HB3882enr 99TH GENERAL ASSEMBLY

HB3882 Enrolled LRB099 08623 AWJ 28786 b

AN ACT concerning local government.

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 2-2.1 as follows:

(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). When 2 or more municipalities, one of which having a population of less than 500, are situated within a park district, the park district may be reorganized into 2 new park districts, one of which shall be coterminous with the municipality having a population of less than 500, and one of which shall be coterminous with the remaining territory of the park district. A petition to reorganize such park district shall comply with the requirements of Section 2-2, but must be signed by at least 100 legal voters residing in the district to be reorganized. Title and possession of all real property and permanently located personal property of the district to be reorganized shall vest in the new district in which the property is located. Each new district shall succeed to its proportionate share of the bonded indebtedness of the reorganized district, to be determined according to the value, as equalized and assessed by the Department of Revenue, of all taxable property in each new district. Title and possession to all other property of the district as well as all other rights and obligations of the district shall be equitably distributed and apportioned between the 2 districts, as determined by the governing boards of both park districts. In the event that no agreement can be reached, the court in which the petition was filed to organize the new districts shall make the determination. All monies of the district on hand and all monies received from taxes levied before the creation of the 2 new districts shall be paid on a pro rata basis to each new district according to the value, as equalized and assessed by the Department of Revenue, of all taxable property in each new district. This subsection (b) shall be effective only until January 1, 1987.

(c) (Blank). "Municipality" as used in this Section means a city, village or incorporated town.

(Source: P.A. 86-307.)