(65 ILCS 5/11-95-3) (from Ch. 24, par. 11-95-3)
Sec. 11-95-3.
If the corporate authorities of a municipality specified in
Section 11-95-2 determine that the power to establish, conduct, and
maintain a recreation system shall be exercised by a recreation board, the
corporate authorities, by resolution or ordinance, shall establish a
recreation board in the municipality. This board shall possess all of the
powers and be subject to all of the responsibilities of the corporate
authorities under this Division 95. When established, the board shall
consist of 3, 5, 7, or 9 persons, as the corporate authorities may determine,
to be appointed by the mayor or president of the municipality with the consent
of the corporate authorities. The board shall serve without compensation.
Where the board is composed of 3 members their term of office shall be 3
years, and where composed of 5, 7, or 9 members, 5 years, or until their
successors are appointed and have qualified, except that the members of the
board first appointed shall be appointed for such terms that the term of one
member shall expire annually thereafter. If a vacancy occurs in the office of
any board member, the mayor or president shall appoint a successor to serve for
the unexpired term.
(Source: P.A. 87-1197.)
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(65 ILCS 5/11-95-4) (from Ch. 24, par. 11-95-4)
Sec. 11-95-4.
Any school board or park board may join with any municipality
in conducting and maintaining a recreation system.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-5) (from Ch. 24, par. 11-95-5)
Sec. 11-95-5.
A recreation board or other authority in which is vested the
power to establish, conduct, and maintain playgrounds and recreation
centers pursuant to this Division 95, may accept any grant or legacy of
real estate or any gift or legacy of money or other personal property or
any donation, the principal or income of which is to be applied for either
temporary or permanent use for recreation purposes. But if the acceptance
thereof for recreation purposes will subject the municipality to expense
for improvements, maintenance, or renewal, the acceptance shall be subject
to the approval of the corporate authorities of the municipality.
Money received for recreation purposes, unless otherwise provided by the
terms of the gift or legacy, shall be deposited with the municipal
treasurer to the account of the recreation board or other specified
authority. This money may be withdrawn and paid out in the same manner as
money appropriated for recreation purposes.
(Source: P.A. 83-388.)
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(65 ILCS 5/11-95-6) (from Ch. 24, par. 11-95-6)
Sec. 11-95-6.
Subject to the adoption of a proposition therefor at a
municipal election, the corporate authorities of a municipality may provide
that the bonds of the municipality may be issued, in the manner provided by
law for the issuance of bonds for other purposes, for the purpose of
acquiring land or buildings for recreation areas, and for the equipment
thereof.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-7) (from Ch. 24, par. 11-95-7)
Sec. 11-95-7.
Whenever a petition signed by at least 10% of the electors
of a municipality with a population of less than 500,000 is filed with the
municipal clerk the municipal clerk shall certify the question of the
establishment, maintenance, and conduct of a recreation system for submission
to the electors at an election in accordance with the general election
law. The petition shall request the corporate
authorities of the municipality to establish, maintain, and conduct a
supervised recreation system and to levy an annual tax for the establishment,
conduct, and maintenance thereof. The petition shall designate the minimum
tax to be levied except that in no case shall the tax be more than 0.09% of the value, as equalized or assessed by the Department of Revenue,
of all taxable property within the corporate limits of the municipality.
The corporate authorities may accumulate funds from the proceeds of
such tax for the purpose of building, repairs and improvements for
recreation purposes in excess of current requirements for such purposes
but subject to the limitation set herein.
(Source: P.A. 92-651, eff. 7-11-02.)
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(65 ILCS 5/11-95-8) (from Ch. 24, par. 11-95-8)
Sec. 11-95-8.
The corporate authorities of any municipality adopting
this proposition shall thereafter levy and collect, annually, a tax of
not less than the minimum set out in the specified petition nor more
than the maximum specified in Section 11-95-7. If, however, the
corporate authorities desire to levy a tax in excess of .09% but not in
excess of .20% of value for such purposes, the corporate authorities
may, by ordinance, stating the tax rate desired, cause a proposition for
an assent thereto to be submitted to the voters of the municipality. The
proposition shall be certified
by the clerk for submission by the proper election authority at an election
in accordance with the general election law. If a majority of the votes cast upon
the proposition are in favor thereof, the corporate authorities may
thereafter levy a tax for recreation purposes at the authorized
increased rate. This tax shall be in addition to taxes for general
purposes authorized by Section 8-3-1, and shall be exclusive of all
other taxes which the municipality may levy and collect.
(Source: P.A. 81-1489.)
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(65 ILCS 5/11-95-9) (from Ch. 24, par. 11-95-9)
Sec. 11-95-9.
The expense of the establishment, maintenance, and conduct of
recreation facilities and programs shall be paid out of taxes or out of
money received as, or realized from gifts received for recreation purposes.
The expenditures shall be made under the direction of the recreation board
upon warrants drawn upon the municipal treasury.
(Source: Laws 1967, p. 2586.)
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(65 ILCS 5/11-95-10) (from Ch. 24, par. 11-95-10)
Sec. 11-95-10.
All playgrounds, recreation centers, recreation
systems, and swimming pools which were provided, established, maintained
and conducted under "An Act to provide for the acquisition, equipment,
conduct and maintenance of public playgrounds and recreation centers in
and by cities, towns and villages of less than one hundred and fifty
thousand inhabitants," approved June 24, 1921, as amended, and which
were being maintained and conducted immediately prior to January 1,
1942, shall be treated as properly provided and established under this
Division 95 and may be continued to be maintained and conducted under
this Division 95.
The corporate authorities of all municipalities whose electors have
approved the levy of an annual tax for the conduct and maintenance of a
supervised recreation system under the specified Act may, by ordinance
or resolution, and without referendum, increase the maximum rate at
which it levies taxes for recreation system purposes to .09% of the
value, as equalized or assessed by the Department of Revenue, of all
taxable property within the corporate limits of the
municipality, applicable on August 3, 1967.
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-11) (from Ch. 24, par. 11-95-11)
Sec. 11-95-11.
Whenever the greater portion of the area of a city, village or
incorporated town lies within the boundaries of a single Park District,
and the population of such city, village or incorporated town
constitutes a majority of the population of the Park District, and the
city, village or incorporated town levies and collects a tax for
recreation purposes, the functions of the Recreation Commission may be
merged with and relinquished to the Park District in the manner
following: The governing board of the city, village or incorporated town
shall adopt an ordinance by a vote of not less than 2/3 of the members
thereof. The ordinance shall set forth the intent and desire of the
city, village or incorporated town to relinquish and turn over to the
Park District the function of planning, establishing and maintaining the
municipal recreation program within the boundaries of the city, village
or incorporated town and to relinquish any and all powers which it may
have to levy and collect a tax known as "The Recreation Tax". The clerk
of the city, village or incorporated town shall mail a certified copy of
the ordinance to the Park District. If the Park Commissioners of the
Park District see fit, they may adopt an ordinance, by a vote of not
less than 2/3 of the members. This ordinance shall provide that the Park
District assumes the planning, establishing and maintaining of the
municipal recreation program within the boundaries of the city and the
Park District will levy and collect a tax at a rate not to exceed that
levied by the city, village or incorporated town, but that tax may not
exceed .09%, or the rate limit in effect on July 1, 1967, whichever is
greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such District for
the purpose of planning, establishing and maintaining recreational
programs, such programs to include playgrounds, community and recreation
centers.
Six months from the date of the adoption of the Ordinance by the Park
District, the District shall assume the functions previously performed
by the city, village or incorporated town through its recreation
commission, or other board or commission designated by the city, village
or incorporated town. Thereafter the Park District may levy and collect
a tax of not to exceed that rate previously levied by the city, village
or incorporated town for recreation purposes, but the rate of tax may
not exceed .09%, or the rate limit in effect on July 1, 1967, whichever
is greater, of the value as equalized or assessed by the Department of
Revenue, of all taxable property in such district for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers and which tax shall be levied and collected in like manner as
the general taxes for the District. The foregoing limitations upon tax
rates may be increased or decreased under the referendum provisions of
the General Revenue Law of the State of Illinois. The tax to be levied
under this Section shall be in addition to all other taxes authorized by
law to be levied and collected in such district and shall not be
included within any limitation of rate contained in this Code or any
other law, but shall be excluded therefrom and be in addition thereto
and in excess thereof. Whenever the tax levied under this Section shall
be levied in addition to the tax levied under Section 5-2 of "The Park
District Code", the tax levied under this Section shall be levied and
extended only upon that property located within the boundaries of the
city, village or incorporated town, which lies within the boundaries of
the park district.
Six months from date of adoption of the ordinance by the District,
the city, village or incorporated town shall turn over to the Park
District any and all funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies as received
from levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
known as the "Recreational Program Fund."
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-12) (from Ch. 24, par. 11-95-12)
Sec. 11-95-12.
Whenever a Park District contains, within the boundaries of the
district, the greater portion of the area of a city, village or
incorporated town, and the population of the city, village or
incorporated town constitutes a majority of the population of the Park
District, and the city, village or incorporated town levies and collects
a tax for recreation purposes, the functions of the Recreation
Commission may be merged with, and assumed by, the Park District in the
manner following:
The Park Commissioners shall adopt an ordinance by a vote of not less
than 2/3 of the commissioners. The ordinance shall set forth the intent
of the Park District to assume the planning, establishing and
maintaining of the municipal recreation program within the boundaries of
the Park District, and to levy and collect a tax for such purposes, at a
rate not to exceed that levied by the city, village or incorporated
town, which rate shall not exceed .09%, or the rate limit in effect on
July 1, 1967, whichever is greater, of the value, as equalized or
assessed by the Department of Revenue of all taxable
property in such district. The Secretary of the Park District shall mail
a certified copy of the ordinance to the city, village or incorporated
town. If the governing board of the city, village or incorporated town
sees fit, they may adopt an ordinance, by a vote of not less than 2/3 of
its members. This ordinance shall state that the city, village or
incorporated town relinquishes any and all control and management of the
planning, establishing and maintaining of the municipal recreation
program within its boundaries to the Park District together with
relinquishing its tax levy for recreation purposes.
Six months from the date of adoption of such an ordinance by the
city, village or incorporated town, the Park District shall assume the
functions previously performed by the city, village or incorporated town
through its recreation commission, or other board or commission
designated by the city, village or incorporated town. Thereafter the
Park District may levy and collect a tax of not to exceed that rate
previously levied by the city, village or incorporated town for
recreation purposes, but the rate of the tax may not exceed .05%, or the
rate limit in effect on July 1, 1967, whichever is greater, of the value
as equalized or assessed by the Department of Revenue,
of all taxable property in the district. The tax funds shall be used for
the purpose of planning, establishing and maintaining recreation
programs, such programs to include playgrounds, community and recreation
centers. The tax shall be levied and collected in like manner as the
general taxes for the District. The foregoing limitations upon tax rates
may be increased or decreased under the referendum provisions of the
General Revenue Law of the State of Illinois. The tax to be levied under
this Section shall be in addition to all other taxes authorized by law
to be levied and collected in such district and shall not be included
within any limitation of rate contained in this Code or any other law,
but shall be excluded therefrom and be in addition thereto and in excess
thereof.
Six months from the date of adoption of the ordinance by the city,
village or incorporated town, it shall turn over to the Park District
any and all recreation funds and tax monies in its possession on that
date, received by it from the "Recreation Tax". From time to time
thereafter, the city, village or incorporated town shall turn over to
the Park District all such recreation funds and tax monies received from
levies adopted prior to the effective date of the merger. The funds
shall be paid to the treasurer of the Park District and kept in a fund
to be known as the "Recreational Program Fund".
(Source: P.A. 81-1509.)
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(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
Sec. 11-95-13.
The corporate authorities of a municipality specified in Section 11-95-2
and a recreation board specified in Section 11-95-3 are 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 such programs, to provide
for such examination of participants in such programs as may be deemed
necessary, to charge fees for participating in such programs, the fee
charged for non-residents of such municipality need not be the same as the
fees charged the residents of the municipality, and to charge fees for
transportation furnished to participants.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)
Sec. 11-95-14.
The corporate authorities of any 2 or more
municipalities specified in Section 11-95-2 and any 2 or more recreation
boards specified in Section 11-95-3, or any combination thereof, are
authorized to take any action jointly relating to recreational programs
for persons with disabilities that could be taken individually and to enter into
agreements with other such
recreation boards, corporate authorities and park districts or any
combination thereof, for the purpose of providing for the establishment,
maintenance and management of joint recreational programs for persons with disabilities of all the participating districts and municipal areas,
including provisions for transportation of participants, procedures for
approval of budgets, authorization of expenditures and sharing of
expenses, location of recreational areas in the area of any of the
participating districts and municipalities, acquisition of real estate by
gift, legacy, grant, or purchase, employment of a director and
other professional workers for such program who may be employed by one
participating district, municipality or board which shall be reimbursed
on a mutually agreed basis by the other municipalities, districts and
boards that are parties to the joint agreement, authorization for one
municipality, board or district to supply professional workers for a
joint program conducted in another municipality or district and to
provide other requirements for operation of such joint program as may be
desirable. The corporate authorities of any municipality that is a
party to a joint agreement entered into under this Section may levy and
collect a tax, in the manner provided by law for the levy and collection
of other municipal taxes in the municipality but in addition to taxes
for general purposes authorized by Section 8-3-1 or levied as limited by
any provision of a special charter under which the municipality is
incorporated, at not to exceed .04% of the value, as equalized or
assessed by the Department of Revenue, of all taxable
property within the municipality for the purpose of funding that
municipality's share of the expenses for providing the programs under
that joint agreement. However, no tax may be levied pursuant to this
Section in any area in which a tax is levied under Section 5-8 of the Park
District Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(65 ILCS 5/Art. 11 Div. 96 heading) DIVISION 96.
JOINT PROPERTY OF
MUNICIPALITIES AND PARK DISTRICTS
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(65 ILCS 5/11-96-1) (from Ch. 24, par. 11-96-1)
Sec. 11-96-1.
The corporate authorities of each municipality may control
the property of the corporation and may provide for joint ownership with
any one or more park districts of real and personal property used for park
purposes by such park district or districts. In case of joint ownership,
the terms of the agreement shall be fair, just and equitable to all parties
and shall be set forth in a written agreement entered into by the corporate
authorities of each participating district and municipality.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-96-5)
Sec. 11-96-5.
Municipal and park district tax.
(a) If property within a municipality also lies within a park district and
the same property is being taxed for park or recreation purposes by both the
municipality and the park district, then the corporate authorities of the
municipality may adopt an ordinance or resolution to pay all or part of the
park district tax
for the property according to subsection (b). If the corporate authorities of
a municipality adopt a resolution or ordinance under this Section, then the
corporate authorities shall certify the action to the county clerk.
(b) Before the county clerk extends the tax levy of the park district, the
corporate authorities of the municipality
may order the municipal treasurer
to pay a specified amount into a special abatement fund held by the county
treasurer.
The county clerk shall then abate the park district tax
extension on the property within the municipality by the amount in the
abatement fund by apportioning the abatement amount for each parcel of property
according to the assessed value as equalized by the board of review and
Department of Revenue. The county treasurer shall then pay the money in the
abatement fund to the park district.
If the amount in the abatement fund is more
than the amount of the current tax levy extended on the property, then the
county treasurer shall return the surplus amount to the municipal treasurer.
(c) For the purposes of the Property Tax Extension Limitation Law,
the amount of the extension abatement shall continue to
be included in the park district's aggregate extension base.
(d) The municipal tax and abatement shall not exceed a period of 10 years.
(Source: P.A. 91-885, eff. 7-6-00.)
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(65 ILCS 5/Art. 11 Div. 97 heading) DIVISION 97.
PLEASURE DRIVEWAYS
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