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Public Act 093-0897 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Downstate Forest Preserve District Act is | ||||
amended by changing Section 8 as follows:
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(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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Sec. 8. Powers and duties of corporate authority and | ||||
officers; contracts; salaries.
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(a) The board shall be the corporate authority of such | ||||
forest
preserve district and shall have power to pass and | ||||
enforce all necessary
ordinances, rules and regulations for the | ||||
management of the property and
conduct of the business of such | ||||
district. The president of such board
shall have power to | ||||
appoint such employees as may be necessary. In counties
with | ||||
population of less than 3,000,000, within 60 days after their | ||||
selection
the commissioners appointed under the provisions of | ||||
Section 3a of this Act
shall organize by selecting from their | ||||
members a president, secretary,
treasurer and such other | ||||
officers as are deemed necessary who shall hold
office for the | ||||
fiscal year in which elected and until their successors are
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selected and qualify. In the one district in existence on July | ||||
1, 1977, that
is managed by an appointed board of | ||||
commissioners, the incumbent president
and the other officers | ||||
appointed in the manner as originally prescribed in this
Act | ||||
shall hold such offices until the completion of their | ||||
respective terms or
in the case of the officers other than | ||||
president until their successors
are appointed by said | ||||
president, but in all cases not to extend beyond January
1, | ||||
1980 and until their successors are selected and qualify. | ||||
Thereafter,
the officers shall be selected in the manner as | ||||
prescribed in this Section
except that their first term of | ||||
office shall not expire until June 30, 1981
and until their |
successors are selected and qualify.
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(b) In any county, city, village, incorporated town or
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sanitary district where the corporate authorities act as the
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governing body of a forest preserve district, the person | ||
exercising
the powers of the president of the board shall have | ||
power to appoint a
secretary and an assistant secretary and | ||
treasurer and an assistant
treasurer and such other officers | ||
and such employees as may be necessary.
The assistant secretary | ||
and assistant treasurer shall perform the duties
of the | ||
secretary and treasurer, respectively in case of death of such | ||
officers
or when such officers are unable to perform the duties | ||
of their respective
offices. All contracts for supplies, | ||
material or
work involving an expenditure in excess of $20,000
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$10,000 shall be let to the lowest
responsible bidder, after | ||
advertising at least once in one or more
newspapers of general | ||
circulation within the district, excepting work
requiring | ||
personal confidence or necessary
supplies under the control of | ||
monopolies, where competitive bidding is
impossible. Contracts | ||
for supplies, material or work involving an
expenditure of | ||
$20,000
$10,000 or less may be let without advertising for | ||
bids,
but whenever practicable, at least 3 competitive bids | ||
shall be obtained
before letting such contract. All contracts | ||
for supplies, material or
work shall be signed by the president | ||
of the board of commissioners or
by any such other officer as | ||
the board in its discretion may designate.
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(c) The president of any board of commissioners appointed | ||
under the
provisions of Section 3a of this Act shall receive a | ||
salary not to
exceed the sum of $2500 per annum and the salary | ||
of other members of the
board so appointed shall not exceed | ||
$1500 per annum. Salaries of the
commissioners, officers and | ||
employees shall be fixed by ordinance.
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(Source: P.A. 85-993.)
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Section 10. The Park District Code is amended by changing | ||
Section 8-1 as follows:
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(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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Sec. 8-1. General corporate powers.
Every park district | ||
shall, from the time of its
organization, be a body corporate | ||
and politic by such name as set forth
in the petition for its | ||
organization or such name as it may adopt under
Section 8-8 | ||
hereof and shall have and exercise the following powers:
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(a) To adopt a corporate seal and alter the same at | ||
pleasure; to sue
and be sued; and to contract in furtherance of | ||
any of its corporate purposes.
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(b) (1) To acquire by gift, legacy, grant or purchase, or | ||
by
condemnation in the manner provided for the exercise of the | ||
power of eminent
domain under Article VII of the Code of Civil | ||
Procedure, approved August
19, 1981, as amended, any and all | ||
real estate, or
rights therein necessary for building, laying | ||
out, extending, adorning
and maintaining any such parks, | ||
boulevards and driveways, or for
effecting any of the powers or | ||
purposes granted under this Code as its
board may deem proper, | ||
whether such lands be located within or without such
district; | ||
but no park district, except as provided in paragraph (2) of | ||
this
subsection, shall have any power of condemnation in the | ||
manner provided for the
exercise of the power of eminent domain | ||
under Article VII of the Code of Civil
Procedure, approved | ||
August 19, 1981, as amended, or otherwise as to any real
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estate, lands, riparian rights or estate, or other property | ||
situated outside of
such district, but shall only have power to | ||
acquire the same by gift, legacy,
grant or purchase, and such | ||
district shall have the same control of and power
over lands so | ||
acquired without the district as over parks, boulevards and
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driveways within such district.
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(2) In addition to the powers granted in paragraph (1) of | ||
subsection (b),
a park district located in more than one | ||
county, the majority of its territory
located in a county over | ||
450,000 in population and none of its territory
located in a | ||
county over 1,000,000 in population, shall have condemnation
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power in the manner provided for the exercise of the power of | ||
eminent domain
under Article VII of the Code of Civil |
Procedure, approved August 19,
1981, as amended, or as | ||
otherwise granted by law
as to any and all real estate situated | ||
up to one mile outside of such district
which is not within the | ||
boundaries of another park district.
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(c) To acquire by gift, legacy or purchase any personal | ||
property necessary
for its corporate purposes provided that all | ||
contracts for supplies, materials
or work involving an | ||
expenditure in excess of $20,000
$10,000 shall be let to the
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lowest responsible bidder, considering conformity with | ||
specifications, terms of
delivery, quality, and | ||
serviceability, after due advertisement, excepting
contracts | ||
which by their nature are not adapted to award by competitive
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bidding, such as contracts for the services of individuals
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possessing a high degree of professional skill where the | ||
ability or
fitness of the individual plays an important part, | ||
contracts for the
printing of finance committee reports and | ||
departmental reports,
contracts for the printing or engraving | ||
of bonds, tax warrants and other
evidences of indebtedness, | ||
contracts for utility services such as water,
light, heat, | ||
telephone or telegraph, contracts for the use, purchase,
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delivery, movement, or installation of data processing | ||
equipment, software, or
services and telecommunications and | ||
interconnect equipment, software, or
services, contracts for | ||
duplicating machines and supplies, contracts for goods
or | ||
services procured from another governmental agency, purchases | ||
of equipment
previously owned by some entity other than the | ||
district itself, and
contracts for the purchase of magazines, | ||
books, periodicals, pamphlets and
reports and excepting where | ||
funds are expended in an emergency and such
emergency | ||
expenditure is approved by 3/4 of the members of the board.
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All competitive bids for contracts involving an | ||
expenditure in excess of
$20,000
$10,000 must be sealed by the | ||
bidder and must be opened by a member or employee
of the park | ||
board at a public bid opening at which the contents of the bids
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must be announced. Each bidder must receive at least 3 days | ||
notice of the
time and place of the bid opening.
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For purposes of this subsection, "due advertisement" | ||
includes, but is not
limited to, at least one public notice at | ||
least 10 days before the bid date in
a newspaper published in | ||
the district or, if no newspaper is published in the
district, | ||
in a newspaper of general circulation in the area of the | ||
district.
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(d) To pass all necessary ordinances, rules and regulations | ||
for the
proper management and conduct of the business of the | ||
board and district
and to establish by ordinance all needful | ||
rules and regulations for the
government and protection of | ||
parks, boulevards and driveways and other
property under its | ||
jurisdiction, and to effect the objects for which
such | ||
districts are formed.
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(e) To prescribe such fines and penalties for the violation | ||
of
ordinances as it shall deem proper not exceeding $1,000 for | ||
any
one
offense, which fines and penalties may be recovered by | ||
an action in the name
of such district in the circuit court for | ||
the county in which such
violation occurred. The park district | ||
may also seek in the action, in
addition to or instead of fines | ||
and penalties, an order that the offender
be required to make | ||
restitution for damage resulting from violations, and
the court | ||
shall grant such relief where appropriate. The procedure in
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such actions shall be the same as that provided by law for like | ||
actions for the
violation of ordinances in cities organized | ||
under the general laws of this
State, and offenders may be | ||
imprisoned for non-payment of fines and costs in
the same | ||
manner as in such cities. All fines when collected shall be | ||
paid into
the treasury of such district.
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(f) To manage and control all officers and property of such
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districts and to provide for joint ownership with one or more | ||
cities,
villages or incorporated towns of real and personal | ||
property used for
park purposes by one or more park districts. | ||
In case of joint ownership,
the terms of the agreement shall be | ||
fair, just and equitable to all
parties and shall be set forth | ||
in a written agreement entered into by
the corporate | ||
authorities of each participating district, city, village
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incorporated town.
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(g) To secure grants and loans, or either, from the United | ||
States
Government, or any agency or agencies thereof, for | ||
financing the
acquisition or purchase of any and all real | ||
estate, or rights therein,
or for effecting any of the powers | ||
or purposes granted under this Code
as its Board may deem | ||
proper.
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(h) To establish fees for the use of facilities and | ||
recreational programs of
the districts and to derive revenue | ||
from non-resident fees from their
operations. Fees charged | ||
non-residents of such district need not be the same as
fees | ||
charged to residents of the district. Charging fees or deriving | ||
revenue
from the facilities and recreational programs shall not | ||
affect the right to
assert or utilize any defense or immunity, | ||
common law or statutory, available
to the districts or their | ||
employees.
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(i) To make contracts for a term exceeding one year, but | ||
not to exceed
3 years, notwithstanding any provision of this | ||
Code to the contrary,
relating to: (1) the employment of a park | ||
director, superintendent,
administrator, engineer, health | ||
officer, land planner, finance director,
attorney, police | ||
chief, or other officer who requires technical training or
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knowledge; (2) the employment of outside professional | ||
consultants such as
engineers, doctors, land planners, | ||
auditors, attorneys, or other
professional consultants who | ||
require technical training or knowledge; and (3)
the provision | ||
of data processing equipment and services. With respect to
any | ||
contract made under this subsection (i), the corporate | ||
authorities
shall include in the annual appropriation | ||
ordinance for each fiscal year an
appropriation of a sum of | ||
money sufficient to pay the amount which, by the
terms of the | ||
contract, is to become due and payable during that fiscal year.
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(j) To enter into licensing or management agreements with | ||
not-for-profit
corporations organized under the laws of this | ||
State to operate park district
facilities if the corporation | ||
covenants to use the facilities to provide public
park or |
recreational programs for youth.
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(Source: P.A. 92-614, eff. 7-8-02.)
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