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Illinois Compiled Statutes
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SPECIAL DISTRICTS (70 ILCS 1505/) Chicago Park District Act. 70 ILCS 1505/0.01
(70 ILCS 1505/0.01) (from Ch. 105, par. 333.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Chicago Park District Act.
(Source: P.A. 86-1324.)
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70 ILCS 1505/1
(70 ILCS 1505/1) (from Ch. 105, par. 333.1)
Sec. 1.
The Chicago Park District shall be created and established
immediately upon the adoption of this act as hereinafter provided. Such
park district shall be in succession to all park districts now existing
within the territory included within the proposed Chicago Park District and
shall exercise control over and supervise the operation of all parks,
boulevards, ways and other public property now under the jurisdiction of
any of said park districts. The Chicago Park District shall comprise all of
the City of Chicago and such territory located without the corporate limits
of the City of Chicago as may be included in any existing park district
lying partly within and partly without the limits of such city.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/1a
(70 ILCS 1505/1a) (from Ch. 105, par. 333.1a)
Sec. 1a.
The territory located without the corporate limits of the
City of Chicago that prior to May 1, 1934, was included in any existing
park district lying partly within and partly without the limits of such
city is hereby disconnected from the Chicago Park District provided,
however, such disconnected territory so lying outside of the limits of
the City of Chicago shall remain liable for its proportionate part of
its bonded and unfunded indebtedness.
(Source: Laws 1935, p. 1021.)
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70 ILCS 1505/2
(70 ILCS 1505/2) (from Ch. 105, par. 333.2)
Sec. 2.
The question of the adoption of this Act shall be submitted at the
election held on the second Tuesday in April, 1934. Such question shall be
submitted to the electors of the entire district upon a ballot
substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
For the adoption of "An Act in relation to the creation, YES maintenance, operation and - - - - - - - - - - - - - - - - - - - - - - - - -
improvement of the Chicago Park NO District." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Notice of the submission of such question at the election to be held on
the second Tuesday in April, 1934, or of any resubmission of such question
provided for in this act shall be given by the same officer or board whose
duty it is to give notice of the general primary election or other election
to be held on the second Tuesday in April, 1934, or of any election or
elections at which such question may be submitted or resubmitted. The time
for giving such notice shall be the same as that required for the primary
or other election at which such proposition may be submitted or
resubmitted. The ballots upon which such question is submitted or
resubmitted shall be furnished and distributed, received, returned and
canvassed in the same manner and by the same officers as are authorized by
law to perform these duties at any election or elections within the
boundaries of the proposed Chicago park district, at which such question
may be submitted or resubmitted.
If a majority of the legal voters voting on such proposition vote for
the adoption of this Act it shall immediately take effect and upon the
appointment of the commissioners, as hereinafter provided, the offices of
commissioners in such existing park districts shall cease to exist and all
powers and duties vested in or exercised by such commissioners shall be
vested in and exercised by the Chicago Park District or the commissioners
thereof.
If this Act should fail to be adopted, it may again be resubmitted in
like manner to the legal voters thereof by petition of 25,000 of the legal
voters within such proposed district, such petition of the voters to be
presented or made to the county clerk not less than thirty days before the
general or special election at which the question is to be submitted. If a
majority of those voting thereon at any such election shall vote "yes" it
shall thereupon be adopted and shall immediately take effect.
If, at any election, this Act shall be adopted, the proposed Chicago
Park District shall reimburse the county of Cook and the city of Chicago
for all additional expenses necessarily incurred at such election in
submitting the Act to the voters of the proposed Chicago Park District; if,
at any election, the Act should fail of adoption, each established park
district located within the proposed Chicago Park District, shall pay its
proportionate part of such additional expenses necessarily incurred by the
county of Cook and the city of Chicago in submitting or resubmitting the
Act to the voters of the proposed Chicago Park District, said proportionate
share of expense to be arrived at by taking the number of votes cast in
each established park district as against the whole number of votes cast in
the proposed Chicago Park District.
(Source: Laws 1933-34, Third Sp. Sess., p. 208 .)
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70 ILCS 1505/3
(70 ILCS 1505/3) (from Ch. 105, par. 333.3)
Sec. 3.
Commissioners; corporate body.
There shall be 7 commissioners of
the Chicago Park District.
Within 30 days after the effective date of this amendatory Act of 1988 the
Mayor of the City of Chicago, with the approval of the City Council, shall
appoint the 2 additional commissioners of the Chicago Park
District authorized by this amendatory Act of 1988, one to serve a term
ending June 30, 1992, and the other to serve a term ending June 30, 1993,
as designated by the Mayor. The 5 commissioners holding office on the
effective date of this amendatory Act of 1988 shall continue in office
until his or her term otherwise ends.
Annually in the same manner as the original appointments are made, a
commissioner shall be appointed to succeed each commissioner whose term
then expires to serve for a term of 5 years and until his or her successor
is appointed and qualified. Vacancies in the office
of commissioner shall be filled by appointment by the mayor with the
approval of the City Council.
Each commissioner shall be a legal voter of and reside within the
district and before entering upon the duties of his or her office shall take
and subscribe an oath to faithfully discharge his or her duties as
commissioner. Each commissioner shall be required to post a bond in the
sum of $50,000 for the use and benefit of the district subject to the
approval of the Circuit Court of Cook County with whom such bond shall
be posted.
In performing their functions as commissioners for the Chicago Park
District, the commissioners are subject to the Public Officer Prohibited
Activities Act.
From the time of the beginning of the term of the first
commissioners, the Chicago Park District shall constitute a body politic
and corporate and by such name and style may sue and be sued, contract
and be contracted with, acquire and hold real property necessary for
corporate purposes, and adopt a common seal and alter the same at pleasure.
(Source: P.A. 91-918, eff. 7-7-00.)
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70 ILCS 1505/3a
(70 ILCS 1505/3a) (from Ch. 105, par. 333.3a)
Sec. 3a.
Regular meetings; notice.
The commissioners of the Chicago
Park District shall give public notice of the schedule of regular meetings at
the beginning of each calendar or fiscal year and shall state the regular dates
and places of those meetings. At least3 regular meetings shall be held in
different fieldhouses located throughout the District, with each of the 3
meetings being held in a different fieldhouse during each 4-month period of the
calendar or fiscal year. Public notice of the fieldhouse meetings shall be
given as prescribed in Sections 2.02 and 2.03 of the Open Meetings Act.
(Source: P.A. 87-1274.)
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70 ILCS 1505/4
(70 ILCS 1505/4) (from Ch. 105, par. 333.4)
Sec. 4.
Annually the commissioners shall choose from among their members a
president to serve for a term of one year and until his or her successor is
chosen and qualified, and shall choose a vice-president to serve in the
absence of the president. The president shall preside at all meetings of the
commissioners and shall have the same power to vote as any other member and
shall not have the power of veto. No official action shall be taken except
upon the favorable vote of 4 commissioners. The commissioners
may receive reimbursement for reasonable expenses necessarily incurred in
performance of their duties as commissioners of the park district.
The commissioners shall appoint otherwise than from among their own
members a secretary and a treasurer each of whom shall be
residents of the district and shall be required to post a bond in the sum
of fifty thousand dollars for the use and benefit of the district, subject
to the approval of the commissioners with whom such bond shall be posted.
(Source: P.A. 85-1411.)
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70 ILCS 1505/5
(70 ILCS 1505/5) (from Ch. 105, par. 333.5)
Sec. 5.
General superintendent; Director of Human Resources.
The
commissioners of the Chicago Park District shall appoint a
general superintendent. Such superintendent shall be chosen
without regard to his or her political affiliations and upon the sole
basis of his or her administrative and technical qualifications to manage
the affairs of the district. He or she shall be a citizen of the United
States and a resident of the district.
Notwithstanding anything to the contrary in Section 2 of the Park System
Civil Service Act or any other law, the commissioners shall
appoint a Director of Human Resources.
The Director of Human Resources
shall be a citizen of the United States and a resident of the district.
(Source: P.A. 91-918, eff. 7-7-00.)
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70 ILCS 1505/6
(70 ILCS 1505/6) (from Ch. 105, par. 333.6)
Sec. 6.
The commissioners shall prescribe the powers and duties and fix the
compensation of the secretary, treasurer and general superintendent and
shall fix the compensation of all other officers and employees of the
district.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/7
(70 ILCS 1505/7) (from Ch. 105, par. 333.7)
Sec. 7.
The Chicago Park District is vested with all powers heretofore
vested in park districts or corporate authorities whose authority is
abrogated by this Act or by the operation thereof. All powers now vested
in such commissioners or districts with regard to the extension of parks,
boulevards and driveways by reclaiming submerged lands and by the
acquisition of riparian rights and shore lands shall hereafter be exercised
by the Chicago Park District; provided, that the city shall exercise the
power to operate, maintain and govern boulevards, driveways, roadways and
highways used as thoroughfares for vehicular traffic into or within parks,
including bridges, subways, viaducts and approaches appurtenant thereto as
provided by "An Act in relation to an exchange of certain functions,
property and personnel among cities and park districts having coextensive
geographic areas and populations in excess of 500,000", approved July 5,
1957, including the duty of regulating traffic on such boulevards,
driveways, roadways and highways. Such city shall provide police for the
parks of the park district.
(Source: Laws 1963, p. 3354.)
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70 ILCS 1505/7.01
(70 ILCS 1505/7.01) (from Ch. 105, par. 333.7-01)
Sec. 7.01.
The Chicago Park District, except as otherwise herein provided,
may acquire, lay out, establish, construct, and maintain parks, driveways
and boulevards in such district, and control, manage, and govern such
parks, driveways and boulevards and the use thereof and exercise the powers
stipulated in Section 15 hereof. The commissioners of such district
constitute the corporate authorities thereof, and have full power to manage
and control all the officers and property of the district, and all parks,
driveways, boulevards and parkways maintained by such district or committed
to its care and custody.
(Source: Laws 1963, p. 3354.)
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70 ILCS 1505/7.02
(70 ILCS 1505/7.02) (from Ch. 105, par. 333.7-02)
Sec. 7.02.
The commissioners of the Chicago Park District, except as
otherwise herein provided, may from time to time 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 provide penalties not exceeding $500 for any one
offense for violation of such rules and regulations. The city may
exclude all objectionable travel and traffic and may make and enforce
reasonable traffic and other regulations and provide penalties not
exceeding $500 for any one offense for the violation of such rules
and regulations. However, the Chicago Transit Authority, without
permission of the city to which the boulevards and driveways have been
transferred, may operate any standard type motor buses in and upon the
boulevards and driveways under the jurisdiction of said city.
(Source: P.A. 80-408.)
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70 ILCS 1505/7.03
(70 ILCS 1505/7.03) (from Ch. 105, par. 333.7-03)
Sec. 7.03.
The City of Chicago may, by ordinance, grant to Chicago Transit
Authority the exclusive right to construct and operate any transportation
facilities in, along, over, under, upon or across the boulevards, driveways
and other property under its jurisdiction, in connection with, as
extensions of or additions to the transportation system of said Authority,
for a term equal to and concurrent with the term of any grant to said
Authority by the City of Chicago to use the streets and other public places
in the city for local transportation of passengers. Such ordinance shall
not be effective until it has been accepted in writing by the Authority and
the acceptance has been filed with the city clerk; provided, that nothing
herein contained shall affect the validity of any right, privilege or
permit granted by the Chicago Park District to Chicago Transit Authority
prior to January 1, 1959.
(Source: Laws 1963, p. 3354.)
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70 ILCS 1505/7.04
(70 ILCS 1505/7.04) (from Ch. 105, par. 333.7-04)
Sec. 7.04.
The Chicago Park District may convey, sell, donate, lease or
rent any real estate or lands, now owned or hereafter acquired, to the
State, or any agency thereof, to be used as a site for an armory for the
National Guard or Naval Militia. Such district shall not divert
any gift, grant or legacy from the specific purpose designated by any
donor. Any instrument of conveyance executed pursuant to the power herein
granted shall be signed by the President and attested by the Secretary of
the Chicago Park District, with its corporate seal. No such instrument
shall be so executed unless authorized by resolution passed by the vote of
3/5 of the Commissioners of the Chicago Park District.
(Source: P.A. 83-388.)
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70 ILCS 1505/7.05
(70 ILCS 1505/7.05) (from Ch. 105, par. 333.7-05)
Sec. 7.05.
The Chicago Park District may permit the erection by the Marine
Corps League of a proper and suitable memorial building or monument to the
members of the United States Marine Corps who have been killed in action in
the various wars in which the Marine Corps has participated. The Park
District shall select the place at which the building or monument is to be
erected, shall approve its design and specifications and provide by
regulation for its control.
(Source: Laws 1963, p. 3354.)
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70 ILCS 1505/7.06 (70 ILCS 1505/7.06)
Sec. 7.06. Recreational programs for persons with disabilities; tax.
(a) The Chicago 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 these
programs, to
provide for the examination of participants in such programs as deemed
necessary, to charge fees for participating in the programs (the fee charged
for non-residents of the district need not be the same as the fees charged the
residents of the
district), and to charge fees for transportation furnished to participants.
(b) For the purposes of the recreational programs for persons with disabilities
established
under this Section, the Chicago Park District is authorized to adopt procedures
for
approval of budgets, authorization of expenditures, location of recreational
areas,
acquisition of real estate by gift, legacy, grant, or purchase, and employment
of a director
and other professional workers for the programs.
(c) For the purposes of providing recreational programs for persons with disabilities
under
this Section, the Chicago Park District 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
expenses of
providing these programs. This tax shall be levied and collected in like
manner as the
general taxes for the 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 within
any
limitation of rate contained in this Act or any other law, but shall be
excluded therefrom,
in addition thereto, and in excess thereof.
(Source: P.A. 99-143, eff. 7-27-15.) |
70 ILCS 1505/7.07 (70 ILCS 1505/7.07) Sec. 7.07. Olympic and paralympic games; contracts and employment. (a) All contracting and employment related to the planning, organization, and staging of the games shall be subject to all applicable ordinances contained in the Code of the Chicago Park District, including but not limited to Chapter I (General Provisions and Definitions), Chapter IV (Human Rights), Chapter V (Personnel), and Chapter XI (Purchasing and Contracting). (b) The Chicago Park District shall comply with subsection (e) of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law. (c) For purposes of this Section, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.
(Source: P.A. 96-7, eff. 4-3-09.) |
70 ILCS 1505/7.1
(70 ILCS 1505/7.1) (from Ch. 105, par. 333.7a)
Sec. 7.1.
Except where the equipment does not burn or consume Illinois coal
as efficiently as other coal, the Chicago 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 1505/7.2
(70 ILCS 1505/7.2) (from Ch. 105, par. 333.7b)
Sec. 7.2.
The Chicago Park District shall indemnify and protect its
commissioners and employees 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 commissioners of the Chicago Park District. Such indemnification
and protection shall extend to persons who are commissioners or employees
of the Chicago Park District at the time of the incident
from which a claim arises.
(Source: P.A. 83-807.)
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70 ILCS 1505/7.3
(70 ILCS 1505/7.3) (from Ch. 105, par. 333.7c)
Sec. 7.3.
The Chicago Park District may insure against any loss or liability
incurred by the park district, its commissioners or its employees 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 commissioners of the Chicago Park
District. Such insurance shall be carried with a company licensed to write
such coverage in this State. The Chicago Park District may individually or
jointly self-insure provided it complies with any other statutory
requirements specifically related to individual or joint self-insurance by
local public entities.
(Source: P.A. 85-1411.)
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70 ILCS 1505/7.4
(70 ILCS 1505/7.4) (from Ch. 105, par. 333.7d)
Sec. 7.4.
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 1505/8
(70 ILCS 1505/8) (from Ch. 105, par. 333.8)
Sec. 8.
All ordinances, orders, and resolutions of the Chicago Park
District may be proved by the certificate of its secretary under the seal
of the district and when printed in book or pamphlet form and purporting to
be published by the commissioners, such book or pamphlet shall be received
as evidence of the passage of such ordinances, orders, and resolutions as
of the dates mentioned in such publications, in all courts or places
without further proof.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/9
(70 ILCS 1505/9) (from Ch. 105, par. 333.9)
Sec. 9.
All legal acts, lawfully done by or in favor of any of the park
districts or corporate authorities superseded by the Chicago Park District
by the terms of this act shall be valid and binding upon the respective
parties affected by such acts except that the Chicago Park District shall
be substituted in lieu of such park district or corporate authority. This
provision shall apply among other things to contracts, grants, licenses,
warrants, orders, notices, assignments, and official bonds, but shall not
affect any existing or contingent rights to modify, revoke, or rescind such
acts of such park districts or corporate authorities. Any arrangement or
agreement existing at the time this act takes effect with any museum, art
institute, aquarium, library, or other institution, agency or association,
public or private, that shall now be located or authorized to be located in
any park, shall not be impaired or affected, but shall be continued in
force by the provisions of this act.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/10
(70 ILCS 1505/10) (from Ch. 105, par. 333.10)
Sec. 10.
All fines, penalties, and forfeitures incurred or imposed before
this act takes effect for the violation of the ordinances, by-laws, or
rules of any of the park districts or corporate authorities hereby
superseded by the Chicago Park District shall be enforced or collected
under the authority of the Chicago Park District.
All powers of taxation or assessment that may have become part of any
contract of indebtedness incurred or entered into by any of the park
districts or corporate authorities hereby superseded by the Chicago Park
District shall be preserved only insofar as their exercise may become
necessary to save and protect or enforce the rights of creditors or those
holding obligations created in view or in respect of any tax, assessment,
or power of taxation or assessment, and in the event of any such powers so
becoming necessary shall be exercised by the corporate authorities of the
Chicago Park District to the same extent as the park districts or corporate
authorities contracting such indebtedness would have been bound to exercise
the same.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/11
(70 ILCS 1505/11) (from Ch. 105, par. 333.11)
Sec. 11.
All lawful ordinances, resolutions, by-laws, orders, or rules in
force in any park district or authority superseded by the Chicago Park
District, at the time this act takes effect and not inconsistent with the
provisions of this act, shall notwithstanding any change of organization
effected by this act, continue in full force and effect within the
territory included within the jurisdiction of the authorities by which such
ordinances, resolutions, by-laws, orders, or rules were respectively
enacted, until repealed, abrogated, or amended by the Commissioners of the
Chicago Park District.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/12
(70 ILCS 1505/12) (from Ch. 105, par. 333.12)
Sec. 12.
The title to all lands, property and funds of every description
now owned or held by the park districts and corporate authorities
superseded by the Chicago Park District shall be vested in the Chicago Park
District, and funds held by any such superseded park districts or corporate
authorities for a particular purpose shall be set aside and used by the
Chicago Park District only for the purpose originally designated.
Any surplus of such funds remaining after accomplishing such purpose
shall become a part of the general corporate fund of the Chicago Park
District.
Any property or funds held by any of the park districts or corporate
authorities superseded by the Chicago Park District upon any special
expressed trust shall be held by said Chicago Park District under such
trust.
The proceeds of taxes and special assessments, levied before this Act
takes effect, shall be applied to the purposes for which they were levied
or imposed.
Any surplus of such proceeds available after application to and
completion of such purposes shall revert to and become a part of the
general corporate fund of the Chicago Park District.
(Source: Laws 1935, p. 1043.)
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70 ILCS 1505/13
(70 ILCS 1505/13) (from Ch. 105, par. 333.13)
Sec. 13.
Any officer ceasing to hold office by virtue of this act shall
deliver and turn over to the commissioners of the Chicago Park District, or
to such officer as such commissioners may designate, all papers, records,
and property of every kind in his possession and custody by virtue of his
office, and shall account to said commissioners of the Chicago Park
District for all funds, credits, or property of any kind with which he is
properly chargeable.
(Source: Laws 1933, p. 725.)
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70 ILCS 1505/14
(70 ILCS 1505/14) (from Ch. 105, par. 333.14)
Sec. 14. Civil service. The Park System Civil Service Act shall apply to the Chicago Park District, and
upon the coming into effect of this Act there shall be appointed but one
Director of Human Resources and but one
civil service board for such
district.
Every officer and employee in the classified civil service at the time
this Act takes effect shall be assigned to a position having, so far as
possible, duties equivalent to his former office or employment, and such
officers and employees shall have the same standing, grade, and privilege
which they respectively had in the districts from which they were
transferred, subject, however, to existing and future civil service laws.
This Section shall not be construed to require the retention of more
officers and employees than are necessary to the proper performance of the
functions of the Chicago Park District and the rules of the civil service
board made in pursuance of the civil service law shall control in the
making of layoffs and reinstatements of such officers and employees as are
not necessary to be retained. This Act shall in no way be construed to
affect the operation of Article 5 or Article 12 of the Illinois Pension
Code nor to affect the
rights of employees to pensions or annuities nor any taxes authorized to be
levied therefor. In the case of employees and policemen of superseded park
districts not having annuity benefit funds retained as employees or
policemen of the Chicago Park District such employees and policemen shall
have the right to enter as new employees and policemen.
(Source: P.A. 103-154, eff. 6-30-23.)
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70 ILCS 1505/15
(70 ILCS 1505/15) (from Ch. 105, par. 333.15)
Sec. 15. Acquisition of real estate.
(a) The Chicago Park District may acquire by gift, grant, purchase, or
condemnation (and may incur indebtedness for the purchase of) any real
estate lands, riparian estates or rights, and other property (including
abandoned railroad rights-of-way) required or needed for any park, for
parkways, driveways, or boulevards, or for extending, adorning, or
maintaining the same for the purpose of establishing, acquiring,
completing, enlarging, ornamenting, building, rebuilding, and improving
public parks, boulevards, bridges, subways, viaducts, and approaches
thereto, wharfs, piers, jetties, air landing fields and basins, shore
protection works, pleasure grounds and ways, walks, pathways, driveways,
roadways, highways, and all public works, grounds, or improvements under
the control of and within the jurisdiction of the park commissioners,
including (i) filling in submerged land for park purposes, (ii)
constructing all buildings, field houses, stadiums, shelters,
conservatories, museums, service shops, power plants, structures,
playground devices, and boulevard and building lighting systems, and (iii)
building all other types of permanent improvement and construction
necessary to render the property under the control of the park
commissioners usable for the enjoyment of that property as public parks,
parkways, boulevards, and pleasureways, whether the land is located within
or without the district, if the land is deemed necessary for park purposes
or for parkways, driveways, or boulevards. The Chicago Park District shall
have no power of condemnation, however, as to real estate lands, riparian
rights or estates, or other property located outside the district, but
shall only have power to acquire that property by gift, grant, or purchase.
(b) After December 31, 1958, the powers granted in this Section are
subject to and limited by the Chicago Park and City Exchange of Functions
Act. As provided in that Act and in Section 7 of this Act, the Chicago Park
District may not after that date acquire, extend, and maintain boulevards,
driveways, roadways, and highways used as thoroughfares for vehicular
traffic into or within parks, or any bridges, subways, viaducts, and
approaches thereto.
(c) The Chicago Park District may acquire by lease or permit the right
to occupy and use real estate lands and riparian estates for park and
parkway purposes and may improve, maintain, and equip the lands and estates
when authorized by the Commissioners.
(c-5) The Chicago Park District may sell, lease, or otherwise convey all or any portion of District-owned property that is used solely and exclusively as office or administrative space. (d) The power of condemnation conferred by this Act shall be exercised
in the manner provided for the exercise of the right of eminent domain
under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07; 95-936, eff. 1-1-09.)
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70 ILCS 1505/15.5 (70 ILCS 1505/15.5) Sec. 15.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act 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 1505/15a
(70 ILCS 1505/15a) (from Ch. 105, par. 333.15a)
Sec. 15a.
In addition to the powers and authority now possessed by it, the
Chicago 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, as
heretofore or hereafter amended, 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 40 years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease and with the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore or hereafter amended.
(3) Such lease may be entered into without making a previous
appropriation for the expense thereby incurred; provided, however, that if
the Chicago Park District undertakes to pay all or any part of the costs of
operating and maintaining the property of a Public Building Commission as
authorized in sub-paragraph (4) of this Section, such expenses of operation
and maintenance shall be included in the annual appropriation ordinance of
the Chicago Park District annually during the term of such undertaking.
(4) In addition, the Chicago Park District may undertake, either in the
lease with a Public Building Commission or by separate agreement or
contract with a Public Building Commission, to pay all or any part of the
costs of maintaining and operating the property of a Public Building
Commission for any period of time not exceeding 40 years.
(Source: P.A. 77-1350.)
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70 ILCS 1505/15b
(70 ILCS 1505/15b)
Sec. 15b.
Licenses, easements, and rights of way.
In addition to the
other
powers and
authority now possessed by it, the Chicago Park District shall have the power
to grant
licenses, easements, and rights of way, subject to any conditions that may be
determined
by the District, to municipalities, corporations, or persons for
the
construction, operation, and maintenance of facilities on, under, or across
any property of
the Chicago Park District for water, sewer, telephone, electricity, gas, or
other
public
services.
(Source: P.A. 90-695, eff. 1-1-99.)
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70 ILCS 1505/15c
(70 ILCS 1505/15c)
Sec. 15c.
Lease for equipment and machinery.
In addition to the other
powers
and
authority now possessed by it, the Chicago Park District may, when authorized
by the
Commissioners, enter into leases for a period not to exceed 5 years for any
equipment
and machinery that may be required for corporate purposes.
(Source: P.A. 90-695, eff. 1-1-99.)
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70 ILCS 1505/15d
(70 ILCS 1505/15d)
Sec. 15d.
Assistance agreements; facilities; private seat licenses; naming
rights. In addition to the powers and authority now possessed by it, the
Chicago Park District shall have the power and authority:
(1) to enter into and perform its obligations under | | one or more "assistance agreements" with respect to any "facility" of which the Chicago Park District is the "governmental owner", as each of those terms is defined in the Illinois Sports Facilities Authority Act, and to enter into and perform its obligations under other contracts related thereto, upon such terms and conditions as may be determined by the Chicago Park District;
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(2) to enter into and perform its obligations under a
| | lease, license, or agreement with a professional sports team or other sports team with respect to a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District;
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(3) to sell, convey, lease, or grant a permit or
| | license with respect to, or authorize another person on its behalf to sell, convey, lease, or grant a permit or license with respect to: (A) the right to use or the right to purchase tickets to use, or any other interest in, any seat or area within a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, (B) the right to name or place advertising in all or any part of such a facility, or (C) any intangible personal property rights, including intellectual property rights, appurtenant to any such facility; and to enter into and perform its obligations with respect to any contract, understanding, agreement, or arrangement related thereto, upon such terms and conditions as may be determined by the Chicago Park District;
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(4) to accept the transfer of and assume the
| | obligations under a contract or contracts entered into by the "Authority" or its agent for the design and construction services or design/build services for a "facility", as each such term is defined in the Illinois Sports Facilities Authority Act, and exercise such rights and perform such obligations thereunder without regard to the procedures, regulations and laws which would otherwise have been applicable to the Chicago Park District had the Chicago Park District originally entered into such contract or contracts; and
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(5) to enter into leases, license agreements, permit
| | agreements or other agreements with respect to parking facilities, concessions, restaurants and other facilities providing goods and services relating to a "facility" of which the Chicago Park District is the "governmental owner", as each such term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District.
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(Source: P.A. 91-935, eff. 6-1-01.)
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70 ILCS 1505/16
(70 ILCS 1505/16) (from Ch. 105, par. 333.16)
Sec. 16.
When any improvement to be made by the Chicago Park District is
local in character and confined within the limits of said park district and
the commissioners of said district shall deem it advisable that the same
should be made by special assessment, it shall have power to proceed under
and in accordance with the provisions of the "Illinois Municipal Code",
approved May 29, 1961, as amended. The same provision shall
apply to the collection of assessments by installments and to the issuing
of bonds and vouchers therefor as is provided in cases of special
assessments of cities and villages in the above act as amended and also an
act of the General Assembly entitled, "An Act to authorize the division of
special assessments in cities, towns, and villages into installments and
authorizing the issue of bonds to anticipate the collection of the deferred
installments," approved June 17, 1893, as amended. The 5 commissioners
shall constitute the board of local improvements for such park district and
shall act as such board of local improvements without compensation, and the
secretary of the park district shall be ex-officio superintendent of
special assessments and secretary of said board of local improvements.
The mode of making special assessments and the filing of the assessment
roll and proceedings thereon shall be the same as provided by law for
making special assessments for local improvements in cities of over 50,000
inhabitants.
The secretary shall perform the duties in regard to the collection of
said assessments, provided in "An Act concerning local improvements,"
approved June 14, 1897, as amended, provided by said act to be performed by
the city clerk and city collector.
The same provisions shall apply to the collection of the assessment by
installments and to the issuing of bonds and vouchers therefor as provided
in the case of special assessments of cities and villages in "An Act
concerning local improvements," approved June 14, 1897, as amended and also
in "An Act to authorize the division of special assessment in cities,
towns, and villages into installments, and authorizing the issue of bonds
to anticipate the collection of deferred installments," approved June 17,
1893, as amended. All moneys collected by virtue of any such special
assessment shall be paid over to the treasurer of the Chicago Park District
and shall be expended only for improvement for which such special
assessment was levied.
The word, "improvement" as used herein shall include the condemnation of
property for park and boulevard purposes.
(Source: P.A. 83-333.)
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70 ILCS 1505/16a
(70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
Sec. 16a.
Personnel code.
(a) Notwithstanding the provisions of the Park System Civil
Service Act or the provisions of any other law, the board of
commissioners by ordinance may establish a personnel code for the Chicago
Park District creating a system of personnel administration based on merit
principles and scientific methods.
(b) The passage by the board of commissioners of a personnel code that
complies with the provisions of this Section shall suspend the
applicability to the Chicago Park District of the Park System Civil
Service Act. That Act shall again become applicable to the Chicago Park
District immediately upon the repeal by the board of commissioners of the
personnel code or of any provision of that Code that is
required by this Section.
(c) Any personnel code passed by the board of commissioners under
the authority of this Section shall contain provisions
necessary to create a personnel system based on merit principles and
scientific methods and shall at a minimum contain the following provisions:
(1) The code shall create the office of Director of | | Human Resources. The Director of Human Resources shall be a resident of the district and shall be appointed by the board of commissioners.
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(2) The code shall provide for a personnel board
| | consisting of 3 members. Two members shall be commissioners and the third shall be the Director of Human Resources or the person lawfully acting in that capacity. Terms for members shall be prescribed by the personnel code. The commissioner members of the personnel board shall serve without compensation but shall be reimbursed for necessary travel and other expenses. The personnel board may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any hearing authorized by this Section. Any circuit court, upon application by the personnel board or any member of the board, may, in its discretion, compel the attendance of witnesses, the production of books and papers, and the giving of testimony before the board or its hearing officer in relation to a hearing. Any person who shall refuse to comply with a lawfully served order to appear or testify before the personnel board or its hearing officer, or to produce books and papers relevant to the hearing as commanded in a lawfully served subpoena, shall be guilty of a Class B misdemeanor. Any person who, having taken an oath or made affirmation before the board or its hearing officer, knowingly swears or affirms falsely is guilty of perjury and upon conviction shall be punished accordingly.
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(3) The code shall subject all positions of
| | employment in the Park District to the jurisdiction of the personnel board, with the exception of offices or high-ranking senior executive positions, confidential positions, or special program positions that cannot be subject to career service due to program requirements. The board of commissioners shall, by resolution, specifically exempt those offices or positions from the jurisdiction of the personnel board.
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(4) The substantive provisions of the code shall
| | provide, at a minimum, for the following:
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(A) With the exceptions listed below, all
| | vacancies in positions of employment subject to the jurisdiction of the personnel board shall be filled only after providing reasonable public notice of the vacancy and inviting those who meet the published minimum requirements for the position as further provided in this Section to apply for it. The district shall specify in the announcement of the vacancy the minimum requirements necessary to be considered for the position, as contained in the official position description for the position. The district shall specify in the announcement of the vacancy whether competition for the vacancy is open to non-employees of the district, or to employees of the district, or to both. The district may dispense with this requirement of public announcement when a vacancy, for reasons promoting the efficiency of the district service, is to be filled by demotion, recall from layoff or leave of absence, or lateral transfer of an employee; or as the result of a lawful order of a court, arbitrator, or administrative agency; or as the result of a bona fide settlement of a legal claim; or in accordance with the provisions of this Section governing emergency appointments; or as a result of a reclassification of an employee's job title made in accordance with rules prescribed by the district for correcting misclassifications; or as the result of a need to correct or avoid violations of any ethics ordinance of the district.
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(B) All vacancies that have been publicly
| | announced in accordance with the provisions of subparagraph (A) of this paragraph (4) shall thereafter be filled by a competitive evaluation of the relative qualifications of those who apply for it. Any method of evaluation shall be reasonably designed to select candidates on the basis of job-related criteria. The personnel board shall prescribe by rule the various methods of evaluation that may be used. The public announcement of the vacancy shall specify the method that will be used for the particular vacancy. The Director of Human Resources shall document the process of conducting each competitive evaluation for each vacancy in sufficient detail that the personnel board may determine the process by which, and the basis on which, the person selected to fill the vacancy was selected.
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(C) The district, where it determines that it is
| | in the interest of the efficiency of the service, may specify reasonable lines of promotion or "career ladder" progressions grouping related positions. The district may, in its discretion, restrict competition for a particular vacancy (i) to existing employees who seek promotion to that vacancy from the position class at the next lower step in the relevant line of promotion or career ladder progression or (ii) if there is no such lower step, to existing employees seeking promotion from a particular job classification or classifications whose duties are reasonably related to the duties of the vacancy being filled. No restriction of competition for a vacancy to be filled by promotion shall be applied unless the line of promotion or similar restriction has first been approved by the personnel board.
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(D) Persons appointed to a position of permanent
| | employment shall acquire "career service" status following successful completion of a 6-month period of probation.
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(E) The district may prescribe reasonable rules
| | that extend appropriate preference in filling vacancies to qualified persons who have been members of the armed forces of the United States in time of hostilities with a foreign country or to qualified persons who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country. A "time of hostilities with a foreign country" means the period of time from December 7, 1941, to December 31, 1945, and from June 27, 1950, to December 31, 1976 and during any other period prescribed by the Board of Commissioners to take account of periods in which the armed forces were subjected to the risks of hostilities with a foreign country. To qualify for this preference, a person must have served in the armed forces for at least 6 months, been discharged on the ground of hardship, or been released from active duty because of a service-connected disability; the person must not have received a dishonorable discharge.
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(F) The district may make emergency appointments
| | without public announcement or competition where immediate appointment is required for reasons of the security or safety of the public or of the district's property. Emergency appointments shall be immediately reported to the personnel board, which may disapprove them and order them ended. No emergency appointment may last more than 30 days, and no emergency appointment shall be renewed.
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(G) The district may make temporary appointments
| | to positions in which it is determined by the personnel board that the continuous services of the employee will be needed for less than 12 months. Appointments shall be made by public announcement and competitive methods as provided in subparagraph (A) of this paragraph (4), but the employee thus appointed shall not acquire career service status during the period of his or her temporary appointment.
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(H) The district may transfer employees without
| | competitive procedures from a position to a similar position involving similar qualifications, duties, responsibilities, and salary ranges.
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(I) The district may make layoffs by reason of
| | lack of funds or work, abolition of a position, or material change in duties or organization. The personnel code may provide for reemployment of employees so laid off, giving consideration in both layoffs and reemployment to performance record, seniority in service, and impact on achieving equal employment opportunity goals.
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(J) Any employee with career service status shall
| | be discharged or suspended without pay for more than 30 days only for cause and only upon written charges for the discharge or suspension. The employee shall have an opportunity to appeal the action to the personnel board and to receive a hearing before the personnel board or a hearing officer appointed by it. The district may suspend, without pay, the charged employee pending a hearing and determination of an appeal by the personnel board. All final administrative decisions by the personnel board discharging or suspending, for more than 30 days, an employee with career service status are subject to judicial review under the Administrative Review Law.
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(K) The district shall extend, to persons who are
| | working in a position in which they lawfully acquired civil service status by virtue of being examined under the Park System Civil Service Act, career service status in that position without further examination.
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(L) In filling any position subject to the
| | jurisdiction of the personnel board and not exempted under paragraph (3) of subsection (c), the district shall take no account, whether favorably or unfavorably, of any candidate's political affiliation, political preferences or views, or service to any political party or organization. The district shall maintain procedures through which employees may complain of violations of this prohibition and through which any established violation may be corrected.
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(M) The district shall provide, by rule of the
| | personnel board, by collective bargaining agreements with the appropriate collective bargaining representatives, or both, for continued recognition of any right acquired on or before the effective date of this amendatory Act of 1991 by an employee of the district to be employed or reemployed, as the result of a layoff or a recall, in a position in which the employee previously held civil service status. Those previously acquired rights may be modified by mutual agreement between the district and the appropriate collective bargaining representative.
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(N) The code shall provide that in filling
| | vacancies, the district will follow the provisions of any lawful affirmative action plan approved by the board of commissioners.
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(O) The code shall set forth specific standards
| | of employee performance that all district employees shall be required to follow.
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(5) The code shall provide for the preparation,
| | maintenance, and revision by the personnel board of a position classification plan for all positions of employment within the district, based on similarity of duties performed, responsibilities assigned, and conditions of employment, so that the same schedule of pay may be equitably applied to all positions in the same class. Every class of positions shall have a position description approved by the personnel board, specifying the duties expected of the occupant of the position, the minimum requirements of education, training, or experience required for the position, and any other information the personnel board by rule may prescribe for inclusion in the position descriptions. No position shall be filled, and no salary or other remuneration paid to an occupant of a position, until the position has been incorporated by the personnel board into the position classification plan.
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(6) The code shall provide for the preparation,
| | maintenance, and revision of a pay plan. The pay plan shall be approved, and all revisions to it shall be approved, by the board of commissioners. The pay plan shall assign rates of pay to each position within the approved position classification plan of the district. No salary for any position of employment in the district shall be paid unless and until that position has been lawfully included in the pay plan. Nothing in this Section shall relieve the district from the obligation to bargain over rates of pay under the Illinois Public Labor Relations Act or any other statute that regulates the labor relations of the district.
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(7) The code shall provide that no disbursing or
| | auditing officer of the district shall make or approve any payment for personal service to any person holding a position in the service of the district unless the payroll voucher or account of the payment bears the certification of the Director of Human Resources that each person named therein has been appointed and employed in accordance with the provisions of the personnel code and the provisions of this Section. The certification shall be based either upon verification of the individual items in each payroll period or upon procedures developed for avoiding unnecessary repetitive verification when other evidence of compliance with applicable laws and rules is available. The procedures may be based either upon a continuation of payroll preparation by individual departments or upon the use of a central payroll preparation unit. The Director of Human Resources shall furnish the personnel board with a copy of each payroll as certified.
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(Source: P.A. 91-918, eff. 7-7-00.)
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70 ILCS 1505/16a-5
(70 ILCS 1505/16a-5)
Sec. 16a-5. Criminal background investigations.
(a) An applicant for employment with the Chicago 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 Chicago 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 Chicago
Park District. Upon receipt of this authorization, the Chicago 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 record
information 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
Chicago Park District, any other felony under the laws of this State. The
Illinois State Police shall charge the Chicago 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 Chicago 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 Chicago 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
General Superintendent and Chief Executive Officer of the Chicago Park
District. Any information concerning the
record of convictions or adjudications as a delinquent minor obtained by the General Superintendent and Chief
Executive Officer 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) The Chicago Park District may not 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, the Chicago Park District may not 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. The Chicago Park District
may not knowingly employ a person for whom a criminal background
investigation has not been initiated.
(d) The Chicago Park District shall not 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 subsection (c) or (d), the Chicago 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 1505/16b
(70 ILCS 1505/16b)
Sec. 16b.
Power to deduct wages for debts.
Upon
receipt of
notice from the comptroller of a municipality with a population of 500,000 or
more, a county with a population of 3,000,000 or more, the Cook County Forest
Preserve District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or a housing authority of a municipality with a population of
500,000 or more
that a debt is due and owing the municipality, the county, the Cook County
Forest Preserve District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
by an employee of
the Chicago
Park District, the District may withhold, from the compensation of that
employee, the amount of the debt that is due and owing and pay the amount
withheld to the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority; provided, however, that the amount
deducted from
any one salary
or
wage payment shall not exceed 25% of the net amount of the payment. Before the
District deducts any amount from any salary or wage of an employee under this
Section, the municipality, the county, the Cook County Forest Preserve
District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
shall certify that (i) the employee has
been afforded an
opportunity for a hearing to dispute the debt that is due and owing the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority and (ii) the employee has received notice
of a wage deduction order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this Section, "net amount" means that
part of the salary or wage payment remaining after the deduction of any amounts
required by law to be
deducted and "debt due and owing" means (i) a specified sum of money
owed to
the municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
for services, work, or goods, after the
period
granted
for payment has expired, or (ii) a specified sum of money owed to the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
pursuant to a court order or order of an administrative hearing officer after
the
exhaustion of, or the failure to exhaust, judicial review.
(Source: P.A. 92-109, eff. 7-20-01.)
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70 ILCS 1505/17
(70 ILCS 1505/17) (from Ch. 105, par. 333.17)
Sec. 17.
Fiscal year; budget report; appropriation ordinance.
(a) After the year in which this Act is adopted, the fiscal year of the
Chicago Park District shall commence on the first day of January and end on the
thirty-first day of December. This period shall constitute the budget year of
the district. The fiscal provisions set forth in this Section shall apply only
in the years following the year of the adoption of this Act.
(b) At least 60 days before the beginning of each fiscal year, the secretary
shall prepare and submit to the president a budget report to the commission
which shall include, among other things, a statement of proposed expenditures
for the ensuing fiscal year. The statement of proposed expenditures shall show
separately the amounts for ordinary recurring expenses, for extraordinary
expenditures, for debt service, and for capital outlays and shall be
accompanied by detailed estimates of expenditure requirements setting forth the
objects of expenditure (such as personal service, contractual services,
supplies and materials, and the like) and showing further classification, by
character, object, or purpose, as required by the system of expenditure
accounts adopted by the commission. The secretary shall also submit with his or
her statement of proposed expenditures (i) a consolidated summary statement of
the financial condition of the district; (ii) classified statements of income
and receipts and of expenditures and disbursements for the last completed
fiscal year and as estimated for the fiscal year then in progress; and (iii) a
statement of the means of financing the operations of the district, indicating
the cash and other current resources to be available at the beginning of the
next fiscal year and the estimated cash receipts of that year. Estimated
receipts from taxes levied from property shall in no event exceed an amount
produced by multiplying the maximum statutory rate of tax by the last known
assessed valuation of taxable property within the district as equalized for
State and county taxes. The secretary shall submit, with the budget report, a
draft of an appropriation ordinance and a pertinent description of the proposed
financial and operating program and of its anticipated effects on the
district's finances and affairs.
(c) The amounts of proposed expenditures, and of revenues for
appropriations, as set forth in the proposed appropriation ordinance
shall include, in addition to the other requirements for operation,
maintenance, and improvement, the full amounts reasonably to be
anticipated as needed for (i) interest on district debt coming due and
payable, (ii) paying off principal debt maturing during the year, (iii)
annual installments on sinking funds for the meeting of any anticipated
cash deficit from the operations of the fiscal year then in progress,
(iv) payments due to any retirement or other special funds, (v) paying off any
final judgments in effect at the time, (vi) making good any deficiency in any
sinking, endowment, or trust fund to be kept inviolate, and (vii) any payments
for any contracts for capital improvements properly entered into during the
current fiscal year or any previous fiscal year for work to be performed in the
fiscal year for which the budget is prepared. These requirements shall be
adequately provided for in the appropriation ordinance adopted by the
commission.
(d) Upon receiving the budget report, the commission shall make the report
and a tentative budget appropriation bill available to public inspection for at
least 10 days by having at least 3 copies of the report and bill on file in the
office of the district secretary. The commission shall hold at least one
public hearing on the budget report and tentative budget appropriation bill.
Seven days public notice of the hearing shall be given by at least one
publication in a newspaper having a general circulation in the district.
(e) After the hearing, the commission shall consider the budget report
and shall, before the beginning of the new fiscal year, adopt an annual
appropriation ordinance in which the commission shall appropriate the
sums of money required to meet all necessary expenditures
during the fiscal year. In no event shall the aggregate amounts
appropriated exceed the total means of financing. The vote of the
commissioners upon the appropriation ordinance shall be taken by yeas
and nays and recorded in the proceedings of the commission.
(f) Except as otherwise provided in this subsection (f), after the adoption
of the appropriation ordinance, the commission shall not make any further or
other appropriation before the adoption or passage of the next succeeding
annual appropriation ordinance and shall have no power either directly or
indirectly to make any contract or do any act that will add to the expense or
liabilities of the district a sum over and above the amount provided for in the
annual appropriation ordinance for that fiscal year. Notwithstanding
the foregoing provision, the commission may adopt a supplemental appropriation
ordinance for any corporate purpose in an amount not in excess of any
additional receipts available to the Chicago Park District, or estimated to be
received by the district, after the adoption of the annual appropriation
ordinance. The supplemental appropriation ordinance shall, however, only
affect revenue that becomes available after the annual appropriation ordinance
is adopted. For purposes of supplemental appropriation ordinances, notice of
the public hearing at which the ordinance is to be considered shall be given by
publishing notice of the hearing at least once no less than 10 days before the
hearing.
(g) When the voters have approved a bond ordinance for a particular
purpose and the bond ordinance had not been passed at the time of the
adoption of the annual appropriation ordinance, the commission may pass a
supplemental appropriation ordinance (upon compliance with the terms of this
Act) making appropriations for the particular purpose for which the bonds were
authorized. Nothing in this Act shall be construed to forbid the commission
from making any expenditure or incurring any liability rendered necessary to
meet emergencies such as floods, fires, storms, unforeseen damages, or other
catastrophes happening after the annual appropriation
ordinance has been
passed or adopted. Nothing contained in this Act shall be construed to deprive
the commission of the power to provide for and cause to be paid from the
district's funds any charge upon the district imposed by law without the action
of the commission.
(h) The Chicago Park District shall, at any time after the beginning of each
fiscal year, have power to authorize the making of transfers among
appropriations within a department or other separate division under its
jurisdiction or of sums of money appropriated for one object or purpose to
another object or purpose. The commission shall adopt an ordinance
establishing procedures by which the transfers shall be made. In no event shall
transfers from appropriations for ordinary recurring expenses to appropriations
for capital outlays or from capital outlays to ordinary recurring expenses be
authorized or made. No appropriation for any purpose shall be reduced below an
amount sufficient to cover all unliquidated and outstanding contracts or
obligations certified from or against the appropriation for that purpose.
(i) No contract shall be made or expense or liability incurred by the
commission, by any member or committee of the commission, or by any person or
persons for or on its behalf, notwithstanding the expenditures may have been
ordered by the commission, unless an appropriation for the contract, expense,
or liability has been previously made by the commission in the manner provided
in this Section. No officer or employee shall during a fiscal
year expend, or contract to be expended, any money or incur any liability or
enter into any contract that by its terms involves the expenditures of money
for any purpose for which provisions are made in the appropriation ordinance in
excess of the amounts appropriated in the ordinance. Any contract, verbal or
written, made in violation of this Section shall be null and void as to the
district, and no moneys belonging to the district shall be paid
on the contract. Nothing contained in this subsection (i) shall prevent the
making of contracts for the lawful purposes of the district for a period of
more than one year, but any contract so made shall be executory only for the
amounts for which the district may become lawfully liable in succeeding fiscal
years.
(j) If, at the termination of any fiscal year or at the time when the
appropriation ordinance is required to have been passed and published as
provided by this Act, the appropriations necessary for the support of
the district for the ensuing fiscal year have not been made, the several
amounts appropriated in the last appropriation ordinance for the objects and
purposes specified in that ordinance, so far as the amounts related to
operation and maintenance expenses, shall be deemed to be re-appropriated for
the several objects and purposes specified in the last appropriation ordinance.
Until the commission acts in that behalf, the proper officer shall make the
payments necessary for the support of the district on the basis of the
preceding fiscal year.
(k) The appropriation ordinance shall not be construed as an approval by
the commission of any contract liabilities or of any project or purpose
mentioned in the ordinance but should be regarded only as a provision of a fund
or funds for the payment of the liabilities, project, or purpose when contract
liabilities have been found to be valid and legal obligations against such
district and when properly vouchered, audited, and approved by the commission,
or when any project or purpose is approved and authorized by the commission, as
the case may be.
(l) During the year in which this Act is adopted, the commissioners of
the Chicago Park District shall provide for the necessary expenses of
the district by ordinance filed in the records of the commission, and
no expenditure shall be made nor obligation incurred except pursuant to
that ordinance.
(Source: P.A. 90-655, eff. 7-30-98.)
|
70 ILCS 1505/17a
(70 ILCS 1505/17a) (from Ch. 105, par. 333.17a)
Sec. 17a.
After the adoption of the annual appropriation ordinance,
the commissioners may pass a supplemental ordinance or ordinances
appropriating proceeds of bonds of any superseded park districts for the
purposes for which such bonds shall have been authorized.
The annual appropriation ordinance and any supplemental appropriation
ordinance, within one month after adoption, shall be published once in a
newspaper of general circulation and published in the City of Chicago
and shall be in force 10 days after such publication. It is not necessary
that such notice appear in any copies of said publication which are
distributed outside the City of Chicago.
(Source: P.A. 85-1411.)
|
70 ILCS 1505/18
(70 ILCS 1505/18) (from Ch. 105, par. 333.18)
Sec. 18.
The original districts superseded by, or consolidated with, the
Chicago Park District shall remain liable for the payment of all bonded
indebtedness of each such districts as if not superseded by the Chicago
Park District. The commissioners of the Chicago Park District shall
constitute a board for the purpose of determining and certifying and they
shall determine and certify, to the county clerk the amount of tax required
yearly for the purpose of paying the interest and principal of such bonded
debt, which tax shall be extended by the county clerk against all property
embraced within the original district, as if it had not been superseded by
or consolidated with the Chicago Park District. The commissioners of the
Chicago Park District shall have the power to dispose of authorized and
unsold bonds of superseded park district; to provide for the application of
the proceeds thereof and to levy a tax for the payment thereof in the same
manner as the commissioners of such superseded districts were empowered so
to do. The proceeds of the sale of such bonds shall be expended only for
the purposes for which such bonds were originally authorized.
Provided, however, the liability of any superseded park district upon
its bonds shall not continue to such bonds that may be refunded by the
commissioners of the Chicago Park District under "An Act authorizing the
Chicago Park District to assume and become liable for the payment of
certain indebtedness of superseded park districts and to issue its bonds to
refund and/or fund same, legalizing such indebtedness and providing for the
levy and collection of taxes for the payment of such bonds," enacted at the
regular session of the 59th General Assembly.
(Source: Laws 1935, p. 1043.)
|
70 ILCS 1505/19
(70 ILCS 1505/19) (from Ch. 105, par. 333.19)
Sec. 19.
The Chicago Park District Commission is empowered to levy
and collect a general tax on the property in the park district for
necessary expenses of said district for the construction and maintenance
of the parks and other improvements hereby authorized to be made, and
for the acquisition and improvement of lands herein authorized to be
purchased or acquired by any means provided for in this Act.
The commissioners shall cause the amount to be raised by taxation in
each year to be certified to the county clerk on or before March 30 of
each year, in the manner provided by law and all taxes so levied and
certified shall be collected and enforced in the same manner and by the
same officers as for State and county purposes. All such general taxes,
when collected, shall be paid over to the proper officer of the
commission who is authorized to receive and receipt for the same. All
taxes authorized to be levied under this Act shall be levied annually
prior to March 28 in the same manner as nearly as practicable as taxes
are now levied for city and village purposes under the laws of this
State. The aggregate amount of taxes so levied exclusive of levies for
Park Employee's Annuity and Benefit Funds, Park Policemen's Pension
Funds, Park Policemen's Annuity and Benefit Funds, levies to pay the
principal of and interest on bonded indebtedness and judgments and
levies for the maintenance and care of aquariums and museums in public
parks shall not exceed a rate of .66 per cent for the year 1980 and each
year thereafter of the full, fair cash value, as equalized or assessed
by the Department of Revenue, of the taxable property
in said district.
For the purpose of establishing and maintaining a reserve fund for
the payment of claims, awards, losses, judgments or liabilities which
might be imposed on such park district under the Workers' Compensation
Act or the Workers' Occupational Diseases Act, such park district may
also levy annually upon all taxable property within its territorial
limits a tax not to exceed .005% of the full, fair cash value, as
equalized or assessed by the Department of Revenue of
the taxable property in said district as equalized and determined for
State and local taxes; provided, however, the aggregate amount which may
be accumulated in such reserve fund shall not exceed .05% of such
assessed valuation.
If any of the park authorities superseded by this Act shall have
levied and collected taxes pursuant to the provisions of "An Act
concerning aquariums and museums in public parks," approved June 17,
1893, as amended, the park commissioners of the Chicago Park District
may continue to levy an annual tax pursuant to the provisions of such
Act, but such tax levied by such commissioners shall not exceed a rate
of .15 per cent, of the full, fair cash value as equalized or assessed
by the Department of Revenue, of taxable property
within such Chicago Park District and such tax shall be in addition to
all other taxes which such park commissioners may levy. Said tax shall
be levied and collected in like manner as the general taxes for such
Park District and shall not be included within any limitation of rate
for general park purposes as now or hereafter provided by law but shall
be excluded therefrom and be in addition thereto and in excess thereof.
The proceeds of such tax shall be kept as a separate fund.
In addition, the treasurer of the Chicago Park District shall deposit
7.5340% of its receipts in each fiscal year from the Personal Property Tax
Replacement Fund in the State Treasury into such aquarium and museum fund
for appropriation and disbursement of assets of such fund as if such receipts
were property taxes made available pursuant to Section 2 of "An Act concerning
aquariums and museums in public parks", approved June 17, 1893, as amended.
This amendatory Act of 1983 is not intended to nor does it make any change
in the meaning of any provision of this or any other Act but is intended
to be declarative of existing law.
The treasurer of the Chicago Park District shall deposit 0.03968% of
its receipts in each fiscal year from the Personal Property Tax Replacement
Fund in the State Treasury into the Park Employee's Annuity and Benefit Fund.
(Source: P.A. 84-635.)
|
70 ILCS 1505/20
(70 ILCS 1505/20) (from Ch. 105, par. 333.20)
Sec. 20.
The Chicago Park District is authorized to issue the bonds
of such district for the payment of land condemned or purchased for park
or boulevards, for the building, maintaining, improving and protecting
of such for the purpose of establishing, acquiring, completing,
enlarging, ornamenting, building, rebuilding and improving public parks,
boulevards, bridges, subways, viaducts and approaches thereto, wharfs,
piers, jetties, air landing fields and basins, shore protection works,
pleasure grounds and ways, walks, pathways, driveways, roadways,
highways and all public works, grounds, or improvements under the
control of and within the jurisdiction of such park commissioners and
including the filling in of submerged lands for park purposes and
constructing all buildings, field houses, stadiums, shelters,
conservatories, museums, service shops, power plants, structures,
playground devices, boulevard and building lighting systems and building
all other types of permanent improvement and construction necessary to
render the property under the control of such park commissioners usable
for the enjoyment thereof as public parks, parkways, boulevards and
pleasure ways and for the payment of the expenses incident thereto, and
may pledge its property and credit therefor.
Such district shall not incur any bonded indebtedness, exclusive of
outstanding indebtedness to an amount in the aggregate exceeding 2.3% of
the assessed valuation of all taxable property therein as last equalized
and determined for state and local taxes preceding the incurring of such
indebtedness. Bonds
may be issued from time to time to an amount which together with the
outstanding bonded indebtedness of such district, exclusive of bonds
issued to create a working cash fund, will not exceed 1% of the assessed
valuation of all taxable property therein as last equalized and
determined for state and local taxes preceding the issuance of such
bonds without submitting the question to the legal voters for approval.
Except as otherwise provided in this Section and except for working
cash fund bonds issued and to be issued under Section 2 of "An Act
authorizing the Chicago Park District to provide for the creation,
maintenance and administration of a working cash fund", approved July
11, 1935, as amended, bonds shall not be issued until the proposition to
issue such has been submitted to and approved by a majority of the legal
voters of such park district voting upon the proposition, at an election,
after notice of such submission has been
given in the manner provided by the general election law.
Submission of any proposition of issuing bonds shall be authorized by
resolution to be adopted by the Chicago Park District commissioners, which
shall designate the election at which the question
is to be submitted the amount of bonds and purpose for which
such bonds are to be issued.
Any proposition to issue bonds shall be certified by the Chicago Park
District commissioners to the proper election officials,
who shall submit that
proposition in accordance with the general election law. The proposition
shall be in
substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall bonds of the Chicago Park District to the amount of YES ........ Dollars ($........) be - - - - - - - - - - - - - - - - - - - - - - - - - -
issued for the purpose of...... NO ...............................? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Bonds shall be issued in the name of the Chicago Park District in
such form and denomination and shall be payable at such place and time,
not exceeding 20 years from date thereof or, for bonds issued after the
effective date of this amendatory Act of the 93rd General Assembly, not
exceeding 30
years from the date thereof, and may
be redeemable prior to
maturity with or without premium at the option of the commissioners, as
such commissioners may
determine by ordinance duly adopted and the bonds shall be signed by the
president and attested by the secretary under the corporate seal.
After such advertising as the commissioners shall deem
necessary, the bonds
shall be sold at such price and upon such terms as determined by the
commissioners and which will not cause the net effective interest rate to
be paid by the Chicago Park District to exceed that permitted in "An Act to
authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or hereafter
amended. The
validity of any bond so executed shall remain unimpaired, although one
or more of the officers executing such shall have ceased to be such
officer or officers before delivery thereof to the purchaser.
For the purpose of paying the principal of and interest upon such
bonds, the Chicago Park District is authorized to levy and have
collected a direct annual tax upon all taxable property within its
jurisdiction, in addition to all other taxes authorized by law to be
levied and collected for park purposes, sufficient to pay the interest
on such bonds as it falls due and to pay the principal thereof as it
matures, and the county clerk of the county in which such park district
is located upon receiving a certificate from the commissioners that the
amount set out in such certificate is necessary to pay the interest on
and principal of such bonds, shall assess and extend such amount upon
the taxable property embraced in such park district, the same as other
park taxes are by law assessed and extended, and such taxes shall be
collected and paid over in like manner as other park taxes are required
by law to be collected and paid.
(Source: P.A. 93-338, eff. 7-24-03.)
|
70 ILCS 1505/20a
(70 ILCS 1505/20a) (from Ch. 105, par. 333.20a)
Sec. 20a. Bonds; issuance; interest. Notwithstanding anything to the
contrary in Section 20 of this Act, the Chicago Park District is authorized to
issue from time to time bonds of such district in the principal amount of
$84,000,000 for the purpose of paying the cost of erecting, enlarging,
ornamenting, building, rebuilding, rehabilitating and improving any aquarium or
any museum or museums of art, industry, science or natural or other history
located within any public park or parks under the control of the Chicago Park
District, without submitting the question of issuing such bonds to the voters
of the District.
Notwithstanding anything to the contrary in Section 20 of this Act, and in
addition to any other amount of bonds authorized to be issued under this Act,
the Chicago Park District is authorized to issue from time to time, before
January 1, 2004, bonds of the district in the principal amount of $128,000,000
for the purpose of paying the cost of erecting, enlarging, ornamenting,
building, rebuilding, rehabilitating, and improving any aquarium or any museum
or museums of art, industry, science, or natural or other history located
within any public park or parks under the control of the Chicago Park District,
without submitting the question of issuing the bonds to the voters of the
District.
Notwithstanding anything to the contrary in Section 20 of this Act, and in
addition to any other amount of bonds authorized to be issued under this Act,
the Chicago Park District is authorized to issue from time to time bonds of the district in the principal amount of $250,000,000
for the purpose of making contributions to the pension fund established under Article 12 of the Illinois Pension Code
without submitting the question of issuing the bonds to the voters of the
District; except that in any one year, the Chicago Park District may not issue bonds in excess of $75,000,000. Any bond issuances under this subsection are intended to decrease the unfunded liability of the pension fund and shall not decrease the amount of the employer contributions required in any given year under Section 12-149 of the Illinois Pension Code. The bonds authorized under this Section shall be of such denomination
or denominations, may be registerable as to principal only, and shall
mature serially within a period of not to exceed 20 years
or, for bonds issued after the effective date of this amendatory Act of the
93rd General Assembly, within a period
of not
to exceed 30 years, may be
redeemable prior to maturity with or without premium at the option of the
commissioners on such terms and conditions as the commissioners of the Chicago
Park District shall fix by the ordinance authorizing the issuance of such
bonds. The bonds shall bear interest at the rate of not to exceed that
permitted in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as now or hereafter
amended.
Such bonds shall be executed for and on behalf of the Park District
by such officers as shall be specified in the bond ordinance, and one of
such officers may be authorized to execute the bonds by his facsimile
signature, which officer shall adopt as and for his official manual
signature the facsimile signature as it appears upon the bonds.
The ordinance authorizing the issuance of the bonds shall provide for
the levy and collection, in each of the years any of such bonds shall be
outstanding, a tax without limitation as to rate or amount and in
addition to all other taxes upon all the taxable property within the
corporate boundaries of the Chicago Park District, sufficient to pay the
principal of and the interest upon such bonds as the same matures and
becomes due.
A certified copy of the ordinance providing for the issuance of the
bonds and the levying and collecting of the tax to pay the same shall be
filed with the County Clerk of the county in which the Chicago Park
District is located or with the respective County Clerks of each county
in which the Chicago Park District is located. Such ordinance shall be
irrevocable and upon receipt of the certified copy thereof the County
Clerk or County Clerks, as the case may be, shall provide for, assess
and extend the tax as therein provided upon all the taxable property
located within the corporate boundaries of the Chicago Park District, in
the same manner as other park taxes by law shall be provided for,
assessed and extended, and such taxes shall be collected and paid out in
the same manner as other park taxes by law shall be collected and paid.
The interest on any unexpended proceeds of bonds issued under this Section
shall be credited to the Chicago Park District and shall be paid into the
District's general corporate fund. The Chicago Park District may transfer
such amount of interest from the general corporate fund to the aquarium
and museum bond fund.
The amount of the outstanding bonded indebtedness of the Chicago Park
District issued under this Section shall not be included in the bonded
indebtedness of the District in determining whether or not the District
has exceeded its limitation of 1/2 of 1% of the assessed valuation of
all taxable property in the District as last equalized and determined by
the Department of Revenue for the issuance of any bonds authorized under the
provisions of Section 20 of this Act without submitting the question to the
legal voters for approval.
(Source: P.A. 102-263, eff. 8-6-21.)
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70 ILCS 1505/20b
(70 ILCS 1505/20b) (from Ch. 105, par. 333.20b)
Sec. 20b.
After the issuance of bonds for any park district purpose under
Section 20 or 20a has been authorized by ordinance, the Chicago Park District
shall have power to borrow money from time to time for the purposes for
which such bonds are to be issued in anticipation of the receipt of the
proceeds of the sale of such bonds and in an amount which does not exceed
the authorized amount of such bond issue, and without submitting the question
of such borrowing to the legal voters of such park district for approval.
Any such borrowing shall be evidenced by the issuance of bond anticipation
notes, which notes shall mature not more than one year after the date of
issuance of such notes, may be callable prior to their maturity, and may
be offered for sale in such manner as determined by the Chicago Park District
Commissioners.
The notes shall be authorized by ordinance, shall be in such denomination
or denominations, bear interest at such rate or rates not exceeding the
maximum rate permitted by law and fixed by the provisions of the ordinance
authorizing the bonds, shall be in such form and shall be executed in such
manner as the Chicago Park District Commissioners shall prescribe.
The notes may be made payable, both principal and interest to date of
payment, from the funds derived from the sale of bonds for the permanent
financing, or from other available funds, or a combination thereof. The
Chicago Park District Commissioners, at their discretion, may provide for
the levy and collection of a direct annual tax upon all the taxable property
in the park district, sufficient to pay the interest on such notes to maturity,
or any portion of such interest. Upon the filing in the office of the County
Clerk of the county in which the Chicago Park District is located of a
certified copy of the ordinance authorizing the issuance of such notes and
levying a tax to pay the interest thereon, it shall be the duty of such
County Clerk to extend the tax therefor in addition to and in excess of all
other taxes heretofore or hereafter authorized to be levied. Any portion
of the tax so levied and collected, which is not needed to pay interest on
the notes, shall be used to pay interest on the bonds. The notes shall be
surrendered for payment and cancellation when the bonds are issued, or when
other funds are made available for the payment of such notes and the
interest thereon. The notes may also be refunded by the issuance of
refunding notes or may be renewed upon mutual agreement with the holder
of the notes.
(Source: P.A. 79-1447.)
|
70 ILCS 1505/20c
(70 ILCS 1505/20c) (from Ch. 105, par. 333.20c)
Sec. 20c.
The Chicago Park District may enter into agreements with
banks or other financial institutions to obtain letters of credit. Such
letters of credit shall be obtained for the best price available after such
advertising as the commissioners deem necessary.
(Source: P.A. 84-676.)
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70 ILCS 1505/21
(70 ILCS 1505/21) (from Ch. 105, par. 333.21)
Sec. 21.
The commissioners of the Chicago Park District, without
submitting the question to the legal voters for approval, are authorized
to issue negotiable coupon bonds to refund and/or fund outstanding
indebtedness hereinafter described of the several park districts which
were superseded by it, together with accrued interest and interest on
bonds after their maturity, on such indebtedness as is evidenced by
bonds.
Refunding and/or funding bonds of a superseded park district shall be
issued by the Chicago Park District for and on behalf of such superseded
park district and shall be payable from taxes levied upon the taxable
property within the territory of such superseded park district.
Such indebtedness as is evidenced by bonds of superseded park
districts issued for proper corporate purposes is described as follows:
Total of bonds
|
Name of Park District
|
outstanding |
Albany . . . . . . . . . . . . . . . . . . . . . . . . . .
|
$ 568,000.00 |
Calumet . . . . . . . . . . . . . . . . . . . . . . . . .
|
82,000.00 |
Edison . . . . . . . . . . . . . . . . . . . . . . . . . .
|
88,666.67 |
Fernwood . . . . . . . . . . . . . . . . . . . . . . . . .
|
95,000.00 |
Forest Glen . . . . . . . . . . . . . . . . . . . . . . .
|
7,000.00 |
Hollywood . . . . . . . . . . . . . . . . . . . . . . . .
|
99,000.00 |
Irving . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,598,000.00 |
Jefferson . . . . . . . . . . . . . . . . . . . . . . . .
|
876,000.00 |
Lincoln . . . . . . . . . . . . . . . . . . . . . . . . .
|
18,534,000.00 |
North Shore . . . . . . . . . . . . . . . . . . . . . . .
|
692,000.00 |
Northwest . . . . . . . . . . . . . . . . . . . . . . . .
|
4,518,000.00 |
Norwood . . . . . . . . . . . . . . . . . . . . . . . . .
|
171,000.00 |
Old Portage . . . . . . . . . . . . . . . . . . . . . . .
|
1,392,000.00 |
Ravenswood . . . . . . . . . . . . . . . . . . . . . . .
|
22,000.00 |
Ridge Avenue . . . . . . . . . . . . . . . . . . . . . .
|
373,000.00 |
Ridge . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
892,500.00 |
River . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,387,500.00 |
Sauganash . . . . . . . . . . . . . . . . . . . . . . . .
|
83,000.00 |
South . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
48,267,000.00 |
West Chicago . . . . . . . . . . . . . . . . . . . . . .
|
14,273,338.87 |
West Pullman . . . . . . . . . . . . . . . . . . . . . .
|
46,000.00 |
|
.............. |
Total
|
$94,065,005.54 |
|
Indebtedness in the amount of $3,137,045 evidenced by bonds and
interest coupons of Lincoln Park District that were paid at maturity
from bond and/or corporate funds to avoid default thereof which bonds
and interest coupons have not been cancelled and such funds have not
been reimbursed.
Indebtedness as of May 1, 1934 represented by unfunded and floating
obligations of superseded park districts incurred for proper corporate
purposes is described as follows:
Total of unfunded
|
Name of Park District
|
indebtedness |
Albany . . . . . . . . . . . . . . . . . . . . . . .
|
$ 21,130.81 |
Calumet . . . . . . . . . . . . . . . . . . . . . .
|
3,255.86 |
Forest Glen . . . . . . . . . . . . . . . . . . . .
|
643.55 |
Hollywood . . . . . . . . . . . . . . . . . . . . .
|
17,815.98 |
Jefferson . . . . . . . . . . . . . . . . . . . . .
|
861.23 |
Lincoln . . . . . . . . . . . . . . . . . . . . . .
|
46,983.02 |
North Shore . . . . . . . . . . . . . . . . . . . .
|
52,014.06 |
Northwest . . . . . . . . . . . . . . . . . . . . .
|
370,561.10 |
Norwood . . . . . . . . . . . . . . . . . . . . . .
|
1,148.47 |
Old Portage . . . . . . . . . . . . . . . . . . . .
|
839.65 |
Ridge Avenue . . . . . . . . . . . . . . . . . . .
|
1,032.97 |
Ridge . . . . . . . . . . . . . . . . . . . . . . .
|
5,000.00 |
River . . . . . . . . . . . . . . . . . . . . . . .
|
5,113.68 |
Sauganash . . . . . . . . . . . . . . . . . . . . .
|
974.32 |
South . . . . . . . . . . . . . . . . . . . . . . .
|
113,132.57 |
West . . . . . . . . . . . . . . . . . . . . . . . .
|
1,518,393.78 |
West Pullman . . . . . . . . . . . . . . . . . . .
|
249.80 |
|
.............. |
Total
|
$2,159,150.85 |
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Indebtedness existing by reason of unauthorized expenditure of money
from special funds of West Chicago Park District and which funds have
not been reimbursed described as follows:
Employees Annuity and Benefit Fund . . . . . . . . . . . . . . . . .
$593,135.25
Park Policemen's Annuity and Benefit Fund . . . . . . . . . . .
$11,084.38
Public Benefit Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$371,769.47
Additional Land Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$107,182.79
Special Assessment Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$492,867.28
Indebtedness of the Northwest Park District in the amount of
$1,283,876.09 existing by reason of unauthorized expenditure for
corporate purposes of money received from the proceeds of the sale of
its bonds issued and sold for park improvements.
Refunding bonds may be issued to refund any of said bonds prior to
their maturity; to refund any of said bonds that have matured; to refund
any matured coupons evidencing interest on any of said bonds; to refund
any of said bonds which by their terms are subject to redemption before
maturity; to refund any of said bonds and interest coupons that were
paid at maturity from bond and/or corporate funds to avoid default
thereof where such bonds and interest coupons shall not have been
cancelled and such funds shall not have been reimbursed; and to refund
interest at the coupon rate upon any of said matured bonds that has
accrued since the maturity date thereof.
The refunding of bonds, of interest coupons and/or of interest not
represented by coupons may be authorized by one ordinance or by several
ordinances.
Refunding bonds may be exchanged on the basis of par for par for the
bonds, interest not represented by coupons and/or interest coupons
refunded, or refunding bonds may be sold at not less than their par
value and the proceeds received shall be used to pay the bonds, interest
not represented by coupons and/or interest coupons refunded; such
payment may be made without any prior appropriation thereof under any
budget law.
Bonds and interest coupons refunded shall be cancelled and interest
not represented by coupons shall be cancelled and payment thereof
evidenced by written acknowledgment.
Funding bonds may be issued to fund the floating and unfunded
indebtedness of the superseded park districts and to reimburse the
special funds of the West Chicago Park District and the bond proceeds
fund of the Northwest Park District hereinabove described.
Funding bonds may be exchanged on the basis of par for par for the
indebtedness funded or reimbursed or the funding bonds may be sold at
not less than their par value and the proceeds received shall be used to
pay such floating indebtedness and/or to reimburse such special funds;
such payment may be made without any prior appropriation thereof under
any budget law.
Floating indebtedness funded shall be cancelled and payment thereof
and reimbursement of special funds shall be evidenced by written
acknowledgment.
Refunding and/or funding bonds shall be authorized by ordinance and
may be made registerable as to principal and shall be of the form and
denomination, payable at the place and bear such date as may be
determined by the commissioners and shall mature within not to exceed
20 years from their date or, for bonds issued after the effective date of
this amendatory Act of the 93rd General Assembly, within not to exceed 30
years from their date, but may be made callable on any interest payment
date at the price of par and accrued interest after notice shall
be given by publication or otherwise and at the time or times and in the
manner as may be provided in the bond ordinance. Such bonds may bear
interest at the rate of not to exceed six per cent per annum payable at
the time and place provided in the bond ordinance.
The ordinance authorizing such refunding and/or funding bonds of any
superseded park district shall prescribe all details thereof and shall
provide for the levy and collection of an annual tax upon all the
taxable property within the superseded park district sufficient to pay
the principal thereof and interest thereon as it matures which tax shall
be in addition to and exclusive of the maximum of all other taxes
authorized to be levied by said commissioners.
A duly certified copy of the bond ordinance shall be filed in the
office of the County Clerk of Cook County and shall constitute authority
for the extension and collection of such bond and interest taxes as
required by the constitution.
Refunding and funding bonds shall be signed by the facsimile
signature of the president with like effect as if signed with his
genuine signature and shall be signed by such other officers of the
Chicago Park District as may be designated in the bond ordinance.
The validity of any refunding and funding bonds shall remain
unimpaired although one or more of the officers executing same shall
have ceased to be such officer or officers before delivery thereof.
Prior to the maturity of the refunding and/or funding bonds, after
setting aside a sum of money equal to the amount of interest that will
accrue thereon within the next six months period from the time it is
proposed to purchase and/or redeem any such refunding and/or funding
bonds, or the commissioners may require that said sum of money be equal
to the amount of interest that will so accrue within the next twelve
months period, the treasurer of the Chicago Park District shall use the
money available from the proceeds of taxes levied for the payment of the
refunding and/or funding bonds, first, in the purchase of such refunding
and/or funding bonds at the lowest price obtainable, but not to exceed
their par value and accrued interest, after sealed tenders for such
purchase shall have been advertised for as may be directed by the
commissioners thereof and thereafter such money shall be used by said
official in calling said bonds for payment, if, by their terms, they are
subject to redemption.
Refunding and funding bonds called for payment and paid or purchased
shall be marked paid and cancelled.
Whenever refunding or funding bonds are purchased and/or redeemed and
cancelled, the taxes thereafter to be extended for payment of interest
shall be reduced in an amount equal to the interest that thereafter
would have accrued upon such refunding and funding bonds so cancelled
and a resolution shall be adopted by the commissioners finding such
facts and a certified copy thereof shall be filed in the office of the
county clerk of Cook County whereupon it shall be the duty of such
official to reduce and extend such tax levies in accordance therewith.
After bonds are refunded proper reduction of taxes theretofore levied
for the payment of the bonds refunded and next to be extended for
collection shall be made by the County Clerk upon receipt of a
certificate signed by the secretary of the Chicago Park District
describing the bonds refunded and amount thereof and the tax to be
abated.
Money available from uncollected taxes levied for prior years for
payment of bonds and/or interest coupons that have been paid or
refunded, after payment of all warrants that may have been issued in
anticipation of such taxes shall be placed in the Sinking Fund Account
hereinafter designated and used to purchase, call for payment or to pay
at maturity such refunding bonds and interest thereon as herein
provided.
Money received from the proceeds of taxes levied for the payment of
principal of and interest upon such refunding and funding bonds shall be
deposited in the depositary bank or savings and loan association of
the Chicago Park District in a
special account designated as "Chicago Park District and Superseded Park
Districts Bond and Interest Sinking Fund Account." Said money shall be
faithfully applied to the payment of the refunding and/or funding bonds
and interest thereon for which such taxes were levied.
If such money is not immediately necessary for the payment or
redemption of refunding and/or funding bonds or if such bonds cannot be
purchased before maturity, then said money may be invested under the
direction of the commissioners in bonds or other interest bearing
obligations of the United States and bonds of the State of Illinois.
The maturity date of the invested securities shall be prior to the
due date of the refunding and/or funding bonds for the payment of which
said money was collected. Such securities may be sold when ordered by
the commissioners if necessary to obtain cash to meet bond and interest
payments.
The commissioners of the Chicago Park District are authorized to take
any action that may be necessary to inform the owners of such
outstanding bonds and floating indebtedness of the financial condition
of the superseded park districts and the necessity of refunding said
outstanding bonds and readjusting their maturities and funding such
floating indebtedness in order that sufficient taxes may be collected to
take care of all financial obligations. Said commissioners may enter
into such agreements as may be deemed essential to prepare and complete
any refunding and funding plan and are authorized, without previous
appropriation therefor under any budget law, to incur and pay from any
available revenues all expenditures necessary to complete the refunding
of such bonds and the funding of such floating indebtedness of the
superseded park districts and reestablish the credit of the Chicago Park
District.
The outstanding indebtedness of the several superseded park districts
as evidenced by their official records and described in this section is
declared to be the legal and binding obligation of said several
superseded park districts in the amounts therein described,
respectively, and when refunding and/or funding bonds shall have been
issued in lieu thereof, such bonds will constitute the legal and binding
obligation of the superseded park districts, respectively, for the
payment of which all taxable property therein will be liable.
Nothing herein contained shall prevent the commissioners of the
Chicago Park District from accepting the provisions of and issuing
funding and refunding bonds under "An Act authorizing the Chicago Park
District to assume and become liable for the payment of certain
indebtedness of superseded park districts and to issue its bonds to
refund and/or fund same, legalizing such indebtedness and providing for
the levy and collection of taxes for the payment of such bonds," enacted
at the regular session of the 59th General Assembly.
(Source: P.A. 93-338, eff. 7-24-03 .)
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70 ILCS 1505/22
(70 ILCS 1505/22) (from Ch. 105, par. 333.22)
Sec. 22.
For the purpose of paying the principal of and interest upon
refunding and funding bonds of any superseded park district, the
commissioners are authorized to levy and have collected a direct annual tax
upon all the taxable property in such superseded park district, in addition
to all other taxes authorized by law to be levied and collected for park
purposes, sufficient to pay the interest upon said refunding and funding
bonds as it falls due and to pay the principal thereof as it matures, and
the County Clerk of Cook County upon receiving a certificate from the
commissioners that the amount set out in such certificate is necessary to
pay the interest on and principal of said refunding and funding bonds,
shall assess and extend such amount upon the taxable property embraced in
the superseded park district, the bonds and/or floating indebtedness of
which are refunded and/or funded, the same as other park taxes are by law
assessed and extended, and such taxes shall be collected and paid over in
like manner as other park taxes are required by law to be collected and
paid.
(Source: Laws 1935, p. 1043.)
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70 ILCS 1505/23
(70 ILCS 1505/23) (from Ch. 105, par. 333.23)
Sec. 23.
The treasurer or other officer responsible for the funds of the
district, shall be discharged from the responsibility for all moneys
deposited by him pursuant to order, or ordinances of the commission with
any depository which may be so named and qualified, and this shall be
considered by said commission in fixing the bond of such treasurer. The
commission shall have full authority to regulate by ordinance all details
with respect to the matters covered by this Section and to establish active
and inactive banks or savings and loan associations
or to make any other provisions appropriate or
incident to the proper exercise of the duties imposed by this Section.
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, the
treasurer or other officer responsible for the funds of the district,
including, without limitation, each person properly designated as official
custodian of any funds held for the district, including, without
limitation, the official custodian of district 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 the district, a risk management association, including
the district, or a self-insurance pool, including the district
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
district, risk management association or self-insurance pool funds and
(iii) join with any custodians or treasurers of park district, joint
recreational program, risk management association, self-insurance pool or
forest preserve district funds for the purpose of investing any district,
risk management association or self-insurance pool 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 powers 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. 85-1411.)
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70 ILCS 1505/24
(70 ILCS 1505/24) (from Ch. 105, par. 333.23a)
Sec. 24.
The Chicago Park District shall not be liable for passive negligence
on its part for claims arising on and after October 1, 1983.
(Source: P.A. 83-972.)
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70 ILCS 1505/25.1
(70 ILCS 1505/25.1) (from Ch. 105, par. 333.23b)
Sec. 25.1. The Chicago Park District is hereby authorized to: (a) Acquire by purchase or otherwise, own, construct, | | equip, manage, control, erect, improve, extend, maintain and operate motor vehicle parking lot or lots, underground garage or garages, parking meters, and any other revenue producing facilities necessary or incidental to the regulation, control and parking of motor vehicles (hereinafter referred to as parking facilities), as the Commissioners of the Chicago Park District may from time to time find the necessity therefor exists, and for that purpose may acquire property of any and every kind or description, whether real, personal or mixed, by gift, purchase or otherwise;
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(b) Maintain, improve, extend and operate any such
| | parking facilities and charge for the use thereof;
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(c) Enter into contracts dealing in any manner with
| | the objects and purposes of sections 25.1 to 25.9, both inclusive, of this Act as now enacted and as may hereafter be amended;
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(d) Acquire sites and facilities by gift, lease,
| | contract, purchase or condemnation under power of eminent domain, and to pledge the revenues thereof for the payment of any bonds issued for such purpose as provided for in sections 25.1 to 25.9, both inclusive, of this Act as now enacted and as may hereafter be amended. In all cases where property or rights are acquired or sought to be acquired by condemnation the procedure shall be, as nearly as may be, like that provided for the exercise of the right of eminent domain under the Eminent Domain Act;
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(e) Borrow money and issue and sell bonds in such
| | amount or amounts as the Commissioners may determine for the purpose of acquiring, completing, erecting, constructing, equipping, improving, extending, maintaining or operating any or all of its parking facilities, and to refund and refinance the same from time to time as often as it shall be advantageous and to the public interest to do so.
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(Source: P.A. 94-1055, eff. 1-1-07.)
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70 ILCS 1505/25.2
(70 ILCS 1505/25.2) (from Ch. 105, par. 333.23c)
Sec. 25.2.
All bonds issued under authority of sections 25.1 to 25.9, both
inclusive, of this Act as now enacted and as may hereafter be amended,
shall bear interest at not more than the maximum rate
authorized by the
Bond Authorization Act, as amended at the time of the making of the contract, and may
be sold by the Commissioners in such manner as they deem best in the public
interest; provided, however, such bonds shall be sold at such price that
the interest cost of the proceeds therefrom will not exceed the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, based on the average maturity
of such bonds, and computed
according to standard tables of bond values. Such bonds shall be payable
solely and only from the revenues to be derived from the operation of any
or all of its parking facilities and shall be secured by a pledge of the
revenues of any or all of its parking facilities.
Such bonds when issued shall have all the qualities of negotiable
instruments under the Law Merchant and the Negotiable Instrument Law. Such
bonds may bear such date or dates and may mature at such time or times, not
exceeding forty years from their date or dates, and may be in such form,
carry such registration privilege, may be payable at such place or places,
may be subject to such terms of redemption, prior to maturity, with or
without premium, as so stated on the face of the bond, and contain such
terms and covenants, all as may be provided by ordinance authorizing the
issuance of such bonds. To secure the payment of any or all of such bonds
and for the purpose of setting forth the covenants and undertakings of the
Chicago Park District in connection with the issuance thereof and the
issuance of any additional bonds, as well as the use and application of the
revenue and income to be derived from the said facilities, the Chicago Park
District may execute and deliver a trust agreement or agreements. Such
bonds shall be executed by such officers as the Commissioners shall
designate in the said ordinance. Any bonds bearing the signatures of
officers in office at the date of signing thereof shall be valid and
binding for all purposes, notwithstanding that before delivery thereof any
or all such persons whose signatures appear thereon shall cease to be such
officers.
Each such bond shall state upon its face that it is payable solely and
only from the proceeds derived from the operation of the parking facility
or facilities constructed, acquired, erected, completed or equipped with
the proceeds of the sale of said bonds, and shall state upon its face that
it does not constitute a debt of the Chicago Park District within the
meaning of any constitutional or statutory limitation or provision.
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 1505/25.3
(70 ILCS 1505/25.3) (from Ch. 105, par. 333.23d)
Sec. 25.3.
If the Commissioners of the Chicago Park District desire to
issue bonds pursuant to the provisions of sections 25.1 to 25.9, both inclusive,
of this Act as now enacted and as may hereafter be amended, they shall adopt
an ordinance describing in a general way the contemplated project and refer
to plans and specifications therefor, which shall be placed on file in the
office of the secretary of the Chicago Park District, and which shall be
open for the inspection of the public. Such ordinance shall state the estimated
cost of such project, fix the amount of the revenue bonds proposed to be
issued, the maturity or maturities, the interest rate, and all details in
respect thereof. Such ordinance shall contain such covenants and restrictions
as may be deemed necessary or advisable by the Commissioners, and without
limiting the generality of the foregoing, such ordinance shall contain such
covenants as may be determined by the Commissioners as to:
(a) The issuance of additional bonds that may thereafter be issued payable
from the revenues derived from the operation of any such parking facilities
and for the payment of the principal and interest upon such bonds;
(b) The regulation as to the use of any such parking facilities to assure
the maximum use or occupancy thereof;
(c) The kind and amount of insurance to be carried, including use and
occupancy insurance, the cost of which shall be payable only from the revenues
to be derived from the project;
(d) Operation, maintenance, management, accounting and auditing, and the
keeping of records, reports and audits of any such parking facilities;
(e) The obligation of the municipality to maintain the project in good
condition and to operate the same in an economical and efficient manner;
(f) Such other covenants as may be deemed necessary or desirable to assure
a successful and profitable operation of the project and prompt payment
of principal of and interest upon the said bonds so authorized;
(g) The execution of any trust agreement or agreements containing such
covenants and conditions as may be agreed upon between any purchaser and
the Chicago Park District to secure payment of any such revenue bonds.
After said ordinance has been adopted and approved, it shall be published
once in a newspaper published and having general circulation in the Chicago
Park District, and shall become effective ten days after publication or posting thereof.
(Source: P.A. 81-1509.)
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70 ILCS 1505/25.4
(70 ILCS 1505/25.4) (from Ch. 105, par. 333.23e)
Sec. 25.4.
Whenever bonds are issued as provided by sections 25.1 to 25.9,
both inclusive, of this Act as now enacted and as may hereafter be
amended, it shall be the duty of the Commissioners to establish charges and
fees for the use of any such parking facilities sufficient at all times to
pay maintenance and operation costs, and principal of and interest upon
such bonds, and all revenues derived from the operation thereof shall be
set aside as a separate fund and account and used only as hereinafter
provided.
(Source: Laws 1951, p. 398.)
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70 ILCS 1505/25.5
(70 ILCS 1505/25.5) (from Ch. 105, par. 333.23f)
Sec. 25.5.
Whenever revenue bonds are issued under sections 25.1 to 25.9,
both inclusive, of this Act as now enacted and as may hereafter be
amended, the revenues derived from the operation of the project shall be
set aside as collected and be deposited in a separate fund, separate and
apart from all other funds of such Chicago Park District, and be used in
paying the cost of maintenance and operation, paying the principal of and
interest upon the bonds of such Chicago Park District, issued under
sections 25.1 to 25.9, both inclusive, of this Act as now enacted and as
may hereafter be amended, and for the transfer of any surplus amounts
annually to the general corporate fund of said Chicago Park District only
when and in the manner permitted and authorized in accordance with the
covenants and provisions and terms of the ordinance authorizing the
issuance of any such bonds under the provisions of sections 25.1 to 25.9,
both inclusive, of this Act as now enacted and as may hereafter be amended.
(Source: Laws 1951, p. 398.)
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70 ILCS 1505/25.6
(70 ILCS 1505/25.6) (from Ch. 105, par. 333.23g)
Sec. 25.6.
The provisions of Sections 25.1 to 25.9, both inclusive, of this
Act as now enacted and as may hereafter be amended, and of any ordinance
or other proceeding authorizing the issuance of bonds under the provisions
of Sections 25.1 to 25.9, both inclusive, of this Act as now enacted and as
may hereafter be amended, shall constitute a contract with the holders of
such bonds, and any holder of a bond or bonds, or any of the coupons of any
bond or bonds of the Chicago Park District, issued under Sections 25.1 to
25.9, both inclusive, of this Act as now enacted and as may hereafter be
amended, may, by action, mandamus, injunction or other
proceeding, enforce and compel the performance of all duties required by
Sections 25.1 to 25.9, both inclusive, of this Act as now enacted and as
may hereafter be amended, including the making and collecting of sufficient
charges and fees for service and use thereof, and the application of income
and revenue thereof. In the event a trust agreement or agreements are
executed and delivered to secure the payment of any such bonds, the trust
agreement or agreements may prescribe by whom and on whose behalf such
action may be instituted to compel performance and compliance therewith and
of the duties and obligations required by Sections 25.1 to 25.9, both
inclusive, of this Act as now enacted and as may hereafter be amended.
(Source: P.A. 83-345.)
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70 ILCS 1505/25.7
(70 ILCS 1505/25.7) (from Ch. 105, par. 333.23h)
Sec. 25.7.
The Commissioners of the Chicago Park District are hereby
granted authority to make all reasonable rules and regulations of the
Chicago Park District regarding the management and control and use of any
such parking facility or facilities.
(Source: Laws 1951, p. 398.)
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70 ILCS 1505/25.8
(70 ILCS 1505/25.8) (from Ch. 105, par. 333.23i)
Sec. 25.8.
The Commissioners of the Chicago Park District are hereby given
the authority to lease all or any part of any such parking facilities, and
to fix and collect the rentals therefor, and to fix, charge and collect
rentals, fees and charges to be paid for the use of the whole or any part
of any such parking facilities, and to make contracts for the operation and
management of the same, and to provide for the use, management and
operation of such parking facilities through lease or by its own employees,
or otherwise; provided, however, that no lease for the operation or
management of any such parking facilities shall be made for more than one
year, except to the highest and best bidder after notice requesting bids
shall have been given by at least one publication in some newspaper of
general circulation published in the Chicago Park District, such
publication to be made once each week for at least two weeks before the
date of receiving bids therefor. All income and revenue derived from any
such lease or contract shall be deposited in a separate account and used
solely and only for the purpose of maintaining and operating the project,
and paying the principal of and interest on any bonds issued pursuant to
ordinance under the provisions of sections 25.1 to 25.9, both inclusive, of
this Act as now enacted and as may hereafter be amended. Further any
contract or obligation involving the borrowing of money for such purposes,
incurred by the Chicago Park District in the maintenance and operation of
any such parking facilities shall be payable solely and only from the
revenues derived from the operation of the project.
(Source: Laws 1951, p. 398.)
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70 ILCS 1505/25.9
(70 ILCS 1505/25.9) (from Ch. 105, par. 333.23j)
Sec. 25.9.
Sections 25.1 to 25.9, both inclusive, of this Act as now
enacted and as may hereafter be amended, shall not be construed as
authorizing the Chicago Park District to make any expenditure under this
Act except from revenue bonds as above provided or from revenues derived
from the operation of parking facilities, nor shall sections 25.1 to 25.9,
both inclusive, of this Act as now enacted and as may hereafter be amended,
be construed as authorizing the Chicago Park District to engage in any
proprietary activity at or with any such parking facilities other than the
parking of motor vehicles. However, in cases of national emergency the
Chicago Park District may permit the use of such underground garage or
garages as bomb shelters.
(Source: Laws 1951, p. 398.)
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70 ILCS 1505/26.1
(70 ILCS 1505/26.1) (from Ch. 105, par. 333.23l)
Sec. 26.1.
The term "harbor," as used in this section 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 section,
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. 2014.)
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70 ILCS 1505/26.2
(70 ILCS 1505/26.2) (from Ch. 105, par. 333.23m)
Sec. 26.2.
The Chicago Park District, bordering upon 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 Chicago 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 1505/26.3
(70 ILCS 1505/26.3) (from Ch. 105, par. 333.23n)
Sec. 26.3. The Chicago Park District, to carry out the purposes of
this section, 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.
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(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 Section, including riparian rights, within or without the Chicago Park District.
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(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 Chicago Park District, or in, over, and upon bordering public waters.
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(d) To acquire property by agreeing on a boundary
| | line in accordance with the provisions of "An Act to enable the commissioners of Lincoln Park to extend certain parks, boulevards and driveways under its control from time to time and granting submerged lands for the purpose of such extensions and providing for the acquisition of riparian rights and shore lands and interests therein for the purpose of such extensions and to defray the cost thereof," approved May 25, 1931, and "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, and the other Statutes pertaining to Park Districts bordering on navigable waters in the State of Illinois.
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(e) To locate and establish dock, shore and harbor
| |
(f) To license, regulate, and control the use and
| | operation of the harbor, including the operation of all water-borne vessels in the harbor, or otherwise within the jurisdiction of the Chicago Park District.
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(g) To establish and collect fees for all facilities
| | and services, and compensation for materials furnished. Fees charged nonresidents of such district need not be the same as fees charged to residents of the district.
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(h) To appoint a director of special services, harbor
| | masters and other personnel, defining their duties and authority.
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(i) To enter into contracts and leases of every kind,
| | dealing in any manner with the objects and purposes of this section, upon such terms and conditions as the Chicago Park District determines.
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(j) To establish an impoundment area or areas within
| | the jurisdiction of the Chicago Park District.
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(k) To remove and store within the impoundment area
| | or areas a water-borne vessel that:
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(1) is tied or attached to any docks, piers or
| | buoys or other moorings in or upon any harbors or waters of the park system in contravention of those Sections of the Code of the Chicago Park District pertaining to the use of harbors or any rules promulgated by the general superintendent thereunder;
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(2) is located in the waters or harbors for a
| | period of 12 hours or more without a proper permit;
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(3) is abandoned or left unattended in the waters
| | or harbors that impedes navigation on the waters;
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(4) is impeding navigation on the waters, because
| | the persons in charge are incapacitated due to injury or illness;
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(5) is abandoned in the waters or harbors for a
| | period of 10 hours or more;
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(6) is seized under Article 36 of the Criminal
| | Code of 2012, having been used in the commission of a crime;
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(7) is reported stolen and the owner has not been
| | located after a reasonable search.
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(l) To impose a duty on the director of special
| | services or other appointed official to manage and operate the impoundment process and to keep any impounded vessel until such vessel is repossessed by the owner or other person legally entitled to possession thereof or otherwise disposed of in accordance with ordinances or regulations established by the Chicago Park District.
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(m) To impose fees and charges for redemption of any
| | impounded vessel to cover the cost of towing and storage of the vessel while in custody of the Chicago Park District.
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(n) To release any impounded vessel to a person
| | entitled to possession or to dispose of such vessel which remains unclaimed after a reasonable search for the owner has been made in full compliance with ordinances and regulations of the Chicago Park District.
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(o) To control, license and regulate, including the
| | establishment of permits and fees therefor, the chartering, renting or letting for hire of any vessel operating on the waters or harbors within the jurisdiction of the Chicago Park District.
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(p) To rent storage space to owners of vessels during
| | such seasons and at such fees as are prescribed from time to time in regulations of the Chicago Park District.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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70 ILCS 1505/26.3-1
(70 ILCS 1505/26.3-1) (from Ch. 105, par. 333.23n-1)
Sec. 26.3-1.
In addition to any other penalties provided in this or any
other Act, any person who violates an ordinance or regulation of the Chicago
Park District pertaining to the waters or harbors under the jurisdiction
of the Chicago Park District or to the licensing, operation, or chartering
of vessels therein is guilty of a petty offense and shall be fined not less
than $25 nor more than $500 for each violation. Each day that a violation
continues shall constitute a separate offense.
(Source: P.A. 81-883.)
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70 ILCS 1505/26.3-2
(70 ILCS 1505/26.3-2) (from Ch. 105, par. 333.23n-2)
Sec. 26.3-2.
In addition to any other penalties provided in this or any
other Act, any person who is convicted of a violation of an ordinance or
regulation pertaining to the chartering of vessels may, in the discretion
of the commissioners of the Chicago Park District, be refused operating
and mooring privileges within the Chicago Park District harbor for a period
not to exceed 3 years.
(Source: P.A. 81-883.)
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70 ILCS 1505/26.4
(70 ILCS 1505/26.4) (from Ch. 105, par. 333.23o)
Sec. 26.4.
The Chicago Park District shall submit its plan for any construction
to be undertaken under this section for approval to: (a) the Department
of Transportation of the State of Illinois,
and to (b) the proper officials of the United States Government.
(Source: P.A. 81-840.)
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70 ILCS 1505/26.5
(70 ILCS 1505/26.5) (from Ch. 105, par. 333.23p)
Sec. 26.5.
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 Chicago Park District for harbor and other public
purposes, and the same shall be a part of the public park under the
jurisdiction of the Chicago Park District. The harbor, and all real and
personal property connected therewith, owned and operated by the Chicago
Park District under the provisions of this section are exempt from
taxation.
(Source: Laws 1959, p. 2014.)
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70 ILCS 1505/26.6
(70 ILCS 1505/26.6) (from Ch. 105, par. 333.23q)
Sec. 26.6.
The Chicago 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 section 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 rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract, 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 Commissioners of the Chicago
Park District 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 Chicago Park District to pay the
bond or interest thereon. Each bond issued under this section 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
Chicago 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 1505/26.7
(70 ILCS 1505/26.7) (from Ch. 105, par. 333.23r)
Sec. 26.7.
If the Commissioners of the Chicago Park District desire to
issue bonds pursuant to the provisions of Sections 26.1 to 26.10, both
inclusive, of this Act as now enacted and as may hereafter be amended,
they 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
placed on file in the office of the Secretary of the Chicago Park District
and shall be open to the inspection of the public. 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 Chicago 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 thereafter be issued
payable from the revenues derived from the operation of such harbor or
buildings, structures and facilities, and for the payment of the principal
and interest on such bonds;
(b) The regulations as to the use of any such harbor and facilities to
assure the efficient use and occupancy thereof;
(c) Kind and amount of insurance to be carried, including use and
occupancy insurance, cost of which shall be payable only from the revenues
derived from the harbor and facilities;
(d) Operation, maintenance, management, accounting and auditing,
employment of harbor engineers and consultants, and keeping of records,
reports and audits of any such harbor and facilities;
(e) The obligation of the Chicago Park District to maintain the harbor
and facilities in good condition and to operate same in an economical and
efficient manner;
(f) Providing for setting aside any sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful and
the regulation and disposition thereof;
(g) Providing for the setting aside of a sinking fund into which shall
be payable from the revenues of such harbor and facilities from month to
month as such revenues are collected such sums as will be sufficient to pay
the accruing interest and retire the bonds at maturity;
(h) Agreeing to fix and collect fees and rents and other charges for the
use of such harbor or facilities, sufficient together with other available
money to produce revenue adequate to pay the bonds at maturity and accruing
interest and reserves therefor, and sufficient to pay cost of maintenance,
operation and depreciation thereof in such order of priority as shall be
provided by the ordinance authorizing the bonds;
(i) Fixing procedure by which the terms of any contract with the holders
of the bonds may be amended, the amount of bonds the holders of which must
consent thereto, and the manner in which consent may be given;
(j) Providing the procedure for refunding such bonds;
(k) Providing whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
ordinance, or the Trustee, if any, may by
action, mandamus, injunction or other proceeding, enforce or compel
the performance of
all duties required by this Act, including the fixing, maintaining and
collecting of fees, rates or other charges for the use of the harbor or
other facilities, or for any service rendered by the Chicago Park District
in the operation thereof as will be sufficient, together with other
available money, to pay the principal of and interest upon these revenue
bonds as they become due and reserves therefor and sufficient to pay the
cost of maintenance and operation and depreciation of the harbor and
facilities in the order of priority as provided in the ordinance
authorizing the bonds and application of the income and revenue thereof;
(l) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the harbor and facilities,
and prompt payment of the principal of and interest upon the bonds so
authorized.
The Chicago Park District may enter into a trust agreement to secure
payment of the bonds issued hereunder.
After the ordinance has been adopted and approved, it shall be
published once in a newspaper published and having a general circulation in
the Chicago Park District and shall become effective ten days after
publication or posting thereof.
(Source: P.A. 83-345.)
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70 ILCS 1505/26.8
(70 ILCS 1505/26.8) (from Ch. 105, par. 333.23s)
Sec. 26.8.
Whenever revenue bonds are issued under Sections 26.1 to 26.10,
both inclusive, of this Act as now enacted and as may hereafter be
amended, the revenues 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
26.7. 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 Chicago 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. 2014.)
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70 ILCS 1505/26.9
(70 ILCS 1505/26.9) (from Ch. 105, par. 333.23t)
Sec. 26.9.
The Chicago 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 constructions, 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 Chicago Park District theretofore issued that are
payable from the revenues derived from the operation of the harbor or
facilities.
(Source: Laws 1959, p. 2014.)
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70 ILCS 1505/26.10
(70 ILCS 1505/26.10) (from Ch. 105, par. 333.23u)
Sec. 26.10.
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 purpose of investment.
(Source: Laws 1959, p. 2014.)
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70 ILCS 1505/26.10-1
(70 ILCS 1505/26.10-1) (from Ch. 105, par. 333.23u-1)
Sec. 26.10-1.
The territory known as Grant Park shall be under the
jurisdiction of the Chicago Park District and shall be subject to the
provisions of "An Act in relation to Grant Park and to amend an Act in
relation thereto", enacted by the 84th General Assembly.
(Source: P.A. 84-978.)
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70 ILCS 1505/26.10-2
(70 ILCS 1505/26.10-2) (from Ch. 105, par. 333.23u-2)
Sec. 26.10-2.
It is hereby declared that the transfer of land effected
by this Section is intended for the improvement of certain park facilities,
in order to further the public interest, including the expansion of the
John G. Shedd Aquarium lying within the boundaries of the Chicago Park
District. In furtherance thereof, all right, title and interest that the
State of Illinois has or may have in and to the following described land,
now or heretofore submerged beneath the waters of Lake Michigan, shall be
vested in and is hereby quitclaimed and conveyed in fee to the Chicago Park
District, its successors or assigns: An approximately 2.01 acre irregular
shaped tract of submerged land bounded to the west and south by the toe of
the existing lake wall surrounding the Shedd Aquarium; to the east by a
320' radius taken from a point 113' due east of the center of the existing
Shedd Aquarium building, which radius will intersect a north-south line
184.5 feet due east of the existing north-south lake wall on the north side
of Solidarity Drive. In the event that the reclamation of submerged lands
in association with the expansion of the John G. Shedd Aquarium upon the
above described real property has not begun by January 1, 1997, such right,
title and interest vested in and conveyed hereby to the Chicago Park District,
its successors or assigns, shall revert back to the State of Illinois. The
provisions of this Section shall not affect in any way whatsoever the
requirements of "An Act in relation to the regulation of the rivers, lakes
and streams of the State of Illinois", approved June 10, 1911, as amended.
(Source: P.A. 85-133.)
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70 ILCS 1505/26.10-3
(70 ILCS 1505/26.10-3) (from Ch. 105, par. 333.23u-3)
Sec. 26.10-3.
As soon after the end of each fiscal year as may be
expedient, the commissioners shall cause to be prepared and printed a
complete and detailed report and financial statement of the district's
operations and of the district's assets and liabilities. A reasonably
sufficient number of copies of such report shall be delivered to the
appropriate committee of the Chicago City Council.
(Source: P.A. 85-1411.)
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70 ILCS 1505/26.10-4 (70 ILCS 1505/26.10-4) Sec. 26.10-4. Definitions. The following terms, whenever used or referred to in this Act, have the following meaning 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 (50 ILCS 510/) 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 the Chicago 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 Chicago 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 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225
ILCS 325/),
the Structural Engineering Practice Act of 1989 (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act of 1989 (225 ILCS 330/).
"Landscape architect design professional" means any person, sole proprietorship, or entity such as a partnership, professional service corporation, or corporation that offers services under the Landscape Architecture Registration Act. "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.
"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 Chicago 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.
"Guaranteed maximum price" means a form of contract in which compensation may vary according to the scope of work involved but in any case may not exceed an agreed total amount.
(Source: P.A. 102-284, eff. 8-6-21.) |
70 ILCS 1505/26.10-5 (70 ILCS 1505/26.10-5) Sec. 26.10-5. Authorization for design-build; advertisement. (a) The Chicago Park District shall have the power to enter into design-build contracts. In addition to the requirements set forth in its ordinances, the Chicago Park District shall advertise a design-build solicitation at least once in a daily newspaper of general circulation in Cook County. 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 can obtain a complete copy of the request for design-build proposals, including the criteria for evaluation and the scope and performance criteria. The Chicago Park District is not precluded from using other media or from placing advertisements in addition to the one required under this subsection. (b) The Chicago 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. 96-777, eff. 8-28-09.) |
70 ILCS 1505/26.10-6 (70 ILCS 1505/26.10-6) Sec. 26.10-6. Solicitation of design-build proposals. (a) When the Chicago 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 the proposal. The Chicago Park District
must publish the advance notice in a daily newspaper of general circulation in Cook County. The
Chicago Park District is encouraged to use publication of the notice in related construction
industry service publications. A brief description of the proposed procurement
must be included in the notice. The Chicago 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 | |
(2) The proposed budget for the project, the source
| | of funds, and the currently available funds at the time the request for proposal is submitted.
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(3) Prequalification criteria for design-build
| | entities wishing to submit proposals. The Chicago Park District shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the Chicago Park District.
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(4) Material requirements of the contract, including
| | but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals established by the corporate authorities of the Chicago Park District for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.
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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 that will be considered
| | for the technical and cost evaluation phase.
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| (c) The Chicago 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 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 Chicago 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. 96-777, eff. 8-28-09.)
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70 ILCS 1505/26.10-7 (70 ILCS 1505/26.10-7) Sec. 26.10-7. Development of design-build scope and performance criteria. (a) The Chicago 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 Chicago 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 Chicago 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 Chicago Park District, or the Chicago Park District may
contract with an independent design professional selected under the
Local Government Professional Services Selection Act (50 ILCS 510/) 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. 96-777, eff. 8-28-09.) |
70 ILCS 1505/26.10-8 (70 ILCS 1505/26.10-8) Sec. 26.10-8. Procedures for design-build selection. (a) The Chicago Park District must use a two-phase procedure for the
selection of the
successful design-build entity. Phase I of the procedure will evaluate and
shortlist the design-build entities based on qualifications, and Phase II
will
evaluate the technical and cost proposals. (b) The Chicago 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 Chicago 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 Chicago Park District. The Chicago Park District must maintain a
record of the evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The Chicago 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 of the project and qualifications of the entity's consultants; and (8) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the Chicago Park District and in complying with Section 2-105 of the Illinois Human Rights Act. The Chicago Park District may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.
The Chicago 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 Chicago 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 established in the minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the Chicago Park District and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the Chicago Park District shall
create a shortlist of the most highly qualified design-build entities. The
Chicago Park District, in its discretion, is not required to shortlist the
maximum number of
entities as identified for Phase II evaluation, provided however, no less than
2
design-build entities nor more than 6 are selected to submit Phase II
proposals.
The Chicago Park District shall notify the entities selected for the
shortlist in
writing. This notification shall commence the period for the preparation of the
Phase II technical and cost evaluations. The Chicago Park District must
allow sufficient
time for the shortlist entities to prepare their Phase II submittals
considering
the scope and detail requested by the Chicago Park District.
(c) The Chicago 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 Chicago Park District. The Chicago Park District must
maintain a record of the
evaluation scoring to be disclosed in event of a protest regarding the
solicitation.
The Chicago 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 for proposal
requirements; (3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in meeting the scope and
performance criteria; and (7) constructability of the
proposed project. The Chicago Park District may include any additional
relevant
technical evaluation factors it deems necessary for proper selection.
The Chicago Park District shall include the following criteria in every
Phase II cost
evaluation: the guaranteed maximum project cost and the time of
completion. The Chicago Park District may include any additional relevant
technical
evaluation factors it deems necessary for proper selection. The guaranteed maximum project cost criteria weighing factor shall not exceed 30%.
The Chicago 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 Chicago Park District may award the design-build contract to the
highest
overall ranked entity.
(Source: P.A. 100-201, eff. 8-18-17.) |
70 ILCS 1505/26.10-9 (70 ILCS 1505/26.10-9) Sec. 26.10-9. 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 Chicago Park District
may combine
the two-phase procedure for design-build selection described in Section 26.10-8 into one combined
step, provided that all the requirements of evaluation are performed in
accordance with Section 26.10-8.
(Source: P.A. 96-777, eff. 8-28-09.) |
70 ILCS 1505/26.10-10 (70 ILCS 1505/26.10-10) Sec. 26.10-10. 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 Chicago 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 Chicago Park District shall review the proposals for compliance with
the
performance criteria and evaluation factors.
Proposals may be withdrawn prior to the due date and time for submissions for any cause. After
evaluation begins by the Chicago Park District, clear and convincing
evidence of error
is required for withdrawal.
(Source: P.A. 96-777, eff. 8-28-09.) |
70 ILCS 1505/26.10-11 (70 ILCS 1505/26.10-11) Sec. 26.10-11. Design-build award. The Chicago 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 Chicago Park District may
not request a
best and final offer after the receipt of proposals. The Chicago 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. 96-777, eff. 8-28-09.) |
70 ILCS 1505/26.10-12 (70 ILCS 1505/26.10-12) Sec. 26.10-12. Vaccinations administered on Chicago Park District property. The Chicago Park District may not prohibit licensed medical personnel from using appropriate medical equipment, including needles, to administer vaccinations as part of a health related program or fair held on property owned or leased by the Chicago Park District, provided that all permit requirements, policies, and procedures of the Chicago Park District are complied with in full as determined by the Chicago Park District.
(Source: P.A. 97-211, eff. 7-28-11.) |
70 ILCS 1505/26.11
(70 ILCS 1505/26.11) (from Ch. 105, par. 333.23v)
Sec. 26.11.
If any provision of this Act or the application
thereof to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications
of this Act which can be given effect without the invalid application
or provision, and to this end the provisions of this Act are
declared to be severable.
(Source: P.A. 79-1053.)
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