and assumed by, the Park District in the
following manner:
The Park Commissioners shall adopt an ordinance, by a vote of not
less than 2/3 of the commissioners, which ordinance shall set forth the
intent of the Park District to assume the planning, establishing and
maintaining of the municipal recreation program within the boundaries of
the Park District, and to levy and collect a tax at a rate not to exceed
that levied by the city, village, or incorporated town, which rate shall
not exceed .09% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the district for
such purposes. Then the Secretary of the Park District shall mail a
certified copy of the ordinance to the city, village or incorporated
town. In the event the governing board of the city, village or
incorporated town sees fit, they may adopt an ordinance, by a vote of
not less than 2/3 of the members, which ordinance shall set forth that
the city, village or incorporated town relinquishes all control and
management of the planning, establishing and maintaining of the
municipal recreation program within its boundaries to the Park District
and relinquishes its tax levy for recreation purposes.
Upon the adoption of the ordinance by the city, village or
incorporated town, and 6 months from the date of adoption of the
ordinance, the Park District shall assume the functions previously
performed by the city, village or incorporated town through its
playground and recreation commission, or other board or commission
designated by the city, village or incorporated town; whereupon the Park
District shall have the power and authority to levy and collect a tax of
not to exceed that rate previously levied by the city, village or
incorporated town for recreational purposes, the rate of tax not to
exceed .09% of the value as equalized or assessed by the Department of
Revenue, of all taxable property in the district for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers. The tax shall be levied and collected in like manner as the
general taxes for the district. The tax to be levied under this Section
shall be in addition to all other taxes authorized by law to be levied
and collected in such district and shall not be included within any
limitation of rate contained in this Code or any other law, but shall be
excluded therefrom and be in addition thereto and in excess thereof. A
Pleasure Driveway and Park District that before 1964 assumed the functions
of a municipal Playground and Recreation Commission and has continuously
performed those functions may levy and collect the tax authorized by this
Section at a rate not to exceed 0.09% and shall not be limited to the rate
previously levied by the city, village, or incorporated town for recreational
purposes.
The city, village or incorporated town shall thereupon, 6 months from
the date of adoption of the ordinance, turn over to the Park District
any and all funds and tax monies in its possession on the date upon
which funds were received by it from the "Playground and Recreation Tax"
and shall from time to time thereafter turn over to the Park District
all such funds and tax monies as shall be received from levies adopted
prior to the effective date of the merger. At such time as these funds
shall be received by it, the funds are to be paid to the treasurer of
the Park District and kept in a fund to be known as the "Recreational
Program Fund" pursuant to the provisions of Section 5-2.
(Source: P.A. 86-1037.)
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(70 ILCS 1205/5-2b) (from Ch. 105, par. 5-2b)
Sec. 5-2b.
Whenever the greater portion of the area of a city, village or
incorporated town lies wholly within the boundaries of a single Park
District, the population of which city, village or incorporated town,
constitutes a majority of the population of the Park District, and which
city, village or incorporated town levies and collects a tax for
recreation purposes under the provisions of Division 95 of Article 11 of
the "Illinois Municipal Code", as now or hereafter amended, the
functions of the Playground and Recreation Commission may be merged with
and relinquished to the Park District in the following manner: The
governing board of the city, village or incorporated town shall adopt an
ordinance by a vote of not less than 2/3 of the members, which ordinance
shall set forth the intent and desire of the city, village or
incorporated town to relinquish and turn over to the Park District the
function of planning, establishing and maintaining of the municipal
recreation program within the boundaries of the city, village or
incorporated town and to relinquish all powers which it may have to levy
and collect a tax known as "The Playground and Recreation Tax"; that
thereupon the clerk of such city, village or incorporated town shall
mail a certified copy of the ordinance to the Park District. In the
event the Park Commissioners of the Park District see fit, they may
adopt an ordinance, by a vote of not less than 2/3 of the members, which
ordinance shall provide that the Park District assumes the planning,
establishing and maintaining of the municipal recreation program within
the boundaries of the city and the Park District together with its
intent to levy and collect a tax at a rate not to exceed that levied by
the city, village or incorporated town and which tax shall not exceed
.09% of the value as equalized or assessed by the Department of Revenue,
of all taxable property in such District for the
purpose of planning, establishing and maintaining recreational programs,
such programs to include playgrounds, community and recreation centers.
Upon the adoption of such ordinance by the Park District and 6 months
from the date of adoption of such ordinance, the Park District shall
assume the functions previously performed by the city, village or
incorporated town through its playground and recreation commission, or
other board or commission designated by the city, village or
incorporated town, whereupon the Park District shall have the power and
authority to levy and collect a tax of not to exceed that rate
previously levied by the city, village or incorporated town for
recreation purposes, such rate of tax not to exceed .09% of the value as
equalized or assessed by the Department of Revenue, of
all taxable property in such district for the purpose of planning,
establishing and maintaining recreation programs, such programs to
include playgrounds, community and recreation centers and which tax
shall be levied and collected in like manner as the general taxes for
the District. The tax to be levied under this Section shall be in
addition to all other taxes authorized by law to be levied and collected
in such district and shall not be included within any limitation of rate
contained in this Code or any other law, but shall be excluded therefrom
and be in addition thereto and in excess thereof. Whenever the tax
levied under this Section shall be levied in addition to the tax levied
under Section 5-2 of "The Park District Code", such tax levied under
this Section shall be levied and extended only upon that property
located within the boundaries of the city, village or incorporated town,
which lies within the boundaries of the park district.
The city, village or incorporated town shall thereupon, 6 months from
the date of adoption of the ordinance, turn over to the Park District
all funds and tax monies in its possession on that date, which funds
were received by it from the "Playground and Recreation Tax", and shall
from time to time thereafter turn over to the Park District all such
funds and tax monies received from levies adopted prior to the effective
date of the merger, and at such time as the same shall be received by
it, the funds to be paid to the treasurer of the Park District and kept
in a fund to be known as the "Recreational Program Fund" pursuant to the
provisions of Section 5-2.
(Source: P.A. 81-1509.)
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(70 ILCS 1205/5-2c)
Sec. 5-2c.
(Repealed).
(Source: P.A. 88-537. Repealed by internal repealer, eff. 1-1-96.)
|
(70 ILCS 1205/5-2d)
Sec. 5-2d.
(Repealed).
(Source: P.A. 89-536, eff. 7-19-96. Repealed internally, eff. 1-1-98.)
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(70 ILCS 1205/5-3) (from Ch. 105, par. 5-3)
Sec. 5-3.
Any park district may levy and collect annually an
additional tax of not to exceed .25% of the value as equalized or
assessed by the Department of Revenue of all taxable
property in such district for all corporate purposes, which tax shall be
levied and collected in like manner as the general taxes for such
district. Such tax shall be in addition to all other taxes authorized by
law to be levied and collected by such district and shall not be
included within any limitation of rate contained in this code or any
other law, but shall be excluded therefrom and be in addition thereto
and in excess thereof.
No such tax shall be levied in any such district until the question
of levying such tax has first been submitted to the voters of such
district at an election held in such district, and
has been approved by a majority of such voters voting thereon. Notice of
the referendum shall be given and such election shall be conducted in the
manner provided by the general election law.
The proposition shall be in substantially the
following form:
Shall.... Park Districtbe authorized to levy and YEScollect an additional tax ofnot to exceed .25% for allcorporate purposes (and,optionally, insert specific purposes or programs asdetermined by the parkdistrict board) as provided NOin Section 5-3 of "The ParkDistrict Code"?
If a majority of the voters of such district voting thereon shall vote
for the levy and collection of the tax, such
district shall be authorized and empowered to levy and collect such tax.
(Source: P.A. 93-434, eff. 8-5-03.)
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(70 ILCS 1205/5-3a) (from Ch. 105, par. 5-3a)
Sec. 5-3a.
Any park district may levy and collect annually an
additional tax of not to exceed 0.25% of the value as equalized or
assessed by the Department of Revenue of all taxable
property in such district for the purpose of planning, establishing and
maintaining recreational programs carried on by such district, which tax
shall be levied and collected in like manner as the general taxes for
such district. Such tax shall be in addition to all other taxes
authorized by law to be levied and collected by such district and shall
not be included within any limitation of rate contained in this Code or
any other law, but shall be excluded therefrom in addition thereto and
in excess thereof.
No such tax shall be levied in any such district, nor the rate of such
tax be increased, until the question
of levying or increasing such tax has first been submitted to the voters of
such
district at an election held in such district, and
has been approved by a majority of such voters voting thereon. Notice
of referendum shall be given and such referendum
shall be conducted in the manner provided by the general election law.
The proposition shall be in substantially the
following form:
Shall....... Park District beauthorized to levy and collectan additional tax of (insert YESpercentage)% for the purposeof recreational programs (and, optionally insert specificpurposes or programs as determined NOby the park district board) asprovided in "The Park DistrictCode"?
(Source: P.A. 93-434, eff. 8-5-03.)
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(70 ILCS 1205/5-4) (from Ch. 105, par. 5-4)
Sec. 5-4.
When a park district lies in 2 or more counties, the board shall
ascertain the total amount of all taxable property situated within the
district in each county as the property is equalized or assessed by the
Department of Revenue for the current year and shall
certify the amount of taxable property in each county within the
district to the county clerk of the county wherein the greater portion
of the district, in area, lies. That county clerk shall ascertain the
rate per cent which, upon the total valuation of all property subject to
taxation within the district, will produce a net amount not less than
the total amount directed to be levied. As soon as such rate per cent is
ascertained, that clerk shall certify the rate per cent to the county
clerks of each other county wherein a portion of the district is
situated. The county clerks of the respective counties shall then extend
the tax in a separate column upon the books of the collector of state
and county taxes for his county against all taxable property in his
county situated within the limits of the park district.
(Source: P.A. 81-1509.)
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(70 ILCS 1205/5-5) (from Ch. 105, par. 5-5)
Sec. 5-5.
Any tax authorized by referendum by any park district prior to
the enactment of this amendment shall not be affected or abrogated hereby,
and the district may continue to levy and collect the same as heretofore.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/5-6) (from Ch. 105, par. 5-6)
Sec. 5-6.
Any park district may levy and collect annually, a tax of not
to exceed .005% of the value, as equalized or assessed by the Department of
Revenue, of all taxable property in the district for
the purpose of constructing, maintaining, and lighting streets and
roadways within the parks and playgrounds maintained by the district.
The tax shall be levied and collected in the same manner as the general
taxes for the district. This tax shall be in addition to all other
taxes authorized by law to be levied and collected in the district and
shall not be included within any limitation of rate contained in this
code or any other law, but shall be excluded therefrom, in addition
thereto, and in excess thereof.
The proceeds of the tax authorized by this Section shall be paid to
the treasurer of the district and kept in a fund to be known as the
paving and lighting fund. The fund shall be used for the planning,
construction and maintaining of streets, roadways and other paved areas
and the lighting thereof within the parks maintained within the district.
Prior to levy and collection of such tax, the park districts shall
adopt a resolution that it shall levy and collect such tax, and, within
15 days after adopting the resolution, it shall be published once in a
newspaper published and having a general circulation in the park
district, or, if there is no such newspaper, then in some newspaper
having a general circulation in the county wherein such district or the
greater or greatest portion in area of said district lies, or, if there
be no such newspaper, copies of the ordinance shall be posted in at
least three public places in the district.
The publication or posting of the resolution shall include a notice of (1)
the specific number of voters required to sign a petition requesting that
the question of the adoption of the resolution be submitted to the electors
of the district; (2) the time in which the petition must be filed; and (3)
the date of the prospective referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If within this 30 day period a petition is filed, signed by electors of
the district numbering 10% or more of the registered voters of the
district, asking that the question of levying and collecting such tax be
submitted to the electors of the district, the board shall certify the
question to the proper election officials, who shall submit that question
at an election in which all the electors of the district may vote. If no
such valid petition is filed with the secretary of the district within 30
days after the publication or posting of the resolution, then the park
district shall be authorized to levy and collect such tax. Notice of such
referendum shall be given and such referendum shall be conducted in the
manner provided by the general election law.
The proposition shall be in substantially the
following form:
Shall the.... Park District be authorized andempowered to levy and collect a tax of.... YESper cent for the purpose of paving and lighting programs as provided in Section 5-6 of "The NOPark District Code"?
If a majority of the voters of such district voting thereon
vote for the levy and collection of the tax provided for, such
district shall be authorized and empowered to levy and collect such tax
annually thereafter. The foregoing limitations upon tax rates may be
increased or decreased according to the referendum provisions of the
General Revenue Law of the State of Illinois.
(Source: P.A. 87-767.)
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(70 ILCS 1205/5-7) (from Ch. 105, par. 5-7)
Sec. 5-7.
Tax for operation and maintenance of
conservatory - Referendum.
Any park district may levy and collect annually, a tax of not to
exceed .05% of the value, as equalized or assessed by the Department of
Revenue of all taxable property in the district for
the purpose of establishing, acquiring, completing, enlarging,
ornamenting, building, rebuilding, improving, operating, maintaining and
caring for a conservatory on park district property, and for the purpose
of ecological and horticultural programming, which tax shall be levied
and collected in like manner as the general taxes for such district.
Such tax shall be in addition to all other taxes authorized by law to be
levied and collected in such district and shall not be included within
any limitation of rate contained in this code or any other law, but
shall be excluded therefrom and be in addition thereto in excess
thereof.
The proceeds of the tax authorized by this Section shall be paid to
the treasurer of the district and kept in a fund to be known as The
Conservatory Fund. Such fund shall be used for establishing, acquiring,
completing, enlarging, ornamenting, building, rebuilding, improving,
operating, maintaining and caring for such conservatory, and for the
purpose of ecological and horticultural programming, within the
district.
No such tax shall be levied in any such district until the question
of levying such tax has first been submitted to the voters of the
district at an election held in the district and has
been approved by a majority of the voters voting on the question. The
board shall certify such question to the proper election officials, who
shall submit such proposition to the voters of the district
regardless of whether a petition, signed by electors of the district,
requesting the submission thereof has been filed with the board. Notice
of such referendum shall be given and such referendum shall be conducted in
the manner provided by the general election law.
The proposition shall be in substantially the
following form:
Shall the.... Park District be authorizedand empowered to levy and collect a tax of YES.... per cent for the purpose of operating and maintaining a conservatory as provided in NOSection 5-7 of "The Park District Code"?
If a majority of the voters of such district voting on the
proposition vote for the levy and collection of the tax, the district
may levy and collect such tax annually thereafter.
(Source: P.A. 81-1489; 81-1509.)
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(70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)
Sec. 5-8.
Any park district that is a party to a joint agreement to
provide recreational programs for persons with disabilities under Section 8-10b of
this Code may levy and collect annually a tax of not to exceed .04% of
the value, as equalized or assessed by the Department of Revenue of all
taxable property in the district for the
purpose of funding the district's share of the expenses of providing
these programs under that joint agreement, which tax shall be levied and
collected in like manner as the general taxes for the district. Such
tax shall be in addition to all other taxes authorized by law to be
levied and collected in the district and shall not be included within
any limitation of rate contained in this Code or any other law, but
shall be excluded therefrom, in addition thereto and in excess thereof.
However, no tax may be levied pursuant to this Section in any area in
which a tax is levied under Section 11-95-14 of the Illinois Municipal Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(70 ILCS 1205/5-9) (from Ch. 105, par. 5-9)
Sec. 5-9.
Any park district may levy and collect annually, a tax of not
to exceed .025 per cent of the value, as equalized or assessed by the
Department of Revenue of all taxable property in the
district for the purpose of organizing and maintaining a police system, for implementing and maintaining public safety and security measures, or both
within the parks and playgrounds maintained by the district.
The tax shall be levied and collected in the same manner
as the general taxes for the district. This tax
shall be in addition to all other taxes authorized by law to be levied and
collected in the district and shall not be included within
any limitation of rate contained in this Code or any other law, but shall
be excluded therefrom and be in addition thereto and in excess thereof.
The proceeds of the tax authorized by this Section shall be paid to
the treasurer of the district and kept in a fund to be known as the
police and public safety and security fund. This fund shall be used for the organization and
maintaining of a police system including the hiring of a regular
policeman or police force for the purpose of policing the parks and
playgrounds maintained within the district or for public safety and security measures.
Prior to levy and collection of such tax, the park districts shall
adopt a resolution that it shall levy and collect such tax, and, within
15 days after adopting the resolution, it shall be published once in a
newspaper published and having a general circulation in the park
district, or, if there is no such newspaper, then in some newspaper
having a general circulation in the county wherein such district or the
greater or greatest portion in area of said district lies, or, if there
be no such newspaper, copies of the ordinance shall be posted in at
least three public places in the district. The publication or posting of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the district; (2) the time
in which the petition must be filed; and (3) the date of the prospective referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If within this 30 day period a petition is filed, signed by electors of
the district numbering 10% or more of the registered voters of the
district, asking that the question of levying and collecting such tax be
submitted to the electors of the district, the board shall certify the
question to the proper election officials, who shall submit that question
at an election in which all the electors of the district may vote. If no
such valid petition is filed with the secretary of the district within 30
days after the publication or posting of the resolution, then the park
district shall be authorized to levy and collect such tax. Notice of such
referendum shall be given and such referendum shall be conducted in the
manner provided by the general election law.
The proposition shall be in substantially the following form:
Shall the.... Park District be authorizedand empowered to levy and collect a tax of YES.... per cent for the purpose of police programs, public safety and security measures, NOor both as provided in Section 5-9 ofthe Park District Code?
If a majority of the voters of such district voting thereon
vote for the levy and collection of the tax provided for, such
district shall be authorized and empowered to levy and collect such tax
annually thereafter for a police system, public safety and security measures, or both. If the park district has police officers, the police officers must complete the training program
established under the Illinois Police Training Act. The foregoing
limitations upon tax rates may be increased or decreased according to
the referendum provisions of the General Revenue Law of the State of
Illinois.
If a majority of voters of a park district have approved a proposition under this Section for "police programs" prior to the effective date of this amendatory Act of the 103rd General Assembly, the levy approved may also be used for public safety and security measures. As used in this Section, "public safety and security measures" includes, but is not limited to, security personnel, special-events staff, safety audits, safety drills, active-shooter training or similar training, and security improvements or safety-related upgrades to buildings, grounds, or other facilities, such as security lighting, video cameras, metal detectors, and emergency call boxes. (Source: P.A. 103-235, eff. 6-30-23.)
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(70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)
Sec. 5-10.
Whenever, as a result of any lawful order of any agency,
other than a park district board, having authority to enforce any law or
regulation designed for the protection, health or safety of employees or
visitors, or any law or regulation for the protection and safety of the
environment, pursuant to the "Environmental Protection Act", any local park
district, is required to alter or repair any physical facilities,
or whenever after the effective date of this
amendatory Act of 1985 any such district
determines that it is necessary for health and
safety, environmental protection, accessibility or energy
conservation purposes that any physical facilities be altered or repaired,
such district may, by proper resolution which
specifically identifies the project and which is adopted pursuant to the
provisions of the Open Meetings Act and upon the approval of a proposition
by a majority of the electors voting thereon specifying the rate, levy a
tax for the purpose of paying
such alterations or repairs, or survey by a licensed architect
or engineer, upon the equalized assessed value of all the taxable property
of the district at the specified rate not to exceed .10% per year for a period
sufficient to finance such alterations or repairs, upon the following conditions:
(a) When in the judgment of the local park district board of
commissioners there are not sufficient funds available in the operations,
building and maintenance fund of the district to pay for such
alterations or repairs so ordered or determined as necessary.
(b) When a certified estimate of a licensed architect or engineer
stating the estimated amount of not less than $25,000 that is necessary to
make the alterations or repairs so ordered or determined as necessary has
been secured by the local park district.
The filing of a certified copy of the resolution or ordinance levying the
tax shall be the authority of the county clerk or clerks to extend such
tax; provided, that in no event shall the extension of such tax for the
current and preceding years, if any, under this Section be greater than the
amount so approved, and in the event such current extension and preceding
extensions exceed such approval and interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any park district
levying a tax under the authority of this Section is located, in reducing
raised levies, shall not consider any such tax as a part of the general
levy for park district purposes and shall not include the same in the
limitation of any other tax rate which may be extended. Such tax shall be
levied and collected in like manner as all other taxes of park districts.
The proposition to impose a tax under this Section may be initiated by
resolution of the local park district board and shall be certified by the
secretary of the local park district board to the proper election
authorities for submission in accordance with the general election law.
(Source: P.A. 99-143, eff. 7-27-15.)
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(70 ILCS 1205/Art. 6 heading) ARTICLE SIX.
GENERAL INDEBTEDNESS
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(70 ILCS 1205/6-1) (from Ch. 105, par. 6-1)
Sec. 6-1.
Neither this code nor anything contained herein shall be deemed
to preclude any park district from exercising the powers available to park
districts for issuance of refunding bonds as set forth in an act entitled
"An Act authorizing any park district to issue refunding bonds and to
provide for the levy of taxes for the payment thereof", approved August 15,
1941. The power to issue such bonds and the method of procedure therefor
described in said Act is hereby specifically reserved to and granted all
park districts.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/6-2) (from Ch. 105, par. 6-2)
Sec. 6-2.
For the payment of land condemned or purchased for parks
or boulevards, for the building, maintaining, improving and protecting
of the same and for the payment of the expenses incident thereto, or for
the acquisition of real estate and lands to be used as a site for an
armory, or for the refunding of its bonds which are payable solely from
the revenues derived from the operation of any of its facilities, any
park district is authorized to issue the bonds or notes of
such park district and pledge its property and credit therefor to an
amount including existing principal indebtedness of such district so that the
aggregate principal indebtedness of such district does not exceed 2.875% of the
value of the taxable property therein, to be ascertained by the last
assessment for state and county taxes previous to the issue from time to
time of such bonds or notes, unless a petition, signed by voters in number
equal to not less than 2% of the voters of the district, who voted at the
last general election in the district, asking that the authorized aggregate
principal indebtedness of the district be increased to not more than 5.75%
of the value of the taxable property therein, is presented to the board and
such increase is approved by the voters of the district at a referendum
held on the question, in which case such aggregate principal indebtedness
may not exceed 5.75% of the value of the taxable property in the district.
Notice of the referendum shall be given and the referendum conducted in the
manner provided by the general election law. Bonds for airport purposes
issued by a park district under Section 9-2b, up to $15,000,000 in bonds issued by the Carol Stream Park District approved by referendum at the February 2, 2010 general primary election, and up to $13,000,000 in bonds issued by the Midlothian Park District approved by referendum at the March 20, 2018 general primary election are not subject to the
percentage limitations imposed by, and shall not be considered
as part of the existing principal indebtedness of that district for the
purposes of, this Section or any other applicable statutory debt limitation.
(Source: P.A. 100-1125, eff. 11-28-18.)
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(70 ILCS 1205/6-3) (from Ch. 105, par. 6-3)
Sec. 6-3.
The question as to the increase of the authorized aggregate
principal indebtedness of a park district under Section 6-2 hereof shall be
submitted to the voters of the district at the next regular election in
accordance with the general election law. The proposition as
to the increase of the authorized aggregate principal indebtedness
shall be in substantially the following form:
Shall the authorized aggregateprincipal indebtedness of the.... YESPark District (naming it) be increased to not more than.... per centum of the NOvalue of the taxable property therein?
If a majority of the votes cast upon the proposition are in the
affirmative, the increase of the authorized aggregate principal
indebtedness shall be deemed approved.
(Source: P.A. 86-494.)
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(70 ILCS 1205/6-4) (from Ch. 105, par. 6-4)
Sec. 6-4. The issue of bonds or notes by any park district shall be
authorized by ordinance, and a copy of that ordinance properly certified
by the secretary shall be filed in the office of the clerk in each of
the counties wherein such district lies. Except as otherwise provided
in this Section, bonds and notes the aggregate outstanding unpaid
principal balance of which exceeds 0.575% of the total assessed valuation
of all taxable property in the district may not be issued by any park
district, until the proposition to issue the same has been certified by the
secretary to the proper election officials who shall submit the proposition
at an election in accordance with the general election law. Notice of the
referendum shall be given and the referendum shall be conducted in the
manner provided by the general election law.
Submission of any proposition of issuing bonds or notes shall be
authorized by resolution to be adopted by the board which shall designate the
election at which the proposition is to be submitted and designate the amount
of bonds and purpose for which the bonds are to be issued.
Any proposition to issue bonds shall be in substantially the following form:
Shall bonds or notes of the..... Park District (name it) to YESthe amount of..... Dollars($.....) be issued for the purpose of.....? (Here insertany one or more of the NOpurposes authorized inSection 6-2 hereof)
This Section shall not be construed to require a referendum for bonds
issued under Section 9-2b nor for bonds to refund any maturing bond
issues as provided in the Park District Refunding Bond Act, or to refund any judgment indebtedness including
any unpaid public benefits and amounts assessed against any park district,
whether due or not due under Division 2 of Article 9 of the Illinois
Municipal Code, but bonds may be issued for such purposes without referendum.
Bonds heretofore or hereafter issued and outstanding that are approved by
referendum, refunding bonds issued under the Park District Refunding Bond Act (70 ILCS 1270/) that refund or continue to refund bonds approved by referendum, bonds issued under this Section that have been paid in full or for
which
provisions for payment have been made by an irrevocable deposit of funds in an
amount
sufficient to pay the principal and interest on those bonds to their respective
maturity
date, non-referendum bonds issued under any other provision of this Act, promissory notes or similar debt instruments issued under Section 6-7, and
bonded
indebtedness assumed from another park district do not limit in any way the
right of a
park district to issue non-referendum bonds in accordance with this Section.
This Section shall not be construed to permit issuance of bonds for the
purpose of refunding revenue bonds as provided in Section 6-2 until the
proposition to issue the same has been submitted as herein provided at an
election in accordance with the general election law.
(Source: P.A. 98-906, eff. 8-15-14.)
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(70 ILCS 1205/6-5) (from Ch. 105, par. 6-5)
Sec. 6-5.
Such bonds or notes of a park district shall be issued when
authorized under
Sections 6-2, 6-3 or 6-4, hereof in the name of the district, signed by the
president and secretary, and countersigned by the treasurer, with the seal
of said district affixed. They 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 semiannually and the principal shall be
payable at such time and place as may be determined by the board, not
exceeding 25 years from their date. The board of such district may sell
such bonds in any manner it deems for the best interests of the district,
at not less than par, and the proceeds thereof shall be used exclusively
for the purpose in this code authorized.
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. 96-321, eff. 8-11-09.)
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(70 ILCS 1205/6-6) (from Ch. 105, par. 6-6)
Sec. 6-6.
All park districts, at or before the time of issuance of bonds or
notes,
shall provide for the levy of taxes, in addition to all other taxes,
sufficient to pay the principal of and interest upon said bonds or notes as the
same
becomes due, and shall file a certified copy of the ordinance or ordinances
providing for the levy of said taxes with the county clerk of the county in
which the district is located. Where said district lies in more than one
county, said tax shall be certified, apportioned and levied as provided in
Section 5-4 hereof.
(Source: P.A. 79-434.)
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(70 ILCS 1205/6-7) Sec. 6-7. Borrowing from financial institutions. The board may borrow money for any corporate purpose from any bank or other financial institution provided such money shall be repaid within 2 years from the time the money is borrowed. The president and secretary shall execute a promissory note or similar debt instrument to evidence the indebtedness incurred by the borrowing. The obligation to make the payments due under the promissory note or other debt instrument shall be a lawful direct general obligation of the park district payable from the general funds of that district and such other sources of payment as are otherwise lawfully available. The promissory note or other debt instrument shall be authorized by an ordinance passed by the board and shall be valid whether or not an appropriation with respect to that ordinance is included in any annual or supplemental appropriation adopted by the board. The indebtedness incurred under this Section, when aggregated with the existing indebtedness of the park district, may not exceed any debt limitation otherwise provided for by law. "Financial institution" means any bank subject to the Illinois Banking Act, any savings and loan association subject to the Illinois Savings and Loan Act of 1985, any savings bank subject to the Savings Bank Act, any credit union subject to the Illinois Credit Union Act, and any federally chartered commercial bank, savings and loan association, savings bank, or credit union organized and operated in this State pursuant to the laws of the United States.
(Source: P.A. 98-906, eff. 8-15-14.) |
(70 ILCS 1205/Art. 7 heading) ARTICLE SEVEN.
LOCAL IMPROVEMENTS
|
(70 ILCS 1205/7-1) (from Ch. 105, par. 7-1)
Sec. 7-1.
All park districts shall retain and be vested with all power and
authority contained in an act entitled "An Act to enable park commissioners
or corporate authorities to take, regulate, control and improve public
streets leading to public parks; to pay for the improvement thereof, and in
that behalf to make and collect a special assessment or special tax on
contiguous property," approved April 9, 1879, and "An Act to enable park
commissioners to condemn land in certain cases for the purpose of making
streets selected and taken for boulevards of uniform width and to provide
for the payment of the same", approved June 14, 1887.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/7-2) (from Ch. 105, par. 7-2)
Sec. 7-2.
Power is hereby conferred upon any park district to acquire, lay
out, extend, maintain, and improve pleasure driveways and boulevards and to
acquire and improve any and all real estate, lands, riparian estates or
rights, and all other property acquired or needed for any such park,
boulevard, or driveway or for extending, adorning, or maintaining the same
if such land is located within such park district, under the provisions of
Article 9 of the Illinois Municipal Code, as heretofore and hereafter
amended. The Board shall, by resolution, designate the Local Improvement
Act under which it elects to proceed. The same provision shall apply to the
collections of the assessments by installments and for the issuing of bonds
and vouchers therefor as are provided in case of special assessments of
cities and villages in said Article 9 of the Illinois Municipal Code,
except as limited by Sections 7-3 to 7-5 hereof.
(Source: Laws 1961, p. 1398.)
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(70 ILCS 1205/7-3) (from Ch. 105, par. 7-3)
Sec. 7-3.
In the making of any local improvements by a park district and
except as in this section otherwise provided, the powers and duties
provided to be exercised and performed by the respective officers of cities
and villages under Article 9 of the Illinois Municipal Code, as heretofore
and hereafter amended shall be exercised and performed by the
corresponding officers of such park districts, insofar as action by any
such officers is required under the form of local improvement proceeding
the board elects to adopt for the improvement. The board of such district
shall act as the Board of Local Improvements. The superintendent of such
park district or such other official or person as the board may designate
shall act as Superintendent of Special Assessments. The engineer employed
by the board to prepare the plans and specifications for the improvements
shall be the "engineer," or if no such person be employed, then any
qualified engineer designated by the board may so act. The attorney for
said park district shall (unless a special attorney be employed by the
board for such purpose) be the attorney for said Board of Local
Improvements.
The members of said board of local improvements shall act as such
without compensation, and the secretary shall be ex-officio secretary of
said board of local improvements and the treasurer shall perform the duties
of collector of said special assessment and shall be custodian of such
funds which shall be expended only for the improvement for which said
assessment is levied.
(Source: Laws 1961, p. 1398.)
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(70 ILCS 1205/7-4) (from Ch. 105, par. 7-4)
Sec. 7-4.
The word "improvement" as used in this article shall include the
condemnation of property for park or boulevard purposes, or both.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/7-5) (from Ch. 105, par. 7-5)
Sec. 7-5.
Any park district may, in the manner hereafter provided, levy an
annual tax not exceeding .025% of the value, as equalized or assessed by
the Department of Revenue, of all the taxable property
in such district, to be known as a public benefit tax, and the fund
arising therefrom shall be known as a public benefit fund and shall be
used solely for the purpose of paying any such amounts that may be
assessed for such public benefit under Section 7-2. No such tax shall be
levied in any park district until the question of levying such tax is
first certified by the board to the proper election officials who shall
submit the proposition at an election in accordance with the general election
law. The proposition shall be submitted to the voters of the district in
substantially the following
form:
Shall a public benefit tax not exceeding.025% be levied each year on the taxable YESproperty of.... Park District (naming it) as provided in Section 7-5 of "The Park District NOCode"?
Notice of the referendum shall be given and the referendum shall be
conducted in the manner provided by the general election law.
If a majority of the votes cast upon the proposition are in favor,
the governing board may levy and collect such tax annually thereafter,
so long as there remains outstanding any assessment against the district
for public benefits under any special assessment proceeding. Should any
assessment be later assessed against the district in a subsequent local
improvement proceeding for public benefits, then the tax may again be
levied so long as the assessment remains unpaid without the necessity of
any additional referendum. Such tax shall be in addition to all other
taxes authorized by law to be levied and collected in such district and
shall not be included in any limitation of rate contained in this code
or any other law, but shall be excluded therefrom, in addition thereto,
and in excess thereof. The tax shall be levied and collected in like
manner as the general taxes for such district. The foregoing limitations
upon tax rates may be increased or decreased according to the referendum
provisions of the General Revenue Law of Illinois.
(Source: P.A. 81-1489; 81-1509.)
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(70 ILCS 1205/Art. 8 heading) ARTICLE EIGHT.
GENERAL POWERS OF PARK DISTRICTS
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(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers.
Every park district shall, from the time of its
organization, be a body corporate and politic by the name set forth
in the petition for its organization, the specific name set forth in this Code, or the name it may adopt under
Section 8-9 and shall have and exercise the following powers:
(a) To adopt a corporate seal and alter the same at | ||
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(b)(1) To acquire by gift, legacy, grant or purchase, | ||
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(2) In addition to the powers granted in paragraph | ||
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(c) To acquire by gift, legacy or purchase any | ||
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All competitive bids for contracts involving an | ||
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For purposes of this subsection, "due advertisement" | ||
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(d) To pass all necessary ordinances, rules and | ||
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(e) To prescribe such fines and penalties for the | ||
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(f) To manage and control all officers and property | ||
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(g) To secure grants and loans, or either, from the | ||
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(h) To establish fees for the use of facilities and | ||
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(i) To make contracts for a term exceeding one year, | ||
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(j) To enter into licensing or management agreements | ||
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(Source: P.A. 101-304, eff. 8-9-19; 102-999, eff. 5-27-22.)
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(70 ILCS 1205/8-1.1) Sec. 8-1.1. Property owned by a park district shall not be subject to annexation by a municipality without the express consent of the board of park commissioners of the district.
(Source: P.A. 94-396, eff. 8-1-05.) |
(70 ILCS 1205/8-1.2) Sec. 8-1.2. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code 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 1205/8-2) (from Ch. 105, par. 8-2)
Sec. 8-2.
An Act entitled "An Act to provide for making improvements and
repairs by any park commissioners upon boulevards, parkways and highways",
approved April 22, 1907, as amended, and, also, "An Act to enable park
commissioners or park authorities to take, regulate, control, improve,
repair and maintain public streets and to provide a method of securing
funds for the improvement, repair, maintenance, regulation and control of
same", approved June 22, 1917, and also, "An Act to enable park
commissioners or park authorities to take, regulate, control and improve
public streets and to pay for the improvement thereof", approved June 21,
1895, shall not be deemed repealed as to districts under this code, but
all the rights, powers and privileges by said acts conferred shall remain
and be vested in and be available to all park districts.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-3) (from Ch. 105, par. 8-3)
Sec. 8-3.
All park districts shall retain and be vested with all power and
authority contained in an act entitled "An Act concerning Aquariums and
Museums in Public Parks", approved June 17, 1898, as amended.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-4) (from Ch. 105, par. 8-4)
Sec. 8-4.
All park districts shall retain and be vested with all power and
authority contained in an act entitled "An Act authorizing park
commissioners to acquire or provide sites for armories for the National
Guard and to acquire or establish and to maintain landing fields for
aircraft", approved July 11, 1927.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-5) (from Ch. 105, par. 8-5)
Sec. 8-5.
All park districts shall retain and be vested with all the powers
granted by an act entitled "An Act in relation to the construction by park
districts of elevated pleasure highways and boulevards and the provision of
means for the payment of the cost thereof", approved June 24, 1929.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-6) (from Ch. 105, par. 8-6)
Sec. 8-6.
Nothing in this Code shall be deemed to repeal "An Act to
authorize the confinement in houses of correction of persons convicted of
the violation of ordinances of public park commissioners", approved May 25,
1907, but said act shall be available to, and the powers, rights and
duties therein set forth shall apply to all park districts.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-6a)
Sec. 8-6a.
Park district land outside of boundaries; subject to
ordinances. Park district land located outside the district's boundaries and
not contiguous for the purpose of annexation shall be subject to all personal
conduct and criminal provisions of the ordinances of the district, and any
police force having jurisdiction within the property may make arrests and
issue citations for violation of those district ordinances as if the land were
within the boundaries of the park district. The violation shall be prosecuted
and adjudicated as if the violation occurred within park district
boundaries.
(Source: P.A. 89-458, eff. 5-24-96; 89-536, eff. 7-19-96.)
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(70 ILCS 1205/8-7) (from Ch. 105, par. 8-7)
Sec. 8-7.
Any park district shall have power within its jurisdiction to
designate by ordinance the whole or any part of two or more streets, roads,
or, boulevards under the jurisdiction of any city, town or village within
the boundaries of said district, as a public driveway, to be used for
pleasure driving only; and also to lay out, establish, alter, extend, pave
or otherwise improve and maintain the same and designate the same as
pleasure driveways, to be used for pleasure driving only. Such park
districts may, by ordinance, regulate, restrain and control the speed of
travel upon the same, and in all things may regulate, restrain and control
the use of said pleasure driveways and parks by the public or individuals,
and may exclude therefrom funeral processions or anything other than
pleasure vehicles; provided, that any and all roads, streets, boulevards or
parks lying wholly or in part within the corporate limits of any city, town
or village situated within any park district shall first, from and after
the organization of such district, by ordinance of such city, town or
village be turned over and placed under the control of such park district
and accepted, by ordinance, by such district.
Any parks or boulevards within the limits of any park district and also
within any municipality or any parks owned by or under the control of any
municipality which are in or within four miles of the corporate limits of
such municipality may, with the consent of such municipality, on the
organization of said district, be turned over to and placed under the
control thereof. In any such park district any and all lands fronting on a
lake, now belonging to or under the control of any city, town or village in
said park district, with the riparian rights attached thereto, shall be and
are hereby appropriated for such park or parks, or boulevards, as are
authorized to be made and established by this code, with the consent of
the corporate authorities of such municipality.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-8) (from Ch. 105, par. 8-8)
Sec. 8-8.
Any park district, when so requested by its treasurer, shall
designate one or more banks or savings and loan associations in which
the funds of the
district 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 has qualified by furnishing the statements of resources
and liabilities required by this section. When a new depository is
designated, the district shall notify the sureties of its treasurer of that
fact, in writing, at least 5 days before the transfer of funds. Such
treasurer shall be discharged from responsibility for all such 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 park district funds, including, without limitation,
each park district treasurer and each person properly designated as the
official custodian for park district or joint recreational program funds,
including, without limitation, each person properly designated as official
custodian of funds for joint recreational programs established pursuant to
the provisions of Sections 8-10b and 8-18 of this Act 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 joint
recreational programs, is permitted to (i) combine moneys from more than
one fund of a single park district, joint recreational program, 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
park district, risk management association, self-insurance pool or joint
recreational program funds and (iii) join with any custodians or treasurers
of park district, Chicago Park District, joint recreational program, risk
management association, self-insurance pool or
forest preserve district funds for the purpose of investing any park
district, risk management association, self-insurance pool or joint
recreational program 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 investment shall be separately and individually computed
and recorded, and credited to the fund, 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 supplemental 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 1205/8-8a)
Sec. 8-8a.
Transfer of interest income.
Any park district, when requested
by
its
treasurer, may transfer the interest earned on any of the moneys of the
district into the
fund of the district that is most in need of the interest. This Section does
not apply to any
interest earned that has been earmarked or restricted for a designated purpose.
This
Section does not apply to any interest earned on any funds for the purposes of
municipal
retirement under the Illinois Pension Code and tort immunity under the Local
Governmental and Governmental Employees Tort Immunity Act. Interest earned on
these funds may be used only for the purposes authorized for the respective
funds from
which the interest earnings were derived.
(Source: P.A. 91-300, eff. 7-29-99.)
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(70 ILCS 1205/8-9) (from Ch. 105, par. 8-9)
Sec. 8-9. Name change. (a) Whenever two-thirds of the governing board of a park district
shall approve an ordinance or resolution to change the name of such park
district, a copy of such ordinance or resolution shall be duly certified by
the president and secretary of such board and filed in the office of the
county clerk of the counties wherein such park district is located. Upon
the filing of the aforesaid ordinance or resolution for change of name in
the office of said county clerk such change of name of such park district
shall be complete.
(b) Whenever a Public Act changes the name of a park district, the secretary of the board of the park district shall, within 30 days after the date upon which the Public Act becomes law, obtain copies of the Public Act that are duly certified by the Secretary of State and file a certified copy of the Public Act in the office of the county clerk of each county in which the park district is located. The change of name of a park district by a Public Act shall be complete upon the Public Act becoming law. (Source: P.A. 98-772, eff. 7-16-14.)
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(70 ILCS 1205/8-10) (from Ch. 105, par. 8-10)
Sec. 8-10.
All park districts shall have power to plan, establish and
maintain recreational programs, provide musical concerts, to construct,
equip and maintain airports, landing fields for aircraft, armories, field
houses, gymnasiums, assembly rooms, comfort stations, indoor and outdoor
swimming pools, wading pools, bathing beaches, bath houses, locker rooms,
boating basins, boat houses, lagoons, skating rinks, piers, conservatories
for the propagation of flowers, shrubs, and other plants, animal and bird
houses and enclosures, athletic fields with seating stands, golf, tennis,
and other courses, courts, and grounds, and the power to make and enforce
reasonable rules, regulations, and charges therefor. The express
enumeration of each of the foregoing recreational facilities and equipment
which park districts are herein given the power to provide shall not be
construed as a limitation upon said park districts, nor prohibit any park
district from providing any other facilities or equipment which may be
appropriate for park purposes in any park of said district, nor shall the
same in any way be held to limit the power and authority conferred upon
park districts under other sections of this code.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)
Sec. 8-10a.
Every Park District is authorized to establish, maintain and manage
recreational programs for persons with disabilities, including both persons with mental disabilities and persons with physical disabilities, to provide transportation for persons with disabilities to
and from such programs, to provide for such examination of participants in
such programs as may be deemed necessary, to charge fees for participating
in such programs, the fee charged for non-residents of such district need
not be the same as the fees charged the residents of the district, and to
charge fees for transportation furnished to participants.
(Source: P.A. 99-143, eff. 7-27-15.)
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(70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)
Sec. 8-10b. Joint recreational programs for persons with disabilities. Any 2 or more park districts, or in counties with a population of 300,000
or less, a single park district and another unit of local government,
are authorized to take any action
jointly relating to recreational programs for persons with disabilities that could
be taken individually and to enter into agreements with other park districts
and recreation
boards and the corporate authorities of cities, villages and
incorporated towns specified in Sections 11-95-2 and 11-95-3 of the
"Illinois Municipal Code", approved May 29, 1961, as amended, or any
combination thereof, for the purpose of providing for the establishment,
maintenance and management of joint recreational programs for persons with disabilities of all the participating districts and municipal areas,
including provisions for transportation of participants, procedures for
approval of budgets, authorization of expenditures and sharing of
expenses, location of recreational areas in the area of any of the
participating districts and municipalities, acquisition of real estate by
gift, legacy, grant, or purchase, employment of a director and
other professional workers for such program who may be employed by one
participating district, municipality or board which shall be reimbursed
on a mutually agreed basis by the other districts, municipalities and
boards that are parties to the joint agreement, authorization for one
municipality, board or district to supply professional workers for a
joint program conducted in another municipality or district and to
provide other requirements for operation of such joint program as may be
desirable.
(Source: P.A. 99-143, eff. 7-27-15.)
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(70 ILCS 1205/8-11) (from Ch. 105, par. 8-11)
Sec. 8-11.
In addition to the other powers and authority now possessed
by it, every park district shall have the power to grant licenses, easements,
and right of ways to municipalities, corporations or persons for the construction,
operation and maintenance of facilities upon, under or across any property
of such district for water, sewer, telephone, electric, gas or other public
service, subject to such terms and conditions as may be determined by the district.
To all municipalities lying within the limits of any park district is hereby
expressly reserved the right to lay and repair water and sewer pipe under
the surface of any boulevard or park therein in the same manner and to the
same extent it could have been done before the organization of such park
district; provided, said property shall be restored to original condition by
said municipality on completion thereof.
(Source: P.A. 83-526.)
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(70 ILCS 1205/8-12) (from Ch. 105, par. 8-12)
Sec. 8-12.
In addition to other powers and authority now possessed by it,
every park district shall have the power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative corporate
functions for a period of time not exceeding twenty years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation for
the expense thereby incurred.
(Source: Laws 1957, p. 1166.)
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(70 ILCS 1205/8-13) (from Ch. 105, par. 8-13)
Sec. 8-13.
In addition to the other powers and authority now possessed by
it, every park district may enter into a lease for a period of not to
exceed 8 years for such equipment and machinery as may be required for
corporate purposes when authorized by the affirmative vote of two-thirds of
the governing board of the park district.
(Source: P.A. 101-249, eff. 8-9-19.)
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(70 ILCS 1205/8-13a) Sec. 8-13a. Agreements related to solar energy. Notwithstanding any other provision of this Code, a park district may enter into a lease, contract, or other agreement related to the acquisition of solar energy, including the installation, maintenance, and service of solar panels, equipment, or similar technology related to solar energy, for a period not to exceed 2.5 times the term of years provided for in Section 8-13 when authorized by the affirmative vote of two-thirds of the governing board of the park district.
(Source: P.A. 103-146, eff. 6-30-23.) |
(70 ILCS 1205/8-14) (from Ch. 105, par. 8-14)
Sec. 8-14.
All Park Districts have the power 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 1205/8-15) (from Ch. 105, par. 8-15)
Sec. 8-15.
In addition to the other powers and authority now possessed by
it, every park district shall have the power and authority to purchase or
improve or repair any real estate, equipment, machinery and other personal
property for public purposes under contracts providing for payment in
installments. Any such contract heretofore or hereafter
entered into may be refinanced at any time by means of a refunding loan
agreement. Each such contract or refunding loan agreement may provide for
installment payments of principal and interest to be made at stated intervals
during a certain period not to exceed 20 years. Interest paid on the principal
balance outstanding may be at any rate or rates permitted on park district
bonds and may be adjusted on such date or dates as are specified in the
contract or refunding loan agreement, provided that the rate of interest
resulting from the adjustment on such date or dates shall not exceed the
greater of (i) the maximum rate of interest permitted on park district bonds
on the date such contract or refunding loan agreement was made by such park
district; or (ii) the maximum rate of interest permitted on park district
bonds on the interest adjustment date specified in the contract or refunding
loan agreement. No contract or refunding loan agreement for the same real
estate or personal property may exceed an aggregate of 20 years.
Every park district may, in such contract or refunding loan agreement,
irrevocably contract to issue general obligation bonds or notes from time
to time as permitted by law and to apply the proceeds thereof to the payment
of principal and interest on the contract or refunding loan agreement.
Notwithstanding any change in law subsequent to the making of such irrevocable
contract to issue bonds or notes, every park district making such irrevocable
contract shall be authorized to issue such bonds or notes as though the
laws relating to park district bonds and notes in effect at the time of
the making of such irrevocable contract were in full force and effect until
all of the installments on the contract or refunding loan agreement have
been paid in full. The State of Illinois pledges and agrees that it will
not limit or alter the rights and powers vested in park districts in this
paragraph of this Section so as to impair the terms of any such irrevocable
contract until each contract and refunding loan agreement is paid in full.
The provisions of this Section shall not, however, be construed in any
manner whatsoever to permit the issuance of bonds or notes without referendum
except as provided in Article 6 of "The Park District Code" at the time
such irrevocable contract is made.
In connection with any contract or refunding loan agreement authorized
by this Section, every park district may issue certificates evidencing the
indebtedness incurred pursuant to such contract or refunding loan agreement
in such number, denomination and form as the park district shall determine.
The indebtedness incurred under this Section when aggregated with existing
principal indebtedness may not exceed the debt limits provided in Section
6-2 of "The Park District Code"; provided, however, that the interest to be
paid on obligations incurred pursuant to this Section shall not be included
in any computation of indebtedness.
(Source: P.A. 86-494.)
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(70 ILCS 1205/8-16) (from Ch. 105, par. 8-16)
Sec. 8-16.
In addition to the other powers and authority now possessed by
it, every park district shall have the power and authority to lease real
estate for a period not to exceed 99 years and to improve the same in such
manner as may be required for corporate purposes by the construction of
capital improvements thereon when so authorized by the affirmative vote of
two-thirds of the governing board of the park district.
(Source: Laws 1967, p. 3558.)
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(70 ILCS 1205/8-17) (from Ch. 105, par. 8-17)
Sec. 8-17.
The corporate authorities of each park district or municipality
may provide for joining the park district or municipality in membership in
the Illinois Association of Park Districts, a non-profit, non-political
association of Illinois park districts, city park commissions, and
playground and recreation commissions and may provide for the payment of
annual membership dues and fees. The member park districts, city park
commissions, and playground and recreation commissions acting by, through
and in the name of such instrumentality may provide and disseminate
information and research services, employ personnel, and do any and all
other acts for the purpose of improving local and park district government.
(Source: Laws 1967, p. 3554.)
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(70 ILCS 1205/8-18) (from Ch. 105, par. 8-18)
Sec. 8-18.
Every park district shall have the power and authority to develop,
operate, finance and participate in joint recreational programs with one or more
park districts, cities, city recreation commissions, forest preserve districts, conservation districts,
school districts, or other municipal or quasi-municipal governments, and to
enter into joint agreements pertaining thereto, including the joint use of
facilities and equipment and the securing of liability insurance in
connection with such use.
(Source: P.A. 99-271, eff. 8-5-15.)
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(70 ILCS 1205/8-19) (from Ch. 105, par. 8-19)
Sec. 8-19.
Any park district may sell or deliver alcoholic liquors in
accordance with the provisions of "An Act relating to alcoholic liquors", approved
January 31, 1934, as such Act may be now or hereafter amended. Such park
district shall provide dram shop liability in maximum insurance coverage
limits in accordance with "An Act relating to alcoholic liquors",
approved January 31, 1934, as such Act may be now or hereafter amended.
(Source: P.A. 82-1057.)
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(70 ILCS 1205/8-20) (from Ch. 105, par. 8-20)
Sec. 8-20.
Each park district shall indemnify and protect members of
the park board and employees of such district against civil rights damage
claims and suits, constitutional rights damage claims and suits, death and
bodily injury damage claims and suits, and property damage claims and suits,
including defense thereof, when damages are sought for negligent or wrongful
acts alleged to
have been committed within the scope of employment, or under the direction,
of the board. Such indemnification and protection shall extend to persons
who are members of the park board or employees of the district at the time
of the incident
from which a claim arises.
(Source: P.A. 83-807.)
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(70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
Sec. 8-21.
Each park district may insure against any loss or liability
of the park district, members of the park board, and employees thereof,
by reason of civil rights damage claims and suits, constitutional rights
damage claims and suits, death and bodily injury damage claims and suits,
and property damage claims and suits, including defense thereof, when damages
are sought for negligent or wrongful acts allegedly committed within the
scope of employment, or under the direction, of the park board. Such insurance
shall be carried with a company licensed to write such coverage in this State.
Each park district may provide for or participate in the provision of
insurance protection and benefits for its employees and their dependents,
including but not limited to retirement annuities, and medical, surgical
and hospitalization benefits, in such types and amounts as shall be determined
by the board, for the purposes of aiding in securing and retaining the services
of competent employees. Where employee participation in such provision is
involved, the board, with the consent of the employee, may withhold deductions
from the employee's salary necessary to defray the employee's share of such
insurance costs. Such insurance or benefits may be contracted for only with an
insurance company authorized to do business in this State. Such insurance
may include provision for employees and their dependents who rely on treatment
by prayer or spiritual means alone for healing, in accordance with the tenets
and practice of a recognized religious denomination.
For the purposes of this Section, "dependent" means an employee's spouse
and any unmarried child (1) under the age of 19 years, including (a)
an adopted child and (b) a stepchild or recognized child who lives with
the employee in a regular parent-child relationship or (2) under the age
of 23 who is enrolled as a full-time student in any accredited school, college
or university.
(Source: P.A. 90-655, eff. 7-30-98.)
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(70 ILCS 1205/8-22)
Sec. 8-22.
Whenever a park district owns any personal property that in the
opinion of three-fifths of the members of the board then holding office is no
longer necessary, useful to, or for the best interests of the park district,
three-fifths of the park board then holding office, at any regular meeting or
at any special meeting called for that purpose, by ordinance, may authorize the
conveyance or sale of that personal property in any manner that they may
designate, with or without advertising the sale.
(Source: P.A. 88-426.)
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(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is required as
a condition of employment to authorize an investigation to determine if
the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted, within 7 years of the application for employment with the
park district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State. Authorization
for the
investigation shall be furnished by the applicant to the park district.
Upon receipt of this authorization, the park district shall submit the
applicant's name, sex, race, date of birth, and social security number to
the Illinois State Police on forms prescribed by the Illinois State Police. The Illinois State Police shall conduct a search of the
Illinois criminal history records database to ascertain if the applicant being considered for
employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for committing or attempting to commit any of
the enumerated criminal or drug
offenses
in subsection (c) or (d) of this Section, or
has been convicted of committing or attempting to commit, within 7 years of
the application for employment with
the
park district, any other felony under the laws of this State. The
Illinois
State Police shall charge the park district a fee for conducting the
investigation, which fee shall be deposited in the State Police Services
Fund and shall not exceed the cost of the inquiry. The applicant shall
not be charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history record database
indicates that the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d), or adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal or drug offenses in subsection (c) or (d), or has
been convicted of committing or attempting to commit, within 7 years of the
application for employment with the park district, any other felony under the
laws of this State, the Illinois State Police and the Federal Bureau
of
Investigation shall furnish, pursuant to
a fingerprint based background check, records
of convictions or adjudications as a delinquent minor, until expunged, to the
president of the park district. Any information concerning the record of
convictions or adjudications as a delinquent minor obtained by the president shall be confidential and may only
be transmitted to those persons who are necessary to the decision on whether to
hire the
applicant for employment. A copy of the record of convictions or adjudications as a delinquent minor obtained
from the Illinois State Police shall be provided to the applicant for
employment. Any person who releases any confidential information
concerning any criminal convictions or adjudications as a delinquent minor of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
(c) No park district shall knowingly employ a person who has been
convicted, or adjudicated a delinquent minor, for committing attempted first degree murder or
for committing
or attempting to commit first degree murder, a Class X felony, or any
one or more of the following criminal offenses: (i) those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any offense
committed or attempted in any other state or against the laws of the
United States, which, if committed or attempted in this State, would have
been punishable as one or more of the foregoing offenses. Further, no
park district shall knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under 18 years
of age pursuant to proceedings under Article II of the Juvenile Court Act
of 1987. No park district shall knowingly employ a person for whom a
criminal background investigation has not been initiated. (d) No park district shall knowingly employ a person who has been convicted of the following drug offenses, other than an offense set forth in subsection (c), until 7 years following the end of the sentence imposed for any of the following offenses: (i) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of that Act; (ii) those defined in the Illinois Controlled Substances Act; (iii) those defined in the Methamphetamine Control and Community Protection Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. For purposes of this paragraph, "sentence" includes any period of supervision or probation that was imposed either alone or in combination with a period of incarceration. (e) Notwithstanding the provisions of subsections (c) and (d), a park district may, in its discretion, employ a person who has been granted a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections by the circuit court.
(Source: P.A. 102-538, eff. 8-20-21.)
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(70 ILCS 1205/8-23a) Sec. 8-23a. Application for volunteers; disclosure of child sex offenses; penalty for failure to disclose. (a) For purposes of this Section: "Child sex offender" has the meaning provided in paragraph (1) of subsection (d) of Section 11-9.3 of the Criminal Code of 2012. "Volunteer" means any individual who without compensation or benefits reports to, and is under the direct supervision of, a park district's administrative staff and provides personal services to a park district recreational program that is offered to children. (b) Every park district shall require volunteers to complete an application prior to beginning any work as a volunteer. The application shall include, but shall not be limited to, a question for the applicant to answer concerning whether they have been convicted of or found to be a child sex offender. If a volunteer is under 18 years of age, the volunteer's parent or legal guardian may complete the application on behalf of the volunteer. No park district shall knowingly engage a volunteer who has been convicted of or found to be a child sex offender and shall terminate the services of the volunteer upon discovery of such an offender. (c) If a current volunteer with a park district is convicted of or found to be a child sex offender, the volunteer shall immediately disclose the conviction or finding to the park district.
(Source: P.A. 100-472, eff. 9-8-17.) |
(70 ILCS 1205/8-24) Sec. 8-24. Concussion and head injury educational materials. (a) In addition to the other powers and authority now possessed by it, any park district is authorized and encouraged to make available to residents and users of park district facilities, including youth athletic programs, electronically or in written form, educational materials that describe the nature and risk of concussion and head injuries, including the advisability of removal of youth athletes that exhibit signs, symptoms, or behaviors consistent with a concussion, such as a loss of consciousness, headache, dizziness, confusion, or balance problems, from a practice or game. These educational materials may include materials produced or distributed by the Illinois High School Association, those produced by the U.S. Centers for Disease Control and Prevention, or other comparable materials. The intent of these materials is to assist in educating coaches, youth athletes, and parents and guardians of youth athletes about the nature and risks of head injuries.
(b) Each park district is subject to and shall comply with the requirements of the Youth Sports Concussion Safety Act if the park district is directly responsible for organizing and providing a sponsored youth sports activity as a youth sports league by registering the players and selecting the coaches, as those terms are defined in the Youth Sports Concussion Safety Act. (Source: P.A. 99-245, eff. 8-3-15.) |
(70 ILCS 1205/8-30)
Sec. 8-30.
Advisory referenda.
By a vote of the majority of the members of
the park district board, the board may authorize an advisory question of public
policy to be placed on the ballot at the next regularly scheduled election in
the district. The board shall certify the question to the proper election
authority, which must submit the question at an election in accordance with the
Election Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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(70 ILCS 1205/8-50) Sec. 8-50. Definitions. For the purposes of Sections 8-50 through 8-57, the following terms shall have the following meanings, unless the context requires a different meaning: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-bid-build" means the traditional delivery system used on public projects that incorporates the Local Government Professional Services Selection Act and the principles of competitive selection. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services as required, and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Act between any park district and a design-build entity to furnish architecture, engineering, land surveying, landscape architecture, and related services as required, and to furnish the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the park district to make modifications in the project scope without invalidating the design-build contract. "Design-build entity" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Act. A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State. "Design professional" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process for design-build proposals as defined in this Act and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. Price may not be used as a factor in the evaluation of Phase I proposals. "Landscape architect design professional" means any person, sole proprietorship, or entity including, but not limited to, a partnership, professional service corporation, or corporation that offers services under the Landscape Architecture Registration Act. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Act. "Request for proposal" means the document used by the park district to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, including, but not limited to: the intended usage, capacity, size, scope, quality, and performance standards; life-cycle costs; and other programmatic criteria that are expressed in performance oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-284, eff. 8-6-21.) |
(70 ILCS 1205/8-51) Sec. 8-51. Authorization for design-build; advertisement. (a) A park district shall have the power to enter into design-build contracts. In addition to the requirements set forth in its ordinances, the park district shall advertise a design-build solicitation at least once in a daily newspaper of general circulation within the county in which the park district is located. The date that Phase I submissions by design-build entities are due must be at least 14 calendar days after the date the newspaper advertisement for design-build proposals is first published. The advertisement shall identify the design-build project, the due date, the place and time for Phase I submissions, and the place where proposers may obtain a complete copy of the request for design-build proposals, including the criteria for evaluation and the scope and performance criteria. The park district is not precluded from using other media or from placing advertisements in addition to the one required under this subsection. (b) A park district may reject any and all bids and proposals received and may readvertise for bids or issue a new request for design-build proposals.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-52) Sec. 8-52. Solicitation of design-build proposals. (a) When a park district elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for proposal. The park district shall publish notice of the request for the design-build proposal in a newspaper of general circulation within the county in which the park district is located. The park district shall, if possible, post plans and specifications in a related construction industry service publication. A brief description of the proposed procurement must be included in the notice. The park district must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information: (1) A preliminary schedule for the completion of the | ||
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(2) The proposed budget for the project, the source | ||
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(3) Prequalification criteria for design-build | ||
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(4) Material requirements of the contract, including, | ||
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(5) The performance criteria. (6) The evaluation criteria for each phase of the | ||
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(7) The number of entities to be considered for | ||
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(c) The park district may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal. (d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. In the event the construction portion of the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The park district shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-53) Sec. 8-53. Development of design-build scope and performance criteria. (a) The park district shall develop, with the assistance of a licensed design professional or a landscape architect design professional, as appropriate, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the park district's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the park district to be produced by the design-build entities. (c) The scope and performance criteria shall be prepared by a design professional or a landscape architect design professional, as appropriate, who is an employee of the park district, or the park district may contract with an independent design professional selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or landscape architect design professional that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-54) Sec. 8-54. Procedures for design-build selection. (a) The park district must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure shall evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals. (b) The park district shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the park district has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation. The park district shall include the following criteria in every Phase I evaluation of design-build entities: (1) experience of personnel; (2) successful experience with similar project types; (3) financial capability; (4) timeliness of past performance; (5) experience with similarly sized projects; (6) successful reference checks of the firm; (7) commitment to assign personnel for the duration | ||
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(8) qualifications of the entity's consultants; and (9) ability or past performance in meeting or | ||
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The park district may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review. The park district may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including, but not limited to, long-term leasehold, mutual performance, or development contracts with the park district, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No design-build proposal shall be considered that does not include an entity's plan to comply with the requirements concerning minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the park district and with Section 2-105 of the Illinois Human Rights Act. Upon completion of the qualifications evaluation, the park district shall create a shortlist of the most highly qualified design-build entities. The park district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, except that no less than 2 design-build entities nor more than 6 may be selected to submit Phase II proposals. The park district shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of Phase II technical and cost evaluations. The park district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the park district. (c) The park district shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation. The park district shall include the following criteria in every Phase II technical evaluation of design-build entities: (1) compliance with objectives of the project; (2) compliance of proposed services to the request | ||
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(3) quality of products or materials proposed; (4) quality of design parameters; (5) design concepts; (6) innovation in meeting the scope and performance | ||
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(7) constructability of the proposed project. The park district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The park district shall include the following criteria in every Phase II cost evaluation: the total project cost and the time of completion. The park district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighing factor shall not exceed 30%. The park district shall directly employ or retain a licensed design professional or landscape architect design professional, as appropriate, to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the park district may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-55) Sec. 8-55. Small design-build projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the park district may combine the two-phase procedure for design-build selection described in Section 8-50 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 8-50.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-56) Sec. 8-56. Submission of design-build proposals. Design-build proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. All design-build entities submitting proposals shall be disclosed after the deadline for submission, and all design-build entities who are selected for Phase II evaluation shall also be disclosed at the time of that determination. Phase II design-build proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals, landscape architect design professionals, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The park district shall have the right to reject any and all proposals. The drawings and specifications of any unsuccessful design-build proposal shall remain the property of the design-build entity. The park district shall review the proposals for compliance with the performance criteria and evaluation factors set forth in this Act. Proposals may be withdrawn before the due date and time for submissions for any cause. After evaluation begins by the park district, clear and convincing evidence of error is required for withdrawal.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/8-57) Sec. 8-57. Design-build award. The park district may award a design-build contract to the highest overall ranked entity. Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. The park district may not request a best and final offer after the receipt of proposals. The park district may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished.
(Source: P.A. 97-349, eff. 8-12-11.) |
(70 ILCS 1205/Art. 9 heading) ARTICLE NINE.
POWERS (CONTINUED) SWIMMING POOLS--AIRPORT GRANTS--AIRPORTS
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(70 ILCS 1205/9-1) (from Ch. 105, par. 9-1)
Sec. 9-1.
Any park district has the power, subject to the limitations of
Sections 9-1 to 9-1f hereof, inclusive, to acquire, construct and operate
an outdoor or indoor swimming pool, or an artificial ice skating rink, and
other necessary facilities pertinent thereto, and extend or improve such
swimming pool or ice skating rink and facilities, borrow money, and as
evidence thereof to issue its bonds, payable solely from the revenue
derived from the operation thereof. These bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the construction of the swimming pool, or the artificial ice
skating rink, including engineering, legal, and other expenses, together
with interest on the bonds to a date six months subsequent to the estimated
date of completion. The bonds are negotiable instruments and shall be
executed by the president and secretary of the district and countersigned
by the treasurer.
(Source: Laws 1967, p. 2446.)
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(70 ILCS 1205/9-1a) (from Ch. 105, par. 9-1a)
Sec. 9-1a.
Whenever any park district determines to acquire or
construct a swimming pool, or an artificial ice skating rink, or extend
or improve a swimming pool or ice skating rink and facilities, and to
issue bonds under Section 9-1 hereof to pay the cost thereof, its board
shall adopt an ordinance describing in a general way the contemplated
project and refer to plans and specifications therefor. These plans and
specifications shall be filed in the office of the secretary of the
district and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not 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 all the details in connection with the bonds. The bonds
shall mature within the period of usefulness of the project as determined
by the board. The ordinance may also contain such covenants and
restrictions upon the issuance of additional revenue bonds thereafter as
may be deemed necessary or advisable for the assurance of the payment of
the bonds thereby authorized. The ordinance shall also pledge the revenue
derived from the operation of the swimming pool, or the artificial ice
skating rink, for the purpose of paying maintenance and operation costs,
providing an adequate depreciation fund, and paying the principal and
interest of the bonds issued hereunder.
After this ordinance has been adopted it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or, if there is no such
newspaper, then in some newspaper having a general circulation in the
county wherein such district or the greater or greatest portion in area
of said district lies, or, if there be no such newspaper, copies of the
ordinance shall be posted in at least 3 public places in the district.
The publication or posting of the ordinance shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the resolution be submitted to the
electors of the district; (2) the time in which the petition must be filed;
and (3) the date of the prospective referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If no valid petition for a referendum is filed with the secretary of the
district within 30 days after the publication or posting of the ordinance,
the ordinance shall be in effect. But if within this 30 day period a
petition is so filed, signed by a number of electors of the district equal
to 10% or more of the registered voters of the district, asking that the
question of constructing and operating such a swimming pool, or an
artificial ice skating rink, and the issuance of such bonds be submitted to
the electors of the district, the board shall certify such question to the
proper election officials, who shall submit that question at an election in
which all of the electors of the district may vote.
The proposition shall be in the following form, or either of them:
Shall the .... Park District issue YES Revenue Bonds for constructing a swimming pool? NO Shall the .... Park District issue YES Revenue Bonds for constructing an artificial ice skating rink? NO
Notice of the referendum shall be given and the referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
constructing and operating the swimming pool, or the artificial ice
skating rink, and the issuance of the bonds, the ordinance shall be in
effect, otherwise, the ordinance shall not go into effect.
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; 87-767.)
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(70 ILCS 1205/9-1b) (from Ch. 105, par. 9-1b)
Sec. 9-1b.
Bonds issued under Section 9-1 hereof shall be payable solely from the
revenue derived from the operation of the swimming pool, or the artificial
ice skating rink, and shall not in any event constitute an indebtedness of
the park district within the meaning of any constitutional or statutory
limitation. It shall be plainly stated on the face of each bond that the
bond has been issued under Sections 9-1 to 9-1f hereof, inclusive, and
that it does not constitute an indebtedness of the park district within any
constitutional or statutory limitation.
The bonds shall be sold in such manner and upon such terms as the board
shall determine. The minimum price at which they may be sold shall be such
that the interest cost to the park district of the proceeds of the bonds
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 1205/9-1c) (from Ch. 105, par. 9-1c)
Sec. 9-1c.
Whenever revenue bonds are issued under Section 9-1 hereof, all
revenue derived from the operation of the swimming pool, or the artificial
ice skating rink, shall be deposited in a separate fund designated as the
"Swimming Pool Fund", or the "Artificial Ice Skating Rink Fund", of the
park district. These funds, or either of them as designated, shall be used
only in paying the cost of operation and maintenance of the swimming pool,
or the artificial ice skating rink, in providing an adequate depreciation
fund, and in paying the principal of and interest upon the revenue bonds of
the district issued under Section 9-1 hereof.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the system. Such a fund shall not be allowed to accumulate beyond a
reasonable amount necessary for the purpose and shall not be used for
extensions to the swimming pool, or the artificial ice skating rink.
(Source: Laws 1963, p. 2784.)
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(70 ILCS 1205/9-1d) (from Ch. 105, par. 9-1d)
Sec. 9-1d.
Each park district which issues bonds and constructs a swimming
pool, or an artificial ice skating rink, under Section 9-1 hereof shall
charge for the use thereof at a rate which at all times is sufficient to
pay maintenance and operation cost, depreciation, and the principal and
interest on the bonds. Such district may make, enact, and enforce all
needful rules and regulations for the construction, acquisition,
improvement, extension, management, maintenance, care and protection of its
swimming pool, or its artificial ice skating rink, and for the use thereof.
Charges or rates for the use of the swimming pool, or the artificial ice
skating rink, shall be such as the board may from time to time determine.
While any bond issued under Section 9-1 hereof is outstanding, such
district is required to maintain and operate its swimming pool, or its
artificial ice skating rink, as long as it can do so, out of the revenue
derived from the operation thereof. It shall not sell, loan,
mortgage, or in any other manner dispose of the swimming pool, or the
artificial ice skating rink, until all of the bonds so issued have been
paid in full, both principal and interest, or until provision has been made
for the payment of all of the bonds and interest thereon in full. Nothing in this
paragraph shall, however, prohibit any park district from leasing any such swimming pool
or artificial ice skating rink to any municipality, school district, or other
unit of local government, or from entering into any other agreement with any municipality, school
district, or other unit of local government by which lease or other agreement such swimming pool
or artificial ice skating rink may be operated and/or used in whole or in part by or for such
municipality, school district or other unit of local government, where such lease or other
agreement is not prohibited by the terms of such revenue bonds or the ordinance of the
park district authorizing them and where the revenues of the park district derived
from such lease or other agreement are deposited in the fund required by Section
9-1c hereof in connection with such revenue bonds.
Such a park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of its
swimming pool, or its artificial ice skating rink. At least once each year,
the district shall have the accounts properly audited. A report of this
audit shall be open for public inspection at all times.
(Source: P.A. 79-356.)
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(70 ILCS 1205/9-1e) (from Ch. 105, par. 9-1e)
Sec. 9-1e.
The holder of any bond or of a coupon of any bond issued under
Section 9-1 hereof in any civil action, mandamus, injunction or other
proceeding, may
enforce and compel performance of all duties required by Sections 9-1 to
9-1d hereof, inclusive. This shall include the duties of establishing and
collecting sufficient rates or charges for the use of the swimming pool, or
the artificial ice skating rink, for the purposes specified in Section 9-1d
hereof, and the application of the revenue thereof as provided by
Section 9-1c hereof.
(Source: P.A. 83-345.)
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(70 ILCS 1205/9-1f) (from Ch. 105, par. 9-1f)
Sec. 9-1f.
Revenue bonds to construct swimming pools, or artificial ice
skating rinks, issued by park districts payable solely from revenue derived
from the operation thereof, under any prior act shall be treated as having
been issued under Sections 9-1 to 9-1e hereof, inclusive.
(Source: Laws 1963, p. 2784.)
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(70 ILCS 1205/9-2) (from Ch. 105, par. 9-2)
Sec. 9-2.
Every park district is authorized to acquire by purchase or
condemnation under power of eminent domain, or lease, real estate, in
whole or in part, either within or without the corporate limits of said
park district for the purpose of establishing or expanding for said district an
airport and landing field for aircraft, and to provide hangars, shops,
and other necessary equipment and appurtenances therefor usually
incident to the operation of an airport, and to maintain and operate the
same.
(Source: P.A. 81-768.)
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(70 ILCS 1205/9-2a) (from Ch. 105, par. 9-2a)
Sec. 9-2a.
Whenever any park district determines to acquire real estate
for the purposes of Section 9-2, it may borrow money, and as evidence thereof
issue its bonds payable solely from revenue other than the taxes specified
in Section 9-2b. These bonds may be issued, as provided in this Section,
in such amounts as may be necessary to provide sufficient amounts to pay
all the costs of construction or expansion of the airport and landing field,
including the engineering, legal, and other expenses,
together with interest on the bonds to a date 6 months subsequent to the
estimated date of completion and initial funding of required bond reserve
funds. The bonds are negotiable instruments and shall be executed by the
president and secretary of the district and countersigned by the treasurer
of the district.
Whenever any park district determines to establish or expand for said district
an airport and landing field for aircraft as provided in Section
9-2 of this Code, and to issue revenue bonds under this Section 9-2a to
pay the cost thereof, its board shall adopt an ordinance describing in a
general way the contemplated project and refer to plans and specifications
therefor. These plans and specifications shall be filed in the office of
the secretary of the district and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project, determine
the period of usefulness thereof, fix the amount of revenue bonds to be
issued, the maturities thereof, the interest rate, which shall not exceed
the greater of (i) the maximum rate authorized by the Bond Authorization Act,
as amended at the
time of the making of the contract, or (ii) 8% per annum payable annually
or semi-annually,
and all the
details in connection
with the bonds. The bonds shall mature within the period of usefulness
of the project as determined by the board. The ordinance may also contain
such covenants and restrictions upon the issuance of additional revenue
bonds thereafter as may be deemed necessary or advisable for the assurance
of the payment of the bonds thereby authorized. The ordinance shall also
pledge the revenue derived from the operation of the airport and landing
field, for the purpose of paying maintenance and operation costs, providing
an adequate depreciation fund, and paying the principal and interest of
the bonds issued hereunder.
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 1205/9-2b) (from Ch. 105, par. 9-2b)
Sec. 9-2b.
Upon the petition signed by voters equal in number to not
less than 2% of the votes received by the park commissioners who received
the greatest number of votes at the last election of any park
district or upon the order of the board of any park district, the
question of the levy of an additional annual tax to provide revenue for
the purpose of acquiring, constructing, maintaining and operating
airports and landing fields for aircraft shall be submitted to the
voters of the park district at a regular election in the
district.
The proposition for the levy of an additional annual tax in the park
district shall be substantially in the following form:
For an additional annual tax levy for the .... Park District (naming
it) to the amount of .... per cent of the value of all taxable property
in the district for purposes of acquiring, constructing, maintaining,
and operating airports, and landing fields for aircraft.
Against an additional annual tax levy for the .... Park District
(naming it) to the amount of .... per cent of the value of all taxable
property in the district for the purposes of acquiring, constructing,
maintaining, and operating airports, and landing fields for aircraft.
Notice of the referendum shall be given and the referendum conducted in
the manner provided by the general election law. If a majority of the
votes cast upon such proposition are in favor of the additional tax levy
as stated in the proposition, the tax shall be levied and collected in
the same manner as other taxes are levied and collected. The tax shall
not exceed the rate of .075% of the value, as equalized or assessed by
the Department of Revenue, of all taxable property in
such district.
The tax shall be in addition to all other taxes authorized by law to
be levied and collected in the district and shall not be included in any
limitation of rate contained in this code or any other law but shall be
excluded therefrom and be in addition thereto and in excess thereof. The
board of a park district whose power to levy taxes for the purposes of
acquiring, constructing, maintaining and operating airports and landing
fields for aircraft on July 1, 1967, is set at a rate less than .05%
may, without referendum, increase that rate by not more than .03%
applicable after July 1, 1967, but the maximum rate may not be raised
above .05%. However after July 28, 1969, the board of any park district
having the power to levy a tax under this Section may, without
referendum, increase the rate of that tax to .075% when it considers
that increase necessary for the purpose of financing such maintenance,
improvement or replacement of its airport facilities and landing fields
as are required to conform to the standards of the Department of
Transportation or of any appropriate federal agency relating to a State or
federal airports plan or airways system.
(Source: P.A. 81-1550.)
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(70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)
Sec. 9-2c.
Whenever the proposition is submitted to the voters of any
park district to levy a tax for the purpose of acquiring, constructing,
maintaining, and operating airports and landing fields for aircraft as
provided in Section 9-2b, and a majority of the votes cast upon the
proposition is in favor of the levy of such tax, the board of any such
park district may provide that bonds of such park district be issued for
the purpose of acquiring and constructing airports and landing fields
for aircraft, or for the purpose of improving and extending such
facilities when constructed. The bonds shall be authorized by ordinance
of the board, shall mature serially in not to exceed 20 years from their
date, and bear such rate of interest as the board may determine, not,
however, to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract, payable
semi-annually, and shall be sold by the board as it may determine but for
not less than the par value thereof and accrued interest. The bonds shall
be signed by the president (or such official as the board may designate)
and secretary and countersigned by the treasurer with the corporate seal of
the district affixed. The bonds shall be authorized by the board of the
district by ordinance which shall fix all the details of the bonds and
provide for a levy of a tax sufficient to pay the principal of and interest
on the bonds as they mature. A certified copy of the ordinance shall be
filed in the office of the clerk of the county wherein the park district is
situated, and the county clerk shall extend a tax sufficient to pay the
principal of and interest on the bonds as they mature without limitation as
to rate or amount, and the county clerk shall reduce the tax rate levied by
the district pursuant to Section 9-2b by the amount of the rate extended
for payment of principal and interest of the bonds. The clerk shall extend
the tax as provided in Section 6-6. If the rate necessary to be extended
for the payment of principal and interest of the bonds exceeds the rate
authorized to be levied by the district, pursuant to Section 9-2b, then the
rate of tax for the payment of bonds and interest only shall be extended.
Where the district is situated in more than one county the tax shall be
certified, apportioned and levied as provided in Section 5-4.
Notwithstanding the foregoing, after July 28, 1969, any park district may
issue bonds under this Section for the purpose of maintaining, improving or
replacing its existing airport facilities or landing fields to the extent
required to conform to the standards of the Department of Transportation or
of any appropriate federal agency relating to a State or federal airports
plan or airways system. If such bonds are issued the tax levied for the
payment of principal and interest of the bonds as they mature shall be in
addition to that levied by the district under Section 9-2b and the county
clerk shall extend both taxes accordingly. The aggregate principal amount
of bonds issued under this Section that may be outstanding at any time may not
exceed 1/2 of 1% of the aggregate valuation of all taxable property within
the district, as equalized or assessed by the Department of Revenue. No bond
ordinance may take effect nor may bonds be issued thereunder if the amount
of bonds taken with the outstanding principal indebtedness under this Section
exceeds the 1/2 of 1% limit unless the question of whether such additional
bonds shall be issued is submitted to the legal voters of the district, in
the manner provided by Section 6-4, and a majority of those voting on the
proposition vote in favor thereof. In no event may the principal aggregate
amount of any bonds issued under such ordinance exceed, together with the
principal amount of bonds previously issued under this Section and then
outstanding, 1 1/4% of the aggregate valuation of all taxable property
within the district, as equalized or assessed by the Department of Revenue.
Bonds issued under this Section are not a part of the existing
indebtedness of a park district for purposes of Article 6 of this Code.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), 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. 100-201, eff. 8-18-17.)
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(70 ILCS 1205/9-2d) (from Ch. 105, par. 9-2d)
Sec. 9-2d.
A park district in counties with a population of less than
200,000 inhabitants may sell or lease park district property
to a hospital provided that prior to such transaction:
(1) a public hearing on the issue is held after one notice is given in
a newspaper of general circulation in the park district at least 7 days
before the meeting; and
(2) the value of the property sought to be sold or leased is determined
by 2 independent appraisals.
(Source: P.A. 81-768.)
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(70 ILCS 1205/9-3) (from Ch. 105, par. 9-3)
Sec. 9-3.
Nothing contained in this code shall be deemed to repeal "An
Act to enable park commissioners, park boards, or boards of park
commissioners to grant, convey or release lands and rights to cities and
villages for airport uses and purposes", approved July 11, 1935, but said
act shall be available to and the rights and powers thereunder shall remain
vested in all park districts under this code.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/9-4) (from Ch. 105, par. 9-4)
Sec. 9-4.
Nothing contained in this code shall be deemed to repeal "An
Act to allow the Commissioners of any Park District which has adopted or
may hereafter adopt 'An Act authorizing Park Districts to acquire,
establish, construct, maintain and operate airdromes, airports, and landing
fields for aircraft, and authorizing the exercise of the power of eminent
domain and permitting the levy of a tax therefor', approved June 24, 1929,
to adopt zoning ordinances for the safe operation of such airport,
airdrome, or landing field", approved July 25, 1939, but said act shall
be available to and all the powers, rights and duties therein shall remain
and be vested in all park districts under this code.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/Art. 9.1 heading) ARTICLE 9.1
POWERS (CONTINUED) GOLF COURSES
|
(70 ILCS 1205/9.1-1) (from Ch. 105, par. 9.1-1)
Sec. 9.1-1.
Any park district has the power, subject to the
limitations of Sections 9.1-1 through 9.1-6 of this Article to
acquire, construct and operate golf courses and toilet, locker and other
necessary facilities pertinent thereto, and extend or improve such
courses and facilities, borrow money, and as evidence thereof to issue
its bonds, payable solely from the revenue derived from the operation of
such golf courses and facilities. These bonds may be issued in such
amounts as may be necessary to provide sufficient funds to pay all the
costs of the acquisition or construction, or extension
or improvement of
golf courses and facilities, including engineering, legal, and other
expenses, together with interest on the bonds to a date 6 months
subsequent to the estimated date of the completion. The bonds are
negotiable instruments and shall be executed by the president and
secretary of the district and countersigned by the treasurer.
(Source: P.A. 80-1495.)
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(70 ILCS 1205/9.1-2) (from Ch. 105, par. 9.1-2)
Sec. 9.1-2.
Whenever any park district determines to acquire or
construct, or extend or improve a golf course and facilities and to
issue bonds under Section 9.1-1 of this Article to pay the cost thereof,
its board shall adopt an ordinance describing in a general way the
contemplated project and refer to plans and specifications therefor.
These plans and specifications shall be filed in the office of the
secretary of the district and shall be open for inspection by the
public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not exceed the maximum rate authorized by the
Bond Authorization Act, as amended at time of the making of the contract,
payable annually or semi-annually, and all
the details in connection with the bonds. The bonds shall mature within
the period of usefulness of the project as determined by the board. The
ordinance may also contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed
necessary or advisable for the assurance of the payment of the bonds
thereby authorized. The ordinance shall also pledge the revenue derived
from the operation of the golf course for the purpose of paying
maintenance and operation costs, providing an adequate depreciation
fund, and paying the principal and interest of the bonds issued
hereunder. The ordinance may also pledge the revenue derived from the
operation of an existing golf course, or courses, and appurtenant
facilities, for such purpose.
After this ordinance has been adopted it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or, if there is no such
newspaper, then in some newspaper having a general circulation in the
county wherein such district or the greater or greatest portion in area
of such district lies. The publication or posting of the ordinance shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the adoption of the ordinance be
submitted to the electors of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum. The
Secretary of the governing board of the park district shall provide a
petition form to any individual requesting one.
If no valid petition requesting a referendum is filed with the secretary
of the district within 30 days after the publication or posting of the
ordinance, the ordinance shall be in effect. But if within this 30 day
period a petition is so filed, signed by electors of the district equal to
10% or more of the registered voters in the district, asking that the
question of acquiring and operating or constructing and operating such a
golf course, or extending or improving such a golf course, and the issuance
of such bonds be submitted to the electors of the district, the board shall
certify such question to the proper election officials, who shall submit
that question at an election held in the district.
The proposition shall be in the following
form:
Shall the..... ParkDistrict issue Revenue Bonds YESfor acquiring (or constructing, or extending, or improving) NOa golf course?
Notice of such referendum shall be given and such referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
acquiring and operating, or constructing and operating the golf course,
or extending or improving such golf course, and the issuance of the
bonds, the ordinance shall be in effect, otherwise the ordinance shall
not go into effect.
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; 87-767.)
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(70 ILCS 1205/9.1-3) (from Ch. 105, par. 9.1-3)
Sec. 9.1-3.
Bonds issued under Section 9.1-1 of this Article shall be
payable solely from the revenue derived from the operation of the golf
course, or courses, and shall not in any event constitute an indebtedness
of the park district within the meaning of any constitutional or statutory
limitation. It shall plainly state on the face of each bond that the bond
has been issued under Sections 9.1-1 through 9.1-6 of this Article, and
that it does not constitute an indebtedness of the park district within any
constitutional or statutory limitation.
The bonds shall be sold in such manner, to such persons and upon such
terms as the board shall determine. If they are issued to bear interest at
the maximum rate applicable at the time of issuance, they shall be sold for
not less than par and accrued interest. If they are issued to bear interest
at a rate less than the maximum rate applicable at the time of issuance,
the minimum price at which they may be sold shall be such that the interest
cost to the park district of the proceeds of the bonds shall not exceed the
maximum rate applicable at the time of issuance, computed to maturity,
according to the standard table of bond values.
(Source: P.A. 76-244.)
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(70 ILCS 1205/9.1-4) (from Ch. 105, par. 9.1-4)
Sec. 9.1-4.
Whenever revenue bonds are issued under Section 9.1-1 of this
Article, all revenue derived from the operation of the golf course, or
courses, shall be deposited in a separate fund designated as the "Golf
Course Fund" of the park district. This fund shall be used only in paying
the cost of operation and maintenance of the golf course, or courses, in
providing an adequate depreciation fund, and in paying the principal of and
interest upon the revenue bonds of the district issued under Section 9.1-1
of this Article.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the golf course, or courses. Such a fund shall not be allowed to accumulate
beyond a reasonable amount necessary for the purpose and shall not be used
for extensions to the golf course, or courses.
(Source: Laws 1965, p. 239.)
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(70 ILCS 1205/9.1-5) (from Ch. 105, par. 9.1-5)
Sec. 9.1-5.
Each park district which issues bonds and acquires or constructs,
or extends or improves a golf course and facilities shall charge for the
use thereof at a rate which at all times is sufficient to pay maintenance
and operation costs, depreciation, and the principal and interest on the
bonds. Such district may make, enact, and enforce all needful rules and
regulations for the construction, acquisition, improvement, extension,
management, maintenance, care and protection of its golf course and for the
use thereof. Charges or rates for the use of the golf course or courses
shall be such as the board may from time to time determine.
While any bond issued under Section 9.1-1 of this Article is outstanding
such district is required to maintain and operate its golf course or courses,
as long as it can do so, out of the revenue derived from the operation thereof.
It shall not sell, lease, loan, mortgage, or in any other manner dispose
of the golf course or courses until all of the bonds so issued have been
paid in full, both principal and interest, or until provision has been made
for the payment of all of the bonds and interest thereon in full. Nothing
in this Section prohibits any park district from leasing any such golf course
and facilities to any school district, municipality, or other unit of local
government, or from entering into any other agreement with any school district,
municipality, or other unit of local government by which lease or other
agreement such golf course and facilities may be operated or used in whole
or in part by or for such school district, municipality, or other unit of
local government, where such lease or other agreement is not prohibited
by the terms of such revenue bonds or the ordinance of the park district
authorizing them and where the revenues of the park district derived from
such lease or other agreement are deposited in the fund required by Section
9.1-4 of this Act in connection with such revenue bonds.
Such a park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of its
golf course. At least once each year, the district shall have the accounts
properly audited. A report of this audit shall be open for public
inspection at all times.
(Source: P.A. 79-1423.)
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(70 ILCS 1205/9.1-6) (from Ch. 105, par. 9.1-6)
Sec. 9.1-6.
The holder of any bond or of a coupon of any bond issued under
Section 9.1-1 of this Article in any civil action, mandamus, injunction or
other proceeding, may enforce and compel performance of all duties required by
Sections 9.1-1 through 9.1-5 of this Article. This shall include the
duties of establishing and collecting sufficient rates or charges for the
use of the golf course or courses for the purposes specified in Section
9.1-5 of this Article, and the application of the revenue thereof as
provided by Section 9.1-4 of this Article.
(Source: P.A. 83-345.)
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(70 ILCS 1205/Art. 9.2 heading) ARTICLE 9.2
POWERS (CONTINUED) TENNIS
COURTS, ETC. OR ZOOS
|
(70 ILCS 1205/9.2-1) (from Ch. 105, par. 9.2-1)
Sec. 9.2-1.
Any park district has the power, subject to the limitations of Sections
9.2-1 through 9.2-6 of this Article to acquire, construct and operate
indoor or outdoor tennis courts, handball, racquetball, or squash courts,
or zoos and other necessary facilities pertinent thereto, and extend or
improve such courts or zoos and facilities, borrow money and as evidence
thereof to issue its bonds, payable solely from the revenue derived from
the operation of such indoor or outdoor tennis courts, handball,
racquetball, or squash courts, or zoos and facilities. These bonds may be
issued in such amounts as may be necessary to provide sufficient funds to
pay all the costs of the acquisition or construction, or extension or
improvement of indoor or outdoor tennis courts, handball, racquetball, or
squash courts, or zoos and facilities, including engineering, legal and
other expenses, together with interest on the bonds to a date 6 months
subsequent to the estimated date of the completion. The bonds are
negotiable instruments and shall be executed by the president and secretary
of the district and countersigned by the treasurer.
(Source: P.A. 77-2173.)
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(70 ILCS 1205/9.2-2) (from Ch. 105, par. 9.2-2)
Sec. 9.2-2.
Whenever any park district determines to acquire or
construct or extend or improve indoor or outdoor tennis courts, handball,
racquetball, or squash courts, or zoos and facilities and to issue bonds
under Section 9.2-1 of this Article to pay the cost thereof, its board
shall adopt an ordinance describing in a general way the contemplated
project and refer to plans and specifications therefor. These plans and
specifications shall be filed in the office of the secretary of the
district and shall be open for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, fix the amount of revenue
bonds to be issued, the maturities thereof, the interest rate, which
shall not 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 all the details in connection with the bonds. The bonds
shall mature within the period of usefulness of the project as determined
by the board. The ordinance may also contain such covenants and
restrictions upon the issuance of additional revenue bonds thereafter as
may be deemed necessary or advisable for the assurance of the payment of
the bonds thereby authorized. The ordinance shall also pledge the revenue
derived from the operation of the indoor or outdoor tennis courts,
handball, racquetball, or squash courts, or zoos and facilities for the
purpose of paying maintenance and operation costs, providing an adequate
depreciation fund, and paying the principal and interest of the bonds
issued hereunder. The ordinance may also pledge the revenue derived from
the operation of existing indoor or outdoor tennis courts, handball,
racquetball, or squash courts, or zoo and appurtenant facilities, for
such purpose.
After this ordinance has been adopted it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or if there is no such
newspaper then in some newspaper having a general circulation in the
county wherein such district or the greater or greatest portion in area
of such district lies. The publication or posting of the ordinance shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the adoption of the ordinance be
submitted to the electors of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum. The
Secretary of the governing board of the park district shall provide a
petition form to any individual requesting one.
If no valid petition is filed with the secretary of the district within 30
days after the publication or posting of the ordinance, the ordinance
shall be in effect. But if within this 30 day period a petition is so
filed, signed by electors of the district equal to
10% or more of the registered voters of the district, asking that
the question of acquiring and operating or constructing and operating
such indoor or outdoor tennis courts, handball, racquetball, or squash
courts, or zoo facilities, or extending or improving such indoor or
outdoor tennis courts, handball, racquetball, or squash courts, or zoo
facilities, and the issuance of such bonds be submitted to the electors
of the district, the board shall certify such question to the proper election
officials, who shall submit that question at a regular election held in the district.
The proposition shall be in the following
form:
Shall the.... Park District issueRevenue Bonds for acquiring (or constructing, YESor extending or improving) indoor or outdoor tennis courts (handball, racquetball, or NOsquash courts, or zoo) and facilities.
Notice of such referendum shall be given and such referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
acquiring and operating, or constructing and operating the indoor or
outdoor tennis courts, handball, racquetball, or squash courts, or zoo
facilities or extending or improving such indoor or outdoor tennis
courts, handball, racquetball, or squash courts, or zoo facilities, and
the issuance of the bonds, the ordinance shall be in effect, otherwise
the ordinance shall not go into effect.
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; 87-767.)
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(70 ILCS 1205/9.2-3) (from Ch. 105, par. 9.2-3)
Sec. 9.2-3.
Bonds issued under Section 9.2-1 of this Article shall be
payable solely
from the revenue derived from the operation of the indoor or outdoor tennis
courts, handball, racquetball, or squash courts, or zoo and facilities, and
shall not in any event constitute an indebtedness of the park district
within the meaning of any constitutional or statutory limitation. It shall
plainly state on the face of each bond that the bond has been issued under
Sections 9.2-1 through 9.2-6 of this Article, and that it does not
constitute an indebtedness of the park district within any constitutional
or statutory limitation.
The bonds shall be sold in such manner, to such persons and upon such
terms as the board shall determine. If they are issued to bear interest at
the rate of the maximum rate authorized by the Bond Authorization Act, as
amended
at the time of the making of the contract, they shall
be sold for not less than par and
accrued interest. If they are issued to bear interest at a rate of less
than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, the minimum
price at which they may be sold shall be such
that the interest cost to the park district of the proceeds of the bonds
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 1205/9.2-4) (from Ch. 105, par. 9.2-4)
Sec. 9.2-4.
Whenever revenue bonds are issued under Section 9.2-1 of this Article,
all revenue derived from the operation of the tennis, handball,
racquetball, or squash courts or zoos shall be deposited in a separate fund
designated as the "Tennis Court Fund", "Handball Court Fund", "Racquetball
Court Fund", "Squash Court Fund", or "Zoo Fund" of the park district. This
fund shall be used only in paying the cost of operation and maintenance of
the tennis, handball, racquetball, or squash courts or zoo, in providing an
adequate depreciation fund, and in paying the principal of and interest
upon the revenue bonds of the district issued under Section 9.2-1 of this
Article.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the tennis, handball, racquetball, or squash courts or zoo. Such fund shall
not be allowed to accumulate beyond a reasonable amount necessary for the
purpose and shall not be used for extensions to the tennis, handball,
racquetball, or squash courts or zoo.
(Source: P.A. 77-2173.)
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(70 ILCS 1205/9.2-5) (from Ch. 105, par. 9.2-5)
Sec. 9.2-5.
Each park district which issues bonds and acquires or constructs or extends
or improves indoor or outdoor tennis courts, handball, racquetball, or squash
courts, or zoos and facilities shall charge for the use thereof at a rate
which at all times is sufficient to pay maintenance and operation costs,
depreciation, and the principal and interest on the bonds. Such district
may make, enact and enforce all needful rules and regulations for the construction,
acquisition, improvement, extension, management, maintenance, care and protection
of its courts or zoo and for the use thereof. Charges or rates for the use
of the courts or zoo facilities shall be such as the board may from time
to time determine.
While any bond issued under Section 9.2-1 of this Article
is outstanding such district is required to maintain and operate its tennis,
handball, racquetball, or squash courts or zoo facilities as long as it
can do so, out of the revenue derived from the operation thereof. It shall
not sell, lease, loan, mortgage or in any other manner dispose of the courts
or zoo facilities until all of the bonds so issued have been paid in full,
both principal and interest, or until provision has been made for the payment
of all the bonds and interest thereon in full. Nothing in this Section
prohibits any park district from leasing any such indoor or outdoor tennis
courts, handball, racquetball, or squash courts, or zoos and facilities
to any school district, municipality, or other unit of local government
or from entering into any other agreement with any school district, municipality,
or other unit of local government by which lease or other agreement such
indoor or outdoor tennis courts, handball, racquetball, or squash courts,
or zoos and facilities may be operated or used in whole or in part by or
for such school district, municipality, or other unit of local government,
where such lease or other agreement is not prohibited by the terms of such
revenue bonds or the ordinance of the park district authorizing them and
where the revenues of the park district derived from such lease or other
agreement are deposited in the fund required by Section 9.2-4 of this Act
in connection with such revenue bonds.
Such a park district shall install and maintain a proper system of accounts,
showing the amount of revenue received from the operation of its tennis,
handball, racquetball, or squash courts or zoo. At least once each year,
the district shall have the accounts properly audited. A report of this
audit shall be open for public inspection at all times.
(Source: P.A. 79-1423.)
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(70 ILCS 1205/9.2-6) (from Ch. 105, par. 9.2-6)
Sec. 9.2-6.
The holder of any bond or of a coupon of any bond issued under Section
9.2-1 of this Article in any civil action, mandamus, injunction or other proceeding,
may enforce and compel performance of all duties required by Sections 9.2-1
through 9.2-5 of this Article. This shall include the duties of
establishing and collecting sufficient rates or charges for the use of the
courts or zoo for the purposes specified in Section 9.1-5 of this Article,
and the application of the revenue thereof as provided by Section 9.1-4 of
this Article.
(Source: P.A. 83-345.)
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(70 ILCS 1205/Art. 9.3 heading) ARTICLE 9.3
RECREATION FACILITIES
|
(70 ILCS 1205/9.3-1) (from Ch. 105, par. 9.3-1)
Sec. 9.3-1.
Any park district has the power subject to the limitations of Sections
9.3-1 through 9.3-6 to acquire, construct and operate such revenue producing
recreation facilities and to extend or improve such facilities, borrow money
and as evidence thereof to issue its bonds, payable solely from the revenue
derived from the operation of such recreation facility or facilities. These
bonds may be issued in such amounts as may be necessary to provide sufficient
funds to pay all costs of acquisition or construction, or extension or improvement
of indoor or outdoor recreation facilities, including engineering, legal
and other expenses, together with interest on the bonds to a date six months
subsequent to the estimated date of completion. The bonds are negotiable
instruments and shall be executed by the President and Secretary of the
district and countersigned by the Treasurer.
(Source: P.A. 78-1256.)
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(70 ILCS 1205/9.3-2) (from Ch. 105, par. 9.3-2)
Sec. 9.3-2.
Whenever any park district determines to acquire, construct,
extend or improve indoor or outdoor recreation facilities and to issue
bonds under Section 9.3-1 of this Article to pay the costs thereof, its
board shall adopt an ordinance describing in a general way the contemplated
project and refer to plans and specifications therefor. These plans and
specifications shall be filed in the office of the secretary of the
district and shall be opened for inspection by the public.
This ordinance shall set out the estimated cost of the project,
determine the period of usefulness thereof, the interest rate, which
shall not 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 all details in connection with the bonds. The bonds
shall mature within the period of usefulness of the project as determined
by the board. The ordinance may also contain such covenants and
restrictions upon the issuance of additional revenue bonds thereafter as
may be deemed necessary or advisable for the assurance of the payment of
the bonds thereby authorized. The ordinance shall also pledge the revenue
derived from the operation of the indoor or outdoor recreational facility
for the purpose of paying maintenance and operation costs, providing an
adequate depreciation fund, and paying the principal and interest on the
bonds issued hereunder. The ordinance may also pledge the revenue derived
from the operation of an existing indoor or outdoor facility of the same
character, for such purpose.
After this ordinance has been adopted it shall, within 10 days after
its passage, be published once in a newspaper published and having a
general circulation in the park district, or if there is no such
newspaper then in some newspaper having a general circulation in the
county wherein such district, or the greater or greatest portion in
area, of such district lies. The publication or posting of the ordinance
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the adoption of the
ordinance be submitted to the electors of the district; (2) the time in
which the petition must be filed; and (3) the date of the prospective
referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If no valid petition is filed with the secretary of the district within 30
days after the publication or posting of the ordinance, the ordinance
shall be in effect. But if within this 30day period a petition is so
filed, signed by electors of the district equal to
10% or more of the registered voters of the district asking that
the question of acquiring and operating or constructing and operating
such an indoor and outdoor recreational facility and the issuance of
such bonds be submitted to the electors of the district, the board shall
certify such question to the proper election officials, who shall submit
the question at an election held in the district. The board shall furnish
copies of such a petition form to all persons making a request therefor.
The proposition shall be in substantially the
following form:
Shall the.... Park District issuerevenue bonds for acquiring (or constructing, YESextending or improving) an indoor or outdoor recreational facility to include.... (specify NOspecific facility or facilities)
Notice of such referendum shall be given and such referendum conducted in
the manner provided by the general election law.
If a majority of the electors voting upon that question voted in favor of
acquiring and operating, or constructing and operating the indoor or
outdoor recreational facility or facilities or extending or improving
such indoor or outdoor recreational facility or facilities and the
issuance of the bonds, the ordinance shall be in effect, otherwise the
ordinance shall not go into effect.
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; 87-767.)
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(70 ILCS 1205/9.3-3) (from Ch. 105, par. 9.3-3)
Sec. 9.3-3.
Bonds issued under Section 9.3-1 of this Article shall be payable solely
from the revenue derived from the operation of the indoor or outdoor
recreational facility and shall not in any event constitute an indebtedness
of the park district within the meaning of any constitutional or statutory
limitation. It shall plainly state on the face of each bond that the bond
has been issued under Sections 9.3-1 through 9.3-6 of this Article, and
that it does not constitute an indebtedness of the park district within any
constitutional or statutory limitation.
The bonds shall be sold in such manner, to such persons and upon such
terms as the board shall determine. If they are issued to bear interest at
the rate of the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, they shall
be sold for not less than par and
accrued interest. If they are issued to bear interest at the rate of less
than the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, the minimum
price at which they
may be sold shall be such
that the interest cost to the park district of the proceeds of the bonds
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 1205/9.3-4) (from Ch. 105, par. 9.3-4)
Sec. 9.3-4.
Whenever revenue bonds are issued under Section 9.3-1 of this Article,
all revenue derived from the operation of the recreational facility shall
be deposited in a separate fund specifically designated by reference to the
type of facility of the park district. This fund shall be used only in
paying the cost of operation and maintenance of the specific facility, in
providing an annual depreciation fund, and in paying the principal of and
interest upon the revenue bonds of the district issued under Section 9.3-1
of this Article.
A depreciation fund is a fund for such replacements as may be necessary
from time to time for the continued effective and efficient operation of
the facility. Such fund shall not be allowed to accumulate beyond a
reasonable amount necessary for the purpose and shall not be used for
extensions to the facility.
(Source: P.A. 78-1256.)
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(70 ILCS 1205/9.3-5) (from Ch. 105, par. 9.3-5)
Sec. 9.3-5.
Each park district which issues bonds and acquires or constructs,
extends or improves indoor or outdoor recreational facilities under the
provisions of this Article shall charge for the use thereof at a rate which
at all times is sufficient to pay maintenance and operation costs,
depreciation, and the principal and interest on the bonds. Such district
may make, enact and enforce all needful rules and regulations for the
construction, acquisition, improvements, extension, management,
maintenance, care and protection of the facility and for the use thereof.
Charges or rates for the use of the facility shall be such as the board may
from time to time determine.
While any bond issued under Section 9.3-1 is outstanding such district
is required to maintain and operate the facility as long as it can do so,
out of the revenue derived from the operation thereof. It shall not sell,
lease, loan, mortgage or in any other manner dispose of the facility or
facilities until all of the bonds so issued have been paid in full, both
principal and interest, or until provision has been made for the payment of
all of the bonds and interest thereon in full.
Such park district shall install and maintain a proper system of
accounts, showing the amount of revenue received from the operation of the
facility. At least once each year, the district shall have the accounts
properly audited. A report of this audit shall be open for public
inspection at all times.
(Source: P.A. 78-1256.)
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(70 ILCS 1205/9.3-6) (from Ch. 105, par. 9.3-6)
Sec. 9.3-6.
The holder of any bond or of a coupon of any bond issued under Section
9.3-1 of this Article in any civil action, by mandamus, injunction or
other proceeding,
may enforce and compel performance of all duties required by Sections 9.3-1
through 9.3-5 of this Article. This shall include the duties of
establishing and collecting sufficient rates or charges for the use of the
facility for the purposes specified in Section 9.3-5 of this Article and
the application of the revenue thereof as provided by Section 9.3-4 of this
Article.
(Source: P.A. 83-345.)
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(70 ILCS 1205/Art. 10 heading) ARTICLE TEN.
POWERS (CONTINUED) SALES AND CONVEYANCE OF REAL ESTATE
|
(70 ILCS 1205/10-1) (from Ch. 105, par. 10-1)
Sec. 10-1.
Every park district shall retain and be vested with all power and
authority contained in "An Act to authorize the commissioners of park
districts to convey property to and lease property from the Federal
Government", approved November 21, 1933, as amended.
(Source: P.A. 77-554.)
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(70 ILCS 1205/10-3) (from Ch. 105, par. 10-3)
Sec. 10-3.
Every park district shall retain and be vested with all power
and authority contained in an act entitled "An Act to enable the board of
park commissioners of certain park districts to convey certain lands for
park and other purposes," approved June 25, 1917.
Nothing contained in this code shall be deemed to limit the rights and
powers conferred upon park districts to make and receive conveyances of
real estate under "An Act concerning the powers of certain municipal
corporations with respect to real estate," approved July 2, 1925, and the
power and procedure therein prescribed is hereby specifically reserved to
all park districts.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/10-4) (from Ch. 105, par. 10-4)
Sec. 10-4.
Any park district shall have the power to acquire by gift, grant
or purchase, real estate and lands for use as a site for an armory and to
convey, sell, donate, lease or rent real estate or lands so acquired and
any real estate or lands now owned by such park district to the State of
Illinois or to any proper agency thereof for use as a site for an armory,
but the park district shall have no power to divert any gift, grant or
legacy from the specific purpose designated by the donor.
Such district shall have power to acquire by lease or permit the right
to occupy and use real estate, land and riparian estates for park and
playground purposes and to improve, maintain and equip the same as a park
or playground, and to place permanent buildings and structures thereon.
Such district may by ordinance lease, for any period not exceeding
99 years, any tract or parcel of land of the park district to any
organization incorporated under the laws of this State as a corporation not
for pecuniary profit, as a site for a memorial to the military and naval
forces of this State and of the United States, provided that such organization shall be responsible for the maintenance of the memorial.
(Source: P.A. 98-312, eff. 8-12-13.)
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(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
Sec. 10-7. Sale, lease, or exchange of realty.
(a) Any park district owning and holding any real estate is authorized
(1) to
sell or lease that property to the State of
Illinois, with the State's consent, or
another unit of Illinois State or local
government for public use, (2) to
give the property to the State of Illinois if the property is contiguous to a
State park, or (3)
to lease that property upon the
terms and at the
price that the board
determines for a period not to exceed 99 years to any
corporation organized under the laws of this State, for
public
use. The grantee or lessee must covenant to hold and maintain
the property for public park or recreational purposes unless
the park district
obtains other real property of substantially the same size or larger and of
substantially the same or greater suitability for park purposes without
additional cost to the district.
In the case of property given
or sold under this subsection after January 1, 2002 (the effective date of Public Act 92-401) for which this covenant is required, the
conveyance must provide that
ownership of the property automatically reverts to the grantor if the grantee
knowingly violates the required covenant by allowing all or any part of the
property to be used for purposes other than park or recreational purposes.
Real estate given, sold, or leased to the State of Illinois under this
subsection (1) must be 50 acres
or more in size, (2) may not be located within the territorial limits of a
municipality, and (3) may
not be the site of a known environmental liability or hazard.
(b) Any park district owning or holding any real estate
is authorized to convey such property to a nongovernmental entity in exchange
for other real property of substantially equal or greater value as determined
by 2 appraisals of the property and of substantially the same or greater
suitability for park purposes without additional cost to such district.
Prior to such exchange with a nongovernmental entity, the park board shall
hold a public meeting in order to consider the proposed conveyance. Notice
of such meeting shall be published not less than 3 times (the first
and last publication being not less than 10 days apart) in a newspaper
of general circulation within the park district. If there is no such
newspaper, then such notice shall be posted in not less than 3 public places
in said park district and such notice shall not become effective until 10 days
after said publication or posting.
(c) Notwithstanding any other provision of this Act, this subsection (c)
shall apply only to park districts that serve
territory within a municipality having more than 40,000 inhabitants and
within a county having more than 260,000 inhabitants and bordering the Mississippi River. Any park district owning or holding
real estate is
authorized to sell that property to any not-for-profit corporation organized
under the laws of this State upon the condition that the corporation uses the
property for public park or recreational programs for youth. The park district
shall have the right of re-entry for breach of condition subsequent. If the
corporation stops using the property for these purposes, the property shall
revert back to ownership of the park district. Any temporary suspension of use
caused by the construction of improvements on the property for public park or
recreational programs for youth is not a breach of condition subsequent.
Prior to the sale of the property to a not-for-profit corporation, the park
board shall hold a public meeting to consider the proposed sale. Notice of the
meeting shall be published not less than 3 times (the first and last
publication being not less than 10 days apart) in a newspaper of general
circulation within the park district. If there is no such newspaper, then the
notice shall be posted in not less than 3 public places in the park district.
The notice shall be published or posted at least 10 days before the meeting. A
resolution to approve the sale of the property to a not-for-profit corporation
requires adoption by a majority of the park board.
(d) Real estate, not subject to such covenant or which has not been conveyed
and replaced as provided in this Section, may be conveyed in the manner
provided by Sections 10-7a to 10-7d hereof, inclusive.
(d-5) Notwithstanding any provision of law to the contrary and in addition to the means provided by Sections 10-7a, 10-7b, 10-7c, and 10-7d, real estate, not subject to a covenant required under subsection (a) or not conveyed and replaced as provided under subsection (a), may be conveyed to another unit of local government or school district if the park district board approves the sale to the unit of local government or school district by a four-fifths vote and: (i) the park district is situated wholly within the corporate limits of that unit of local government or school district; or (ii) the real estate is conveyed for a price not less than the appraised value of the real estate as determined by the average of 3 written MAI certified appraisals or by the average of 3 written certified appraisals of State certified or licensed real estate appraisers. (e) In addition to any other power provided in this Section, any park
district owning or holding real estate that the board deems is not required for
park or recreational purposes may lease such real estate to any individual or
entity and may collect rents therefrom. Such lease shall not exceed 4 and
one-half times the term of years provided for in Section 8-15 governing
installment purchase contracts.
(f) Notwithstanding any other provision of law, if (i) the real estate
that a park district with a population of 3,000 or less transfers by lease,
license, development agreement, or other means to any private entity is greater
than 70%
of the district's total property and (ii) the current use of the real estate
will
be substantially altered by that private entity, the real estate may be
conveyed only in the manner provided for in Sections 10-7a, 10-7b, and 10-7c.
(Source: P.A. 101-243, eff. 8-9-19; 101-322, eff. 8-9-19; 102-558, eff. 8-20-21.)
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(70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
Sec. 10-7a.
When any park district owns and holds such real estate, and
desires to sell the same under provisions of Section 10-7 hereof or to
transfer
real estate subject to subsection (f) of Section 10-7, the
board shall, by four-fifths vote, adopt a resolution describing such
property and in and by said resolution find and declare that said property
is no longer needed or useful for park purposes and that it intends to sell
or transfer the same. After said resolution has been adopted the same shall
be
published not less than 3 times (the first and last publication
being
not less than 10 days apart) in a newspaper published and of general
circulation within the park district, if there be such a paper. If there be
no such newspaper, then publication shall be in some newspaper of general
circulation in such district, if any, or if none, then such resolution
shall be posted in not less than 3 public places in said park
district
and said resolution shall not become effective until 10 days after
said
publication or posting.
(Source: P.A. 91-918, eff. 7-7-00.)
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(70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
Sec. 10-7b.
Such property, subject to the provisions of Section 10-7a, shall
not
be sold or transferred unless the sale or transfer thereof is approved
by a
majority of the voters
of said park district voting on the question at a regular election.
(Source: P.A. 91-918, eff. 7-7-00.)
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(70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
Sec. 10-7c.
Upon the completion of the publication required by Section 10-7a
the board shall either abandon said sale or transfer or certify the question to
the proper election officials, who shall submit the question of selling or
transferring said property to the voters of said park district at a regular
election in accordance to the general election law. The proposition shall be in
substantially the following form:
Shall the.... park district(sell or transfer) the YESfollowing real estate.... (here describe land proposed NOto be sold or transferred)?
Notice of such referendum shall be given and said referendum shall be
conducted in the manner provided by the general election law, but such notice
shall describe the property to be sold.
If a majority of the electors voting on the question vote in the
affirmative, the park district may thereafter sell or transfer the real
estate.
(Source: P.A. 91-918, eff. 7-7-00.)
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(70 ILCS 1205/10-7d) (from Ch. 105, par. 10-7d)
Sec. 10-7d.
If a majority of the voters in any park district voting on the
question at a referendum held for that purpose votes in favor
of selling such property under Sections 10-7 to 10-7d hereof,
inclusive, the governing board shall, proceed to sell such property at
public auction after first giving two weeks' notice of the time and
place and terms of said sale by notice published two successive weeks,
once each week, the first publication to be not less than fifteen days
prior to the date fixed for said sale, in a newspaper published and of
general circulation in said district, if there be such a newspaper. If
there be no such newspaper, then such publication may be had in a
newspaper of general circulation in the district, if any, or if none,
then by posting in not less than ten public places in such district.
Said board shall sell said property to the highest responsible bidder at
said auction and notice of sale shall be in substantially the following
form:
NOTICE OF SALE
Notice is hereby given that on (insert date), the .... Park District will sell at public sale at .... at the hour
of .... o'clock ...M. the following described property:
(Here describe property)
The terms of the sale shall be as follows:
(Here insert terms upon which property shall be sold). By order of
the Board of .... Park District.
.... (President of .... Park District)
Prior to directing notice for sale the board shall adopt a resolution
fixing the time for the sale, specifying the terms of the sale which
shall not be less than one-third of the purchase price in cash and the
balance in 2 equal payments due not more than 6 months and 12 months
from date of sale.
In the event no bids are received at such sale, said property may,
without another referendum on such question, again be advertised for
sale at any time within 12 months from date of the first sale, in the
manner hereinabove provided. The Board may reserve the right to reject
any or all bids and advertise for resale. In the event said property is
not sold within 12 months from date of the first public sale, said
property shall not be sold until a new resolution is adopted with new
opportunity for referendum on such question by the voters.
Any deed, subject to the provisions of Sections 10-7a to this Section
10-7d, inclusive, shall be executed by the president and secretary of
the district and shall be deposited in escrow with the treasurer of said
district, and shall not be released to the purchaser of said property or
recorded until the purchase price therefor has been deposited in full
with said treasurer. Any proceeds derived from the sale of such property
shall become a part of the general corporate funds of said district.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 1205/Art. 11 heading) ARTICLE ELEVEN.
POWERS (CONTINUED) DISTRICTS ABUTTING PUBLIC WATERS
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(70 ILCS 1205/11-1) (from Ch. 105, par. 11-1)
Sec. 11-1.
Nothing in this code shall be deemed to repeal "An Act to
enable park commissioners having control of a park or parks bordering upon
public waters in this state, to enlarge and connect the same from time to
time by extensions over lands and the bed of such waters and defining the
use which may be made of such extensions, and granting lands for the
purpose of such enlargements", approved May 14, 1903, as amended, or
"An Act to enable park commissioners having control of any boulevard or
driveway bordering upon any public waters in this state to extend the
same", approved June 4, 1889, or
"An Act to enable cities, towns, and villages having control of lands
bordering upon public waters and riparian rights appurtenant thereto to
grant, convey, or release the same for park purposes to park commissioners,
park boards, or boards of park commissioners and to make agreements with
park commissioners, park boards or boards of park commissioners for the
reclamation of submerged lands under such public waters for park purposes",
approved June 29, 1915, but said acts shall be available to and the
powers, rights and duties therein confirmed shall apply to all park
districts under this code which have heretofore acquired or shall hereafter
acquire control over any lands bordering upon any public waters in this
state and the riparian rights appurtenant thereto.
(Source: P.A. 83-333.)
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(70 ILCS 1205/11-2) (from Ch. 105, par. 11-2)
Sec. 11-2.
When any park district borders upon any navigable body of water,
the title to the bed or submerged land of which is vested in the State of
Illinois, said district may take possession of, enclose, fill in, reclaim
and protect any portion of such submerged land bordering thereon, over
which there shall be shoal and shallow water not fit for navigation and
shall have the power to establish, construct and maintain parks and
boulevards over and upon the same, and all right, title and interest of the
State of Illinois in and to the bed or submerged land of such body of water
so taken possession of, enclosed, filled in and reclaimed is hereby granted
and ceded to such park district and the title thereto shall vest in such
park district to be held for the use and benefit of the public as a part of
said park district for park and boulevard purposes exclusively, and said
district shall have power for the purpose of reclaiming such submerged land
and protecting the same thereafter, to construct all necessary
break-waters, or protection for the building and maintenance of such parks
and boulevards, and the enclosing or reclamation of such submerged lands.
Any such submerged lands so enclosed and reclaimed as aforesaid shall
forever be held and maintained for park and boulevard purposes and no
portion thereof shall ever be granted or ceded away by any district for any
purpose, and in case the same should ever cease to be used for park or
boulevard purposes, then the title to the same shall revest in the State of
Illinois, together with all the improvements thereon and the appurtenances
thereof.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/11-3) (from Ch. 105, par. 11-3)
Sec. 11-3.
Whenever the land so taken possession of, enclosed, filled in,
and reclaimed under Section 11-2 shall lie along property not belonging to
such district, and by the taking possession of, enclosing and filling in
such submerged land, such property shall be shut off from its access to
such body of water and shall be injuriously affected thereby, such district
shall pay all damages arising to such property therefrom, and in case the
same cannot be agreed upon, they shall be ascertained in the manner
hereinbefore provided for the acquiring of property for such district by
condemnation proceedings.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/11-4) (from Ch. 105, par. 11-4)
Sec. 11-4.
Subject to the provisions of Section 1 of "An Act
to define the powers of members of police forces established
and maintained by park districts", approved April 29, 1931, as
now or hereafter amended, whenever any park district is located
along any such
navigable body of water as set forth in Section 11-2, the right is
hereby given to the corporate authorities thereof to take charge of,
control and police such body of water and the land thereunder for a
distance of three hundred feet along any park, boulevard or pleasure
drive constructed by it and bordering thereon.
(Source: P.A. 80-414.)
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(70 ILCS 1205/11-5) (from Ch. 105, par. 11-5)
Sec. 11-5.
Nothing in Section 11-2 to 11-4 inclusive shall be construed
as granting to any such district the right to interfere with the navigation
of any navigable body of water or to shut off the access to any public dock
or landing thereon, or to shut off the access of public highways or streets
to such body of water at reasonable intervals in each municipality
bordering thereon in said district.
(Source: Laws 1951, p. 113.)
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(70 ILCS 1205/Art. 11.1 heading) ARTICLE 11.1
POWERS (CONTINUED) OPERATION AND MAINTENANCE OF HARBORS FOR
RECREATIONAL PURPOSES
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(70 ILCS 1205/11.1-1) (from Ch. 105, par. 11.1-1)
Sec. 11.1-1.
The term "harbor", as used in this article includes
harbors, marinas, slips, docks, piers, breakwaters, and all buildings,
structures, facilities, connections, equipment, parking areas and all
other improvements for use in connection therewith.
The term "public waters" has the same meaning as the term defined in
Section 18 of "An Act in relation to the regulation of rivers, lakes and
streams of the State of Illinois", approved June 10, 1911, as heretofore
or hereafter amended.
The term "artificially made or reclaimed land", as used in this
article, includes all land which formerly was submerged under the public
waters of the State, the title to which is in the State and which has
been artificially made or reclaimed in whole or in part.
(Source: Laws 1959, p. 642.)
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(70 ILCS 1205/11.1-2) (from Ch. 105, par. 11.1-2)
Sec. 11.1-2.
Any park district bordering upon any public waters has the
power to acquire, construct, replace, enlarge, improve, maintain and operate
a harbor for recreational use and benefit of the public anywhere within
the jurisdiction of the park district, or in, over, and upon public waters
bordering thereon, subject to the approval of the Department of Natural
Resources of the State of Illinois and approval of the
proper officials of the United States Government.
(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 1205/11.1-3) (from Ch. 105, par. 11.1-3)
Sec. 11.1-3. A park district, to carry out the purposes of this Article,
has all the rights and powers over its harbor as it does over its other
property, and its rights and powers include but are not limited to the
following:
(a) To furnish complete harbor facilities and services, including but
not limited to: launching, mooring, docking, storing, and repairing
facilities and services; parking facilities for motor vehicles and boat
trailers; and roads for access to the harbor.
(b) To acquire by gift, legacy, grant, purchase, lease, or by
condemnation in the manner provided for the exercise of the right of
eminent domain under the Eminent Domain Act any property necessary or appropriate for the purposes of this
Article, including riparian rights, within or without the park district.
(c) To use, occupy and reclaim submerged land under the public waters of
the State and artificially made or reclaimed land anywhere within the
jurisdiction of the park district, or in, over, and upon bordering public
waters.
(d) To acquire property by agreeing on a boundary line in accordance
with the procedures set forth in Sections 11-123-8 and 11-123-9 of the
Illinois Municipal Code, as amended.
(e) To locate and establish dock, shore and harbor lines.
(f) To license, regulate, and control the use and operation of the
harbor, including the operation of all water-borne vessels in the harbor
and within 1000 feet of the outer limits of the harbor, or otherwise within
the jurisdiction of the park district, except that such park district shall
not forbid the full and free use by the public of all navigable waters, as
provided by Federal Law.
(g) To charge and collect fees for all facilities and services, and
compensation for materials furnished.
(h) To appoint harbor masters and other personnel, defining their duties
and authority.
(i) To enter into contracts and leases of every kind, dealing in any
manner with the objects and purposes of this Article, upon such terms and
conditions as the park district determines.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 1205/11.1-4) (from Ch. 105, par. 11.1-4)
Sec. 11.1-4.
The park district shall submit its plan for any construction
to be undertaken under this Article for approval to: (a) the Department
of Natural Resources of the State of Illinois, and to
(b) the proper officials of the United States Government.
(Source: P.A. 89-445, eff. 2-7-96.)
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(70 ILCS 1205/11.1-5) (from Ch. 105, par. 11.1-5)
Sec. 11.1-5.
All right, title and interest of the State of Illinois in and
to submerged lands, naturally and artificially made or reclaimed lands,
both within the boundaries of the harbor and adjoining its outer or water
side, are vested in the park district for harbor and other public purposes,
and the same shall be a part of the public park under the jurisdiction of
the park district. The harbor, and all real and personal property connected
therewith, owned and operated by a park district under the provisions of
this Article, are exempt from taxation.
(Source: Laws 1959, p. 642.)
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(70 ILCS 1205/11.1-6) (from Ch. 105, par. 11.1-6)
Sec. 11.1-6.
The park district has power to borrow money by issuing its bonds in
anticipation of its revenue from such harbor or from any buildings,
structures or facilities to accomplish any of the purposes of this Article
and to refund such bonds. Such bonds shall be authorized by ordinance and
may be issued in one or more series, and bear dates of maturity at such
time or times not to exceed 40 years from their respective dates, bear
interest at such rates 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, be in such denominations, be in such form either coupon or
registered, be executed in such manner, be payable in such medium of
payment at such place, be subject to such terms of redemption with or
without premium, and may be registrable as to principal or as to both
principal and interest as the ordinance may provide.
The bonds are negotiable instruments.
The bonds shall be sold at a price so that the interest cost of the
proceeds thereof shall not exceed the maximum applicable interest rate per
annum, payable semi-annually, computed to maturity according to standard
tables of bond values, and shall be sold in such manner and at such time as
the Park Commissioners shall determine.
Pending the preparation or execution of definitive bonds, interim
receipts or certificates or temporary bonds may be delivered to the
purchasers or pledgees of these bonds. These bonds bearing the signature of
officers in office on the date of the signing thereof shall be valid and
binding obligations notwithstanding that before delivery thereof and
payment therefor any or all of the persons whose signatures appear thereon
cease to be such officers.
No holder of any bond issued under this law shall ever have the right to
compel any exercise of taxing power of the park district to pay the bond or
interest thereon. Each bond issued under this Article is payable solely
from the revenue derived from the operation of the harbor and facilities.
The bond shall not in any event constitute a debt of the park district
within any statutory or constitutional limitations, and this shall be
plainly stated on the face of each bond.
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 1205/11.1-7) (from Ch. 105, par. 11.1-7)
Sec. 11.1-7.
The Park Commissioners of any park district availing
under this Article shall adopt an ordinance describing in a general way
the harbor and facilities thereof, or relating thereto, to be acquired,
constructed, enlarged, improved, operated and maintained as a harbor for
the use and benefit of the public, and refer to the general plans and
specifications therefor prepared for that purpose. These plans and
specifications shall be open to the inspection of the public. Any such
ordinance shall set out the estimated cost of the harbor or facilities
thereof, or relating thereto, and shall fix the maximum amount of
revenue bonds proposed to be issued therefor. This amount shall not
exceed the estimated cost of the harbor and facilities, including
engineering, legal and other expenses, together with interest cost to a
date 12 months subsequent to the estimated date of completion. Such
ordinance may contain such covenants which shall be part of the contract
between the park district and the holders of such bonds and the Trustee,
if any, for the bondholders having such rights and duties as may be
provided therein for the enforcement and protection of such covenants as
may be deemed necessary and advisable as to:
(a) The issuance of additional bonds that may | ||
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(b) The regulations as to the use of any such harbor | ||
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(c) Kind and amount of insurance to be carried, | ||
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(d) Operation, maintenance, management, accounting | ||
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(e) The obligation of the park district to maintain | ||
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(f) Providing for setting aside any sinking funds, | ||
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(g) Providing for the setting aside of a sinking fund | ||
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(h) Agreeing to fix and collect fees and rents and | ||
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(i) Fixing procedure by which the terms of any | ||
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(j) Providing the procedure for refunding such bonds;
(k) Providing whether and to what extent and upon | ||
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(l) Such other covenants as may be deemed necessary | ||
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The Park Commissioners may enter into a trust agreement to secure
payment of the bonds issued hereunder.
After the ordinance has been adopted, it shall within 10 days after
its passage be published once in a newspaper published and having a
general circulation in the park district, or, if there is no such
newspaper, then in a newspaper having a general circulation in the
county wherein such district, or the greater or greatest portion in area
of the district, lies. The publication or posting of the ordinance shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the adoption of the ordinance be
submitted to the electors of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum. The
Secretary of the governing board of the park district shall provide a
petition form to any individual requesting one.
If no valid petition requesting a referendum is filed with the secretary
of the district within 30 days after the publication of the ordinance, the
ordinance shall be in effect.
However, if within 30 days after the publication of the ordinance a
petition is filed with the secretary of the district signed by electors
of the district equal to 10% or more of the number of registered voters in
the district, asking that the question of acquiring and operating or
constructing and operating such harbor project and the issuance of the
bonds for the harbor project be submitted to the electors of the district,
the board shall certify such question to the proper election officials, who
shall submit that question at an election held in the district.
The proposition shall be in the following form:
Shall the.... Park District YESissue Revenue Bonds for acquiring (or constructing) a harbor? NO
Notice of such referendum shall be given and such referendum conducted in
the manner as provided by the general election law.
If a
majority of the electors voting upon that question voted in favor of
acquiring and operating or constructing and operating the harbor and the
issuance of the bonds, the ordinance shall be in effect, otherwise the
ordinance shall not go into effect.
(Source: P.A. 87-767.)
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(70 ILCS 1205/11.1-8) (from Ch. 105, par. 11.1-8)
Sec. 11.1-8.
Whenever revenue bonds are issued and outstanding under this
law, the entire revenue received from the operation of the harbor or
facilities shall be deposited in a separate fund which shall be used only
in paying the principal and interest of these revenue bonds and reserves
therefor and the cost of maintenance, operation and depreciation of the
harbor and facilities in such order of priority as shall be provided by the
respective ordinances authorizing revenue bonds, provided, however, no
priority accorded by such an ordinance may be impaired by a subsequent
ordinance authorizing revenue bonds unless specifically so permitted by a
covenant of the kind authorized to be included in an ordinance by Section
11.1-7. Such revenue in excess of requirements for payment of principal of
and interest upon these bonds and reserves and for payment of cost of
maintenance, operation and depreciation of the harbor and facilities may be
used for rehabilitation of the harbor and facilities, necessary
reconstructions and expansion, construction of new facilities or for
retirement of any outstanding bonds issued for harbor purposes. After all
such bonds have been paid, such revenues may be transferred to the general
corporate fund of the park district and be used for the maintenance,
operation, repair and development of the harbor or facilities or for any
corporate purpose.
(Source: Laws 1959, p. 642.)
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(70 ILCS 1205/11.1-9) (from Ch. 105, par. 11.1-9)
Sec. 11.1-9.
The park district has the power to secure grants and loans, or
either, from the United States Government, or any agency thereof, for
financing the planning, establishment and construction, enlargement and
improvement of any harbor or any part thereof, authorized by this law. For
such purposes it may issue and sell or pledge to the United States
Government, or any agency thereof, all or any part of the revenue bonds
authorized under this law, and execute contracts and documents and do all
things that may be required by the United States Government, or any agency
thereof, provided that such contracts and documents do not conflict with
the provisions of any ordinance authorizing and securing the payment of
outstanding bonds of the park district theretofore issued that are payable
from the revenues derived from the operation of the harbor or facilities.
(Source: Laws 1959, p. 642.)
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(70 ILCS 1205/11.1-10) (from Ch. 105, par. 11.1-10)
Sec. 11.1-10.
The State and all counties, cities, villages, incorporated
towns and other municipal corporations, political subdivisions and public
bodies, and public officers of any thereof, all banks, bankers, trust
companies, savings banks and institutions, building and loan associations,
savings and loan associations, investment companies and other persons
carrying on a banking business, all insurance companies, insurance
associations and other persons carrying on an insurance business, and all
executors, administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, moneys or other funds belonging to them
or within their control in any bonds, including refunding bonds, issued
pursuant to this law, it being the purpose of this section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers; provided, however, that nothing
contained in this section may be construed as relieving any person, firm,
or corporation from any duty of exercising reasonable care in selecting
securities for purchase or investment.
(Source: Laws 1959, p. 642.)
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(70 ILCS 1205/Art. 11.2 heading) ARTICLE 11.2
WORKING CASH FUND
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(70 ILCS 1205/11.2-1) (from Ch. 105, par. 11.2-1)
Sec. 11.2-1.
In each park district a fund to be known as a "Working
Cash Fund" may be created, set apart, maintained and administered in the
manner prescribed in this Article, for the purpose of enabling the district
to have in its treasury at all times sufficient money to meet demands thereon
for ordinary and necessary expenditures for corporate purposes.
(Source: P.A. 98-756, eff. 7-16-14.)
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(70 ILCS 1205/11.2-2) (from Ch. 105, par. 11.2-2)
Sec. 11.2-2.
For the purpose of providing monies for a working cash fund,
the governing board of any park district may levy an annual tax, known
as the "working cash fund tax", for any 4 years
only on all the taxable property of their district
at a rate not to exceed .025% of the value, as equalized or assessed by
the Department of Revenue, to provide monies for the working
cash fund. Prior to the levy and collection of such a tax, a park district
shall adopt a resolution authorizing the levy and collection of the tax,
and, within ten days after the adoption of such a resolution, it shall be
published once in a newspaper published and having a general circulation
in the park district, or, if there is no such newspaper, then in some newspaper
having a general circulation in the county wherein such district or the
greater or greatest portion in area of said district lies.
The publication or posting of the resolution shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the resolution be submitted to the
electors of the district; (2) the time in which the petition must be filed;
and (3) the date of the prospective referendum.
The Secretary of the governing board of the park district shall provide
a petition form to any individual requesting one.
If no valid petition is filed with the Secretary of the Board, as hereinafter
provided in this Section, within 30 days after the publication of the
resolution, the resolution shall be in effect. But, if within that 30 day
period a petition is filed with the Secretary of the Board, signed by
electors in the district numbering 10% or more of the number of registered
voters in the district, asking that the question of levying and collecting
such tax be submitted to the electors of the district, the board shall
certify the proposition to the proper election officials for submission at
the next election in accordance with the general election law. If a
majority of electors voting upon the question voted in favor of the levy
and collection of the tax provided for, such district shall be authorized
and empowered to levy and collect such tax annually for any 4 years only,
but if a majority of the electors voting upon the question are not in favor
thereof, the resolution shall not take effect.
The collection of a tax levied under this Section shall not be anticipated
by the issuance of any warrants drawn against the tax. The tax shall be
levied and collected, except as otherwise provided in this Section, in like
manner as the general taxes of the district, shall be in addition to the
maximum of all other taxes now or hereafter to be levied for park purposes,
and may be levied by separate resolution by the last Tuesday in September
in each year.
No tax levied as provided under this Section shall be invalid by reason
of the fact that any step required for such a levy under this Section was
taken before October 1, 1976 if such required step was taken on or after
August 12, 1976.
(Source: P.A. 87-767.)
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(70 ILCS 1205/11.2-3) (from Ch. 105, par. 11.2-3)
Sec. 11.2-3.
This Section shall not apply in any park district which
does not operate a working cash fund.
All monies received from any tax levied pursuant to this Article
shall be set apart in the working cash fund 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 current assets available for
appropriation nor appropriated by the governing board in the annual
appropriation ordinance. The governing board may appropriate monies 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 monies with which to
meet ordinary and necessary disbursements for salaries and other
corporate purposes, such fund and the monies therein may be
transferred in whole or in part to the
general corporate fund of the park district and so disbursed therefrom
in anticipation of the collection of taxes lawfully levied for general
corporate 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. Monies so transferred shall be deemed to be
transferred in anticipation of the collection of that part of the taxes
so levied or to be received which is in excess of the amount thereof
required to pay any warrants and the interest thereon theretofore and
thereafter issued in anticipation of the collection thereof and such
taxes levied for general corporate purposes when collected shall be
applied first, to the payment of any such warrants and the interest
thereon, to
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 such working cash fund as
hereinafter provided.
Upon receipt by the park district of any taxes in anticipation of the
collection whereof moneys of the working cash fund have been so
transferred for disbursement, the fund shall immediately be reimbursed
therefrom until the full amount so transferred has been retransferred to
the fund. Unless the taxes so received and applied to the reimbursement
of the working cash fund prior to the first day of the eighth month
following the month in which due and unpaid real property taxes begin to
bear interest are sufficient to effect a complete reimbursement of such
fund for any moneys transferred therefrom in anticipation of the
collection of such taxes, the working cash fund shall be reimbursed for
the amount of the deficiency therein from any other revenues accruing to
the general fund, and the governing board shall make provisions for the
immediate reimbursement of the amount of any such deficiency in its next
annual tax levy.
(Source: P.A. 85-459.)
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(70 ILCS 1205/11.2-4) (from Ch. 105, par. 11.2-4)
Sec. 11.2-4.
This Section shall not apply in any park district which
does not operate a working cash fund. Monies shall be transferred from
the working cash fund to the general funds of the district only upon the
authority of the governing board which shall from time to time by
separate resolution direct the 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 in anticipation
of which such transfer is to be made and from which the working cash
fund is to be reimbursed; (b) the entire amount of taxes extended or
which the governing 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 amount of interest accrued or which the governing
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
monies theretofore transferred from the working cash fund to the general
corporate fund of the district in anticipation of the collection of such
taxes. The amount which any such resolution shall direct the treasurer
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 or notes theretofore drawn against such taxes
and the amount of interest accrued and estimated to accrue thereon and
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
the aggregate amount of such transfers to be made in anticipation of the
collection of such taxes shall not exceed 75% of the actual or estimated
amount of such taxes extended or to be extended or to be received as set
forth in such resolution. At any time moneys are available in the
working cash fund they shall be transferred to the general funds of the
district 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.
Temporarily idle monies in the working cash fund may be invested as
directed by the governing board of the park district, and the interest
earnings on such investments may, at the option of the board, be either
transferred permanently to the general corporate fund or be allowed to
remain in the working cash fund. If such interest earnings remain in
the working cash fund, they will serve to increase the balance of the
working cash fund available for loans, but in no event may the balance
of that fund be allowed to exceed the statutory maximum for the fund
established in this Section.
(Source: P.A. 81-1506.)
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(70 ILCS 1205/11.2-5) (from Ch. 105, par. 11.2-5)
Sec. 11.2-5.
Any member of the governing board of any park district to
which this Article is applicable, or any other person holding any office,
trust, or employment under such park district who wilfully violates any
of the provisions of this Article shall be guilty of a business offense
and fined not exceeding $10,000, and shall forfeit his or her right
to his or her 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 the working cash fund or otherwise used, to be
recovered by such park district or by any taxpayer in the name and for the
benefit of such park district in an appropriate civil action;
provided that the taxpayer shall file a
bond for all costs and be liable for all costs taxed against the park district
in such action, and judgment shall be rendered accordingly.
Nothing herein shall bar any other judicial remedies.
(Source: P.A. 83-345.)
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(70 ILCS 1205/11.2-6) (from Ch. 105, par. 11.2-6)
Sec. 11.2-6.
If any park district which has created a working cash
fund under this Act abates or abolishes that fund, that park district may
not again create such a working cash fund until at least 10 years have elapsed
after the date that fund was abated or abolished. No such working cash
fund shall be abated or abolished unless the governing board of the park
district has by adoption of a resolution provided and directed the transfer
of any balance in such fund to the general corporate fund of the district
at the close of the then current year. Any outstanding loans shall be paid
to the general funds of the district at the close of the then current year.
Thereafter, all outstanding taxes of such park district levied pursuant
to this Article shall be collected and paid into the general funds of the
district. Any obligation incurred by such park district pursuant to this
Article shall be discharged as therein provided.
(Source: P.A. 79-1379.)
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(70 ILCS 1205/Art. 12 heading) ARTICLE 12.
REPEAL AND SAVING
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(70 ILCS 1205/12-1) (from Ch. 105, par. 12-1)
Sec. 12-1.
The following Acts are hereby repealed:
"An Act to provide for disconnecting territory from park districts
organized under and by virtue of 'An Act to provide for the organization of
park districts and the transfer of submerged lands to those bordering on
navigable bodies of water, approved June 24, 1895'", approved June 28, 1915;
"An Act to provide for the creation of pleasure driveway and park
districts", approved June 19, 1893, as amended;
"An Act to enable the corporate authorities of public park districts to
issue bonds for the purpose of aiding the connection of park or parks under
their control with other park or parks and to provide for the payment of
such bonds", approved June 28, 1919;
"An Act to provide for the organization of park districts and the
transfer of submerged lands to those bordering on navigable bodies of
water", approved June 24, 1895, as amended;
"An Act to authorize park districts organized under 'An Act to provide
for the organization of park districts and the transfer of submerged lands
to those bordering on navigable bodies of water', approved June 24, 1895,
in force July 1, 1895, as amended, to sell real estate owned and held by
said districts no longer needed or useful for park districts", approved June 18, 1937;
"An Act concerning the validation of the annexation of lands to park
districts in certain cases", approved July 8, 1937;
"An Act to validate the proceedings heretofore had in connection with the
authorization of certain bonds of park districts to permit the sale and
delivery of such bonds and to validate any such bonds heretofore
delivered", filed July 21, 1939;
"An Act to validate certain bonds issued by park districts organized
under 'An Act to provide for the organization of park districts and the
transfer of submerged land to those bordering on navigable bodies of
water', approved June 24, 1895, as amended", filed June 21, 1940;
"An Act to establish and maintain parks and parkways in towns and
townships" approved May 29, 1911, as amended;
"An Act authorizing park districts to acquire, establish, construct,
maintain and operate airdromes, airports and landing fields for aircraft
and authorizing the exercise of the power of eminent domain, permitting the
levy of a tax, and issuance of the bonds therefor", approved June 10, 1929,
as amended;
"An Act to validate proceedings heretofore had in connection with the
acquisition, establishment, construction, maintenance, and operation of
airdromes, airports, and landing fields by park districts and the levying
of additional taxes therefore", approved June 12, 1940;
"An Act authorizing certain park districts to construct and operate a
natatorium or swimming pool; to charge for the use of the same and to
provide for the cost thereof by issuing bonds payable solely from revenue
derived from the operation thereof", approved August 15, 1941.
"An Act to validate the organization of certain park districts and the
proceedings conducted and elections held in relation thereto," approved
April 22, 1941.
(Source: Laws 1947, p. 1292.)
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(70 ILCS 1205/12-2) (from Ch. 105, par. 12-2)
Sec. 12-2.
The provisions for repeal in this article shall not in any way
1- Affect any offense committed; any act done; a penalty, punishment or
forfeiture incurred; or a claim, right, power, or remedy accrued under any
law in force prior to the effective date of this Act;
2- Invalidate any act or proceeding that has been validated by any
former law;
3- Affect the adoption by any park district or other governmental unit
of any act in force prior to the effective date of this Act;
4- Increase the penalty or punishment for any offense committed prior to
the effective date hereof;
5- Affect any suits pending or rights existing at the time this act
takes effect;
6- Affect any grant or conveyance made or cause of action now existing;
7- Affect the validity of any bonds or other obligations issued or sold
and constituting valid obligations of the issuing authority at the time
this act takes effect;
8- Affect the validity of any tax levied under any law in effect prior
to the effective date of this act.
(Source: Laws 1947, p. 1292.)
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(70 ILCS 1205/Art. 13 heading) ARTICLE 13.
DISSOLUTION
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(70 ILCS 1205/13-1) (from Ch. 105, par. 13-1)
Sec. 13-1.
A park district may be dissolved in the following manner:
Whenever legal voters in the district, equal to two-thirds of the vote
cast at the last preceding park district election for the commissioner who
received the greatest number of votes, but not less than 20% of the legal
voters of the district, petition the board of the park district for
submission of the question whether the park district will dissolve its
incorporation, the board shall (1) certify that question to the proper
election officials for submission to the legal voters of the district, (2)
designate the election at which the question is to be submitted, and (3)
give notice of the referendum as required by the general election law.
(Source: P.A. 87-592.)
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(70 ILCS 1205/13-2) (from Ch. 105, par. 13-2)
Sec. 13-2.
The proposition shall read substantially as
follows:
Shall the park YESdistrict known as.... be dissolved? NO
The election shall be conducted in the manner provided by the general election
law and the board of the district, shall
have the results entered upon the records of the district.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/13-3) (from Ch. 105, par. 13-3)
Sec. 13-3.
If two-thirds of the votes cast on the proposition are in favor of the
proposal to dissolve the district, the district is dissolved. If the
proposal that the district be dissolved fails to receive the affirmative
vote of two-thirds of those voting upon the proposal, the board of the
district shall proceed with the affairs of the district as though the
election had never been held. After a defeat, the proposition shall not
be submitted to a vote for a period of 2 years.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/13-4) (from Ch. 105, par. 13-4)
Sec. 13-4.
If the vote is in favor of a voluntary dissolution of the park
district, there shall be no further elections for or appointment of members
of the board of the district. The officers acting at the time of the vote
shall close up the affairs of the district and make the necessary
conveyances of the property of the district. They may levy and collect
taxes for the purpose of paying the debts and obligations of the district,
but they shall not create any new obligation against the district.
(Source: Laws 1963, p. 915.)
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(70 ILCS 1205/13-5) (from Ch. 105, par. 13-5)
Sec. 13-5.
All money remaining after the business affairs of the park
district have been closed up and all the debts and obligations of the
district have been paid, shall be paid to the school treasurer for the
township in which the park district, or the greater part thereof, was
situated. This money shall become a part of the school fund of the school
district in which the park district was situated. If the park district was
situated in more than one school district, the trustees of schools for the
specified township shall direct the treasurer for that township to
distribute and credit the fund to the specified districts, in the same
proportion as the amounts of the assessed valuation of property in these
districts, according to the last assessment in these districts, bear to
each other.
(Source: Laws 1963, p. 915.)
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(70 ILCS 1205/13-6) (from Ch. 105, par. 13-6)
Sec. 13-6.
If the vote is in favor of dissolution, the acting board
of the dissolved park district shall, within 10 days after the referendum,
file a notice of the result of the referendum with the
county clerk of the
county in which the dissolved park district was situated, or, if the
district was situated in more than one county, with the county clerk of
each county in which any part of the district was situated.
(Source: P.A. 81-1489.)
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(70 ILCS 1205/13-7) (from Ch. 105, par. 13-7)
Sec. 13-7.
After the acting officers of the dissolved park district (1)
have paid all of the debts and obligations of the district, (2) have closed
up all of the business of the district, and (3) the surplus money, if any,
has been paid to the school treasurer for the proper township, then the
acting officers of the district shall file with the county clerk or clerks
designated in Section 13-6, a statement under oath showing all of the
closing up transactions. When this statement is filed, the duty to close up
the district business is terminated, and all the officers of the district,
whether the terms for which they were elected have expired or not, shall
thereupon cease to have any power or authority.
(Source: Laws 1963, p. 915.)
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(70 ILCS 1205/13-8) (from Ch. 105, par. 13-8)
Sec. 13-8.
In addition to the method of dissolution provided in other
sections of this Article, any park district situated wholly within the
corporate limits of a city, village or incorporated town (hereinafter
called a "municipality") may be dissolved and discontinued with the
consent of a majority of the legal voters of both the park district and
the municipality concerned. The vote of the people of the park district
and of the municipality may be had upon like petition, proceedings, and
referendum as is provided in Section 13-1 of this Code.
If a majority of the legal voters of the municipality concerned vote
to concur in the dissolution of the park district, then all members of
the board of the district, whether their terms have expired or not,
shall cease to have any power or authority, and all parks and all other
property owned or controlled by the park district shall vest in and be
controlled by the municipality. For the purpose of closing up the
business of the park district, the corporate authorities of the
municipality shall constitute the acting board for such district and
shall act without compensation. They shall proceed to close up the
business affairs of such park district and shall have all the powers of
the former board of such district, before dissolution, that are
necessary therefor, and shall have power to levy taxes for the purpose
of paying outstanding debts, obligations or liabilities, and the
necessary expenses of closing up the business of the park district.
If, subsequent to the dissolution of a park district under this
Section a new park district coterminous with the municipality is
organized as the result of a petition filed within one year after such
dissolution, all the parks and other property that vested in the
municipality as a result of such dissolution shall thereupon vest in the
newly organized park district, and the newly organized park district
shall succeed to all the outstanding rights and obligations of the
dissolved district, and the power and authority of the corporate
authorities of the municipality with respect to the affairs of the
dissolved district shall terminate.
(Source: P.A. 88-426.)
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(70 ILCS 1205/13-9a) (from Ch. 105, par. 13-9a)
Sec. 13-9a.
A park district, the board of commissioners of which has failed
to perform the duties and functions imposed upon it subsequent to its
organization may be dissolved in the following manner:
1% of the legal voters in the district shall file a petition with the
clerk of the circuit court of the county in which the park district, or the
predominant portion thereof, shall be located requesting the dissolution of
the park district. Such petition shall clearly define the territory
embraced in such district and shall set forth the name of the district
together with such facts as shall establish that subsequent to the date of
organization of the park district, and within the period of five (5) years
immediately prior to the filing of the petition the board of park
commissioners has (1) failed to hold regular meetings of the board, (2)
failed to acquire and maintain land and facilities for park purposes within
the district, (3) failed to organize and supervise a planned program of
recreation, (4) failed to pass an annual appropriation ordinance and to
levy taxes for the purposes of the district, and (5) failed to perform the
duties and functions imposed upon it by law.
(Source: Laws 1965, p. 2535.)
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(70 ILCS 1205/13-9b) (from Ch. 105, par. 13-9b)
Sec. 13-9b.
Upon the filing of a petition for dissolution under Section
13-9a the circuit judge shall set a date and time for a public hearing
thereon. Notice of the time and place of such hearing shall be given by the
clerk of the circuit court at least twenty (20) days prior to the date
fixed for such hearing by at least one publication thereof in one or more
daily or weekly newspapers having a general circulation within the park
district.
(Source: Laws 1965, p. 2535.)
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(70 ILCS 1205/13-9c) (from Ch. 105, par. 13-9c)
Sec. 13-9c.
If the circuit judge finds upon such hearing that the petition
meets the requirements of this section, and that the allegations therein
contained are true, the park district shall be dissolved.
(Source: Laws 1965, p. 2535.)
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(70 ILCS 1205/13-9d) (from Ch. 105, par. 13-9d)
Sec. 13-9d.
If the park district shall be dissolved by the circuit court
under the provisions of this section, the affairs of the district shall be
disposed of in the manner as provided in Sections 13-4, 13-5 and 13-7 of
"The Park District Code".
(Source: Laws 1965, p. 2535.)
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(70 ILCS 1205/13-9e) (from Ch. 105, par. 13-9e)
Sec. 13-9e.
If, subsequent to the dissolution of a park district under this
section, a new park district, the greater portion of which was contained
within the area of the dissolved park district, is organized as the result
of a petition filed within one (1) year after such dissolution, all of the
parks and other property that vested in the school district as a result of
such dissolution shall thereupon vest in the newly organized park district,
and the newly organized park district shall succeed to all of the
outstanding rights and obligations of the dissolved district, and the power
and authority of the trustees of the schools or the school district with
respect to the affairs of the dissolved district shall terminate.
(Source: Laws 1965, p. 2535.)
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