Illinois General Assembly - Full Text of HB3679
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Full Text of HB3679  93rd General Assembly

HB3679 93rd General Assembly


093_HB3679

 
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 1        AN ACT concerning park districts.

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

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

 6        (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
 7        Sec.  8-1.  Every  park  district shall, from the time of
 8    its organization, be a body corporate  and  politic  by  such
 9    name  as  set  forth  in the petition for its organization or
10    such name as it may adopt under Section 8-8 hereof and  shall
11    have and exercise the following powers:
12        (a)  To  adopt  a  corporate  seal  and alter the same at
13    pleasure; to sue and be sued; and to contract in  furtherance
14    of any of its corporate purposes.
15        (b) (1)  To  acquire  by gift, legacy, grant or purchase,
16    or by condemnation in the manner provided for the exercise of
17    the power of eminent domain under Article VII of the Code  of
18    Civil  Procedure,  approved  August 19, 1981, as amended, any
19    and  all  real  estate,  or  rights  therein  necessary   for
20    building, laying out, extending, adorning and maintaining any
21    such parks, boulevards and driveways, or for effecting any of
22    the  powers  or purposes granted under this Code as its board
23    may deem proper, whether such  lands  be  located  within  or
24    without  such  district;  but  no  park  district,  except as
25    provided in paragraph (2) of this subsection, shall have  any
26    power of condemnation in the manner provided for the exercise
27    of  the power of eminent domain under Article VII of the Code
28    of Civil Procedure, approved August 19, 1981, as amended,  or
29    otherwise  as  to  any real estate, lands, riparian rights or
30    estate, or other property situated outside of such  district,
31    but  shall  only  have  power  to  acquire  the same by gift,
 
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 1    legacy, grant or purchase, and such district shall  have  the
 2    same  control of and power over lands so acquired without the
 3    district as over parks, boulevards and driveways within  such
 4    district.
 5        (2)  In  addition  to the powers granted in paragraph (1)
 6    of subsection (b), a park district located in more  than  one
 7    county,  the  majority  of  its territory located in a county
 8    over 450,000 in population and none of its territory  located
 9    in   a  county  over  1,000,000  in  population,  shall  have
10    condemnation power in the manner provided for the exercise of
11    the power of eminent domain under Article VII of the Code  of
12    Civil  Procedure, approved August 19, 1981, as amended, or as
13    otherwise granted by law  as  to  any  and  all  real  estate
14    situated up to one mile outside of such district which is not
15    within the boundaries of another park district.
16        (c)  Except as otherwise provided in subsection (c-5), to
17    acquire  by  gift,  legacy  or purchase any personal property
18    necessary  for  its  corporate  purposes  provided  that  all
19    contracts  for  supplies,  materials  or  work  involving  an
20    expenditure in excess of $10,000 shall be let to  the  lowest
21    responsible     bidder,     considering    conformity    with
22    specifications,   terms    of    delivery,    quality,    and
23    serviceability,  after due advertisement, excepting contracts
24    which by their nature are not adapted to award by competitive
25    bidding, such as contracts for the  services  of  individuals
26    possessing  a  high  degree  of  professional skill where the
27    ability or fitness of the individual plays an important part,
28    contracts for the printing of finance committee  reports  and
29    departmental reports, contracts for the printing or engraving
30    of  bonds,  tax warrants and other evidences of indebtedness,
31    contracts for utility services such as  water,  light,  heat,
32    telephone  or  telegraph,  contracts  for  the use, purchase,
33    delivery,  movement,  or  installation  of  data   processing
34    equipment,  software,  or services and telecommunications and
 
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 1    interconnect equipment, software, or services, contracts  for
 2    duplicating  machines  and  supplies,  contracts for goods or
 3    services procured from another governmental agency, purchases
 4    of equipment previously owned by some entity other  than  the
 5    district itself, and contracts for the purchase of magazines,
 6    books, periodicals, pamphlets and reports and excepting where
 7    funds  are  expended  in  an  emergency  and  such  emergency
 8    expenditure is approved by 3/4 of the members of the board.
 9        All   competitive   bids   for   contracts  involving  an
10    expenditure in excess of $10,000 must be sealed by the bidder
11    and must be opened by a member or employee of the park  board
12    at  a  public  bid  opening at which the contents of the bids
13    must be announced.  Each bidder must receive at least 3  days
14    notice of the time and place of the bid opening.
15        For  purposes  of  this  subsection,  "due advertisement"
16    includes, but is not limited to, at least one  public  notice
17    at least 10 days before the bid date in a newspaper published
18    in  the  district  or,  if  no  newspaper is published in the
19    district, in a newspaper of general circulation in  the  area
20    of the district.
21        (c-5) (1)  In   connection  with  two-phase  design/build
22    selection procedures authorized in this  subsection,  a  park
23    district may authorize, by the affirmative vote of two-thirds
24    of  the  then commissioners, the use of competitive selection
25    and the prequalification of  responsible  bidders  consistent
26    with  applicable  federal  regulations  and  this  subsection
27    (c-5).
28             (2)  Two-phase   design/build  selection  procedures
29        shall consist of the following:
30                  (i)  A  park  district  must  develop,  through
31             licensed architects or licensed engineers,  a  scope
32             of  work statement for inclusion in the solicitation
33             for phase-one proposals that defines the project and
34             provides  prospective   offerors   with   sufficient
 
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 1             information  regarding  the district's requirements.
 2             The statement must include criteria and  preliminary
 3             design,  and  general  budget parameters and general
 4             schedule or  delivery  requirements  to  enable  the
 5             offerors to submit proposals which meet the district
 6             is  needs. When the two-phase design/build selection
 7             procedure is used and the  park  district  contracts
 8             for  development of the scope of work statement, the
 9             park district  shall contract for  architectural  or
10             engineering services as defined by and in accordance
11             with   the   Architectural,  Engineering,  and  Land
12             Surveying Qualifications Based Selection Act and all
13             applicable licensing statutes.
14                  (ii)  The evaluation  factors  to  be  used  in
15             evaluating phase-one proposals must be stated in the
16             solicitation and must include specialized experience
17             and  technical  competence,  capability  to perform,
18             past performance of the  offeror's  team  (including
19             the  architect-engineer  and construction members of
20             the  team),  and  other  appropriate  technical  and
21             qualifications  factors.   Each  solicitation   must
22             establish  the  relative  importance assigned to the
23             evaluation factors and the subfactors that  must  be
24             considered  in the evaluation of phase-one proposals
25             on the basis of the evaluation factors set forth  in
26             the   solicitation.   Each  design/build  team  must
27             include a licensed design  professional  independent
28             from  the  park  district's  licensed  architect  or
29             engineer  and a licensed design professional must be
30             named in the phase-one proposals  submitted  to  the
31             park district.
32                  (iii)  On  the  basis of the phase-one proposal
33             the park district must select  as  the  most  highly
34             qualified  the  number  of offerors specified in the
 
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 1             solicitation and request the  selected  offerors  to
 2             submit  phase-two  competitive proposals and cost or
 3             price information.  Each solicitation must establish
 4             the relative importance assigned to  the  evaluation
 5             factors  and  the subfactors that must be considered
 6             in the evaluation  of  phase-two  proposals  on  the
 7             basis  of  the  evaluation  factors set forth in the
 8             solicitation.  A park district  may  negotiate  with
 9             the selected design/build team after award but prior
10             to  contract  execution  for the purpose of securing
11             better terms than originally proposed, provided  the
12             salient  features  of  the design/build solicitation
13             are  not  diminished.  Each  phase-two  solicitation
14             evaluates separately (A)  the  technical  submission
15             for  the  proposal,  including  design  concepts  or
16             proposed  solutions to requirements addressed within
17             the scope of work and (B) the evaluation factors and
18             subfactors, including cost or price,  that  must  be
19             considered in the evaluations of proposals.
20                  (iv)  A  design/build solicitation issued under
21             the procedures in this subsection (c-5)  must  state
22             the  maximum  number  of  offerors  that  are  to be
23             selected to submit competitive phase-two  proposals.
24             The  maximum  number  specified in the solicitation,
25             may not exceed 5  unless  the  park  district,  with
26             respect  to  an  individual  solicitation determines
27             that a specified number greater than  5  is  in  the
28             best interest of the park district and is consistent
29             with  the  purposes  and objectives of the two-phase
30             design/build selection process.
31                  (v)  All  designs  submitted  as  part  of  the
32             two-phase selection process  and  not  selected  are
33             proprietary to the preparers.
34        (d)  To   pass   all   necessary  ordinances,  rules  and
 
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 1    regulations for the proper  management  and  conduct  of  the
 2    business  of  the  board  and  district  and  to establish by
 3    ordinance  all  needful  rules  and   regulations   for   the
 4    government  and protection of parks, boulevards and driveways
 5    and other property under its jurisdiction, and to effect  the
 6    objects for which such districts are formed.
 7        (e)  To  prescribe  such  fines  and  penalties  for  the
 8    violation of ordinances as it shall deem proper not exceeding
 9    $1,000  for any one offense, which fines and penalties may be
10    recovered by an action in the name of such  district  in  the
11    circuit   court  for  the  county  in  which  such  violation
12    occurred. The park district may also seek in the  action,  in
13    addition  to or instead of fines and penalties, an order that
14    the offender be  required  to  make  restitution  for  damage
15    resulting  from  violations,  and  the court shall grant such
16    relief where appropriate.   The  procedure  in  such  actions
17    shall  be  the  same as that provided by law for like actions
18    for the violation of ordinances in cities organized under the
19    general laws of this State, and offenders may  be  imprisoned
20    for  non-payment  of fines and costs in the same manner as in
21    such cities. All fines when collected shall be paid into  the
22    treasury of such district.
23        (f)  To  manage  and control all officers and property of
24    such districts and to provide for joint ownership with one or
25    more cities, villages  or  incorporated  towns  of  real  and
26    personal  property used for park purposes by one or more park
27    districts. In case of  joint  ownership,  the  terms  of  the
28    agreement  shall  be  fair, just and equitable to all parties
29    and shall be set forth in a written agreement entered into by
30    the corporate authorities  of  each  participating  district,
31    city, village or incorporated town.
32        (g)  To  secure  grants  and  loans,  or either, from the
33    United States Government, or any agency or agencies  thereof,
34    for financing the acquisition or purchase of any and all real
 
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 1    estate, or rights therein, or for effecting any of the powers
 2    or  purposes  granted  under  this Code as its Board may deem
 3    proper.
 4        (h)  To establish fees for  the  use  of  facilities  and
 5    recreational  programs of the districts and to derive revenue
 6    from non-resident fees from their  operations.  Fees  charged
 7    non-residents  of  such district need not be the same as fees
 8    charged to  residents  of  the  district.  Charging  fees  or
 9    deriving   revenue   from  the  facilities  and  recreational
10    programs shall not affect the right to assert or utilize  any
11    defense  or  immunity,  common law or statutory, available to
12    the districts or their employees.
13        (i)  To make contracts for a term exceeding one year, but
14    not to exceed 3 years, notwithstanding any provision of  this
15    Code  to  the contrary, relating to:  (1) the employment of a
16    park  director,  superintendent,   administrator,   engineer,
17    health  officer,  land  planner,  finance director, attorney,
18    police  chief,  or  other  officer  who  requires   technical
19    training   or   knowledge;  (2)  the  employment  of  outside
20    professional consultants such  as  engineers,  doctors,  land
21    planners,   auditors,   attorneys,   or   other  professional
22    consultants who require technical training or knowledge;  and
23    (3)  the provision of data processing equipment and services.
24    With respect to any contract made under this subsection  (i),
25    the   corporate  authorities  shall  include  in  the  annual
26    appropriation ordinance for each fiscal year an appropriation
27    of a sum of money sufficient to pay the amount which, by  the
28    terms  of  the  contract, is to become due and payable during
29    that fiscal year.
30        (j)  To enter into  licensing  or  management  agreements
31    with  not-for-profit corporations organized under the laws of
32    this  State  to  operate  park  district  facilities  if  the
33    corporation covenants to use the facilities to provide public
34    park or recreational programs for youth.
 
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 1    (Source: P.A. 92-614, eff. 7-8-02.)