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92nd General Assembly

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Public Act 92-0614

SB1735 Enrolled                                LRB9214577BDdv

    AN ACT concerning park districts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Park District Code is amended by changing
Section 8-1 as follows:

    (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
    Sec.  8-1.   Every  park district shall, from the time of
its organization, be a body corporate  and  politic  by  such
name  as  set  forth  in the petition for its organization or
such name as it may adopt under Section 8-8 hereof and  shall
have and exercise the following powers:
    (a)  To  adopt  a  corporate  seal  and alter the same at
pleasure; to sue and be sued; and to contract in  furtherance
of any of its corporate purposes.
    (b) (1)  To  acquire  by gift, legacy, grant or purchase,
or by condemnation in the manner provided for the exercise of
the power of eminent domain under Article VII of the Code  of
Civil  Procedure,  approved  August 19, 1981, as amended, any
and  all  real  estate,  or  rights  therein  necessary   for
building, laying out, extending, adorning and maintaining any
such parks, boulevards and driveways, or for effecting any of
the  powers  or purposes granted under this Code as its board
may deem proper, whether such  lands  be  located  within  or
without  such  district;  but  no  park  district,  except as
provided in paragraph (2) of this subsection, shall have  any
power of condemnation in the manner provided for the exercise
of  the power of eminent domain under Article VII of the Code
of Civil Procedure, approved August 19, 1981, as amended,  or
otherwise  as  to  any real estate, lands, riparian rights or
estate, or other property situated outside of such  district,
but  shall  only  have  power  to  acquire  the same by gift,
legacy, grant or purchase, and such district shall  have  the
same  control of and power over lands so acquired without the
district as over parks, boulevards and driveways within  such
district.
    (2)  In  addition  to the powers granted in paragraph (1)
of subsection (b), a park district located in more  than  one
county,  the  majority  of  its territory located in a county
over 450,000 in population and none of its territory  located
in   a  county  over  1,000,000  in  population,  shall  have
condemnation power in the manner provided for the exercise of
the power of eminent domain under Article VII of the Code  of
Civil  Procedure, approved August 19, 1981, as amended, or as
otherwise granted by law  as  to  any  and  all  real  estate
situated up to one mile outside of such district which is not
within the boundaries of another park district.
    (c)  To  acquire by gift, legacy or purchase any personal
property necessary for its corporate purposes  provided  that
all  contracts  for  supplies, materials or work involving an
expenditure in excess of $10,000 shall be let to  the  lowest
responsible     bidder,     considering    conformity    with
specifications,   terms    of    delivery,    quality,    and
serviceability,  after due advertisement, excepting contracts
which by their nature are not adapted to award by competitive
bidding, such as contracts for the  services  of  individuals
possessing  a  high  degree  of  professional skill where the
ability or fitness of the individual plays an important part,
contracts for the printing of finance committee  reports  and
departmental reports, contracts for the printing or engraving
of  bonds,  tax warrants and other evidences of indebtedness,
contracts for utility services such as  water,  light,  heat,
telephone  or  telegraph,  contracts  for  the use, purchase,
delivery,  movement,  or  installation  of  data   processing
equipment,  software,  or services and telecommunications and
interconnect equipment, software, or services, contracts  for
duplicating  machines  and  supplies,  contracts for goods or
services procured from another governmental agency, purchases
of equipment previously owned by some entity other  than  the
district itself, and contracts for the purchase of magazines,
books, periodicals, pamphlets and reports and excepting where
funds  are  expended  in  an  emergency  and  such  emergency
expenditure is approved by 3/4 of the members of the board.
    All   competitive   bids   for   contracts  involving  an
expenditure in excess of $10,000 must be sealed by the bidder
and must be opened by a member or employee of the park  board
at  a  public  bid  opening at which the contents of the bids
must be announced.  Each bidder must receive at least 3  days
notice of the time and place of the bid opening.
    For  purposes  of  this  subsection,  "due advertisement"
includes, but is not limited to, at least one  public  notice
at least 10 days before the bid date in a newspaper published
in  the  district  or,  if  no  newspaper is published in the
district, in a newspaper of general circulation in  the  area
of the district.
    (d)  To   pass   all   necessary  ordinances,  rules  and
regulations for the proper  management  and  conduct  of  the
business  of  the  board  and  district  and  to establish by
ordinance  all  needful  rules  and   regulations   for   the
government  and protection of parks, boulevards and driveways
and other property under its jurisdiction, and to effect  the
objects for which such districts are formed.
    (e)  To  prescribe  such  fines  and  penalties  for  the
violation of ordinances as it shall deem proper not exceeding
$1,000  $500  for  any one offense, which fines and penalties
may be recovered by an action in the name of such district in
the circuit court for the  county  in  which  such  violation
occurred.  The  park district may also seek in the action, in
addition to or instead of fines and penalties, an order  that
the  offender  be  required  to  make  restitution for damage
resulting from violations, and the  court  shall  grant  such
relief  where  appropriate.   The  procedure  in such actions
shall be the same as that provided by law  for  like  actions
for the violation of ordinances in cities organized under the
general  laws  of this State, and offenders may be imprisoned
for non-payment of fines and costs in the same manner  as  in
such  cities. All fines when collected shall be paid into the
treasury of such district.
    (f)  To manage and control all officers and  property  of
such districts and to provide for joint ownership with one or
more  cities,  villages  or  incorporated  towns  of real and
personal property used for park purposes by one or more  park
districts.  In  case  of  joint  ownership,  the terms of the
agreement shall be fair, just and equitable  to  all  parties
and shall be set forth in a written agreement entered into by
the  corporate  authorities  of  each participating district,
city, village or incorporated town.
    (g)  To secure grants and  loans,  or  either,  from  the
United  States Government, or any agency or agencies thereof,
for financing the acquisition or purchase of any and all real
estate, or rights therein, or for effecting any of the powers
or purposes granted under this Code as  its  Board  may  deem
proper.
    (h)  To  establish  fees  for  the  use of facilities and
recreational programs of the districts and to derive  revenue
from  non-resident  fees  from their operations. Fees charged
non-residents of such district need not be the same  as  fees
charged  to  residents  of  the  district.  Charging  fees or
deriving  revenue  from  the  facilities   and   recreational
programs  shall not affect the right to assert or utilize any
defense or immunity, common law or  statutory,  available  to
the districts or their employees.
    (i)  To make contracts for a term exceeding one year, but
not  to exceed 3 years, notwithstanding any provision of this
Code to the contrary, relating to:  (1) the employment  of  a
park   director,   superintendent,  administrator,  engineer,
health officer, land  planner,  finance  director,  attorney,
police   chief,  or  other  officer  who  requires  technical
training  or  knowledge;  (2)  the  employment   of   outside
professional  consultants  such  as  engineers, doctors, land
planners,  auditors,   attorneys,   or   other   professional
consultants  who require technical training or knowledge; and
(3) the provision of data processing equipment and  services.
With  respect to any contract made under this subsection (i),
the  corporate  authorities  shall  include  in  the   annual
appropriation ordinance for each fiscal year an appropriation
of  a sum of money sufficient to pay the amount which, by the
terms of the contract, is to become due  and  payable  during
that fiscal year.
    (j)  To  enter  into  licensing  or management agreements
with not-for-profit corporations organized under the laws  of
this  State  to  operate  park  district  facilities  if  the
corporation covenants to use the facilities to provide public
park or recreational programs for youth.
(Source:  P.A.  88-91;  88-426; 88-670, eff. 12-2-94; 89-458,
eff. 5-24-96; 89-509, eff. 7-5-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 17, 2002.
    Approved July 08, 2002.
    Effective July 08, 2002.

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