[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0614
SB1735 Enrolled LRB9214577BDdv
AN ACT concerning park districts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Park District Code is amended by changing
Section 8-1 as follows:
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. 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:
(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.
(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 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 driveways within such
district.
(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 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.
(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 $10,000 shall be let to the 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
bidding, such as contracts for the services of individuals
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,
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.
All competitive bids for contracts involving an
expenditure in excess of $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
must be announced. Each bidder must receive at least 3 days
notice of the time and place of the bid opening.
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.
(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.
(e) To prescribe such fines and penalties for the
violation of ordinances as it shall deem proper not exceeding
$1,000 $500 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 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.
(f) To manage and control all officers and property of
such 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 or incorporated town.
(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.
(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.
(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 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.
(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.
(Source: P.A. 88-91; 88-426; 88-670, eff. 12-2-94; 89-458,
eff. 5-24-96; 89-509, eff. 7-5-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 17, 2002.
Approved July 08, 2002.
Effective July 08, 2002.
[ Top ]