Rep. Michael W. Tryon

Filed: 2/28/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2232

2    AMENDMENT NO. ______. Amend House Bill 2232 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Park District Code is amended by changing
5Section 8-1 as follows:
 
6    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
7    Sec. 8-1. General corporate powers. Every park district
8shall, from the time of its organization, be a body corporate
9and politic by such name as set forth in the petition for its
10organization or such name as it may adopt under Section 8-8
11hereof and shall have and exercise the following powers:
12    (a) To adopt a corporate seal and alter the same at
13pleasure; to sue and be sued; and to contract in furtherance of
14any of its corporate purposes.
15    (b) (1) To acquire by gift, legacy, grant or purchase, or
16by condemnation in the manner provided for the exercise of the

 

 

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1power of eminent domain under the Eminent Domain Act, any and
2all real estate, or rights therein necessary for building,
3laying out, extending, adorning and maintaining any such parks,
4boulevards and driveways, or for effecting any of the powers or
5purposes granted under this Code as its board may deem proper,
6whether such lands be located within or without such district;
7but no park district, except as provided in paragraph (2) of
8this subsection, shall have any power of condemnation in the
9manner provided for the exercise of the power of eminent domain
10under the Eminent Domain Act or otherwise as to any real
11estate, lands, riparian rights or estate, or other property
12situated outside of such district, but shall only have power to
13acquire the same by gift, legacy, grant or purchase, and such
14district shall have the same control of and power over lands so
15acquired without the district as over parks, boulevards and
16driveways within such district.
17    (2) In addition to the powers granted in paragraph (1) of
18subsection (b), a park district located in more than one
19county, the majority of its territory located in a county over
20450,000 in population and none of its territory located in a
21county over 1,000,000 in population, shall have condemnation
22power in the manner provided for the exercise of the power of
23eminent domain under the Eminent Domain Act or as otherwise
24granted by law as to any and all real estate situated up to one
25mile outside of such district which is not within the
26boundaries of another park district.

 

 

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1    (c) To acquire by gift, legacy or purchase any personal
2property necessary for its corporate purposes provided that all
3contracts for supplies, materials or work involving an
4expenditure in excess of $20,000 shall be let to the lowest
5responsible bidder after due advertisement. No district shall
6be required to accept a bid that does not meet the district's
7established specifications, terms of delivery, quality, and
8serviceability requirements. Contracts which, by their nature,
9are not adapted to award by competitive bidding, such as
10contracts for the services of individuals possessing a high
11degree of professional skill where the ability or fitness of
12the individual plays an important part, contracts for the
13printing of finance committee reports and departmental
14reports, contracts for the printing or engraving of bonds, tax
15warrants and other evidences of indebtedness, contracts for
16utility services such as water, light, heat, telephone or
17telegraph, contracts for the use, purchase, delivery,
18movement, or installation of data processing equipment,
19software, or services and telecommunications and interconnect
20equipment, software, or services, contracts for duplicating
21machines and supplies, contracts for goods or services procured
22from another governmental agency, purchases of equipment
23previously owned by some entity other than the district itself,
24and contracts for the purchase of magazines, books,
25periodicals, pamphlets and reports are not subject to
26competitive bidding. Contracts for emergency expenditures are

 

 

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1also exempt from competitive bidding when the emergency
2expenditure is approved by 3/4 of the members of the board.
3    All competitive bids for contracts involving an
4expenditure in excess of $20,000 must be sealed by the bidder
5and must be opened by a member or employee of the park board at
6a public bid opening at which the contents of the bids must be
7announced. Each bidder must receive at least 3 days notice of
8the time and place of the bid opening.
9    For purposes of this subsection, "due advertisement"
10includes, but is not limited to, at least one public notice at
11least 10 days before the bid date in a newspaper published in
12the district or, if no newspaper is published in the district,
13in a newspaper of general circulation in the area of the
14district.
15    (d) To pass all necessary ordinances, rules and regulations
16for the proper management and conduct of the business of the
17board and district and to establish by ordinance all needful
18rules and regulations for the government and protection of
19parks, boulevards and driveways and other property under its
20jurisdiction, and to effect the objects for which such
21districts are formed.
22    (e) To prescribe such fines and penalties for the violation
23of ordinances as it shall deem proper not exceeding $1,000 for
24any one offense, which fines and penalties may be recovered by
25an action in the name of such district in the circuit court for
26the county in which such violation occurred. The park district

 

 

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1may also seek in the action, in addition to or instead of fines
2and penalties, an order that the offender be required to make
3restitution for damage resulting from violations, and the court
4shall grant such relief where appropriate. The procedure in
5such actions shall be the same as that provided by law for like
6actions for the violation of ordinances in cities organized
7under the general laws of this State, and offenders may be
8imprisoned for non-payment of fines and costs in the same
9manner as in such cities. All fines when collected shall be
10paid into the treasury of such district.
11    (f) To manage and control all officers and property of such
12districts and to provide for joint ownership with one or more
13cities, villages or incorporated towns of real and personal
14property used for park purposes by one or more park districts.
15In case of joint ownership, the terms of the agreement shall be
16fair, just and equitable to all parties and shall be set forth
17in a written agreement entered into by the corporate
18authorities of each participating district, city, village or
19incorporated town.
20    (g) To secure grants and loans, or either, from the United
21States Government, or any agency or agencies thereof, for
22financing the acquisition or purchase of any and all real
23estate, or rights therein, or for effecting any of the powers
24or purposes granted under this Code as its Board may deem
25proper.
26    (h) To establish fees for the use of facilities and

 

 

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1recreational programs of the districts and to derive revenue
2from non-resident fees from their operations. Fees charged
3non-residents of such district need not be the same as fees
4charged to residents of the district. Charging fees or deriving
5revenue from the facilities and recreational programs shall not
6affect the right to assert or utilize any defense or immunity,
7common law or statutory, available to the districts or their
8employees.
9    (i) To make contracts for a term exceeding one year, but
10not to exceed 3 years, notwithstanding any provision of this
11Code to the contrary, relating to: (1) the employment of a park
12director, superintendent, administrator, engineer, health
13officer, land planner, finance director, attorney, police
14chief, or other officer who requires technical training or
15knowledge; (2) the employment of outside professional
16consultants such as engineers, doctors, land planners,
17auditors, attorneys, or other professional consultants who
18require technical training or knowledge; and (3) the provision
19of data processing equipment and services; and (4) the purchase
20of energy from a utility or an alternative retail electric
21supplier. With respect to any contract made under this
22subsection (i), the corporate authorities shall include in the
23annual appropriation ordinance for each fiscal year an
24appropriation of a sum of money sufficient to pay the amount
25which, by the terms of the contract, is to become due and
26payable during that fiscal year.

 

 

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1    (j) To enter into licensing or management agreements with
2not-for-profit corporations organized under the laws of this
3State to operate park district facilities if the corporation
4covenants to use the facilities to provide public park or
5recreational programs for youth.
6(Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".