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| Public Act 095-0067 |
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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 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 the Eminent Domain Act, 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 the Eminent Domain Act 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 the Eminent Domain Act
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 shall be let to the
lowest | ||
responsible bidder after due advertisement. No district shall | ||
be required to accept a bid that does not meet the district's | ||
established , considering conformity with specifications, terms | ||
of
delivery, quality, and serviceability requirements. | ||
Contracts which, by their nature, 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,
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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
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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 are not subject to competitive bidding. Contracts | ||
for emergency expenditures are also exempt from competitive | ||
bidding when the
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 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.
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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
or | ||
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. 93-897, eff. 1-1-05; 94-1055, eff. 1-1-07.)
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