Full Text of HB0245 99th General Assembly
HB0245sam001 99TH GENERAL ASSEMBLY | Sen. Pat McGuire Filed: 5/8/2015
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| 1 | | AMENDMENT TO HOUSE BILL 245
| 2 | | AMENDMENT NO. ______. Amend House Bill 245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 3. The Illinois Procurement Code is amended by | 5 | | adding Section 55-15 as follows: | 6 | | (30 ILCS 500/55-15 new) | 7 | | Sec. 55-15. Minimum amount for competitive bidding or | 8 | | action by governing bodies of units of local government. | 9 | | (a) For the purposes of this Section: | 10 | | "Consumer price index" means the index published by the | 11 | | Bureau of Labor Statistics of the United States Department of | 12 | | Labor that measures the average change in prices of goods and | 13 | | services purchased by all urban consumers, United States city | 14 | | average, all items, 1982-84 = 100. | 15 | | "Threshold amount" means the amount calculated by the chief | 16 | | procurement officer pursuant to subsection (b) of this Section |
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| 1 | | that may be adopted by units of local government. | 2 | | (b) On the effective date of this amendatory Act of the | 3 | | 99th General Assembly, the chief procurement officer appointed | 4 | | under paragraph (4) of subsection (a) of Section 10-20 of this | 5 | | Act shall calculate a threshold amount equal to $20,000 plus | 6 | | one-half the annual unadjusted percentage increase (but not | 7 | | less than zero) in the consumer price index for the previous | 8 | | average increase over the past 60 months of $20,000. However, | 9 | | the chief procurement officer shall every five years increase | 10 | | the threshold amount by adding one-half the annual unadjusted | 11 | | percentage increase (but not less than zero) in the consumer | 12 | | price index for the previous average increase over the past 60 | 13 | | months of the threshold amount. | 14 | | (c) This Section shall only apply to statutes that | 15 | | explicitly reference this Section. | 16 | | Section 5. The Illinois Municipal Code is amended by | 17 | | changing Sections 4-5-11 and 8-9-1 as follows:
| 18 | | (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
| 19 | | Sec. 4-5-11. Except as otherwise provided, all contracts, | 20 | | of whatever
character, pertaining to public improvement, or to | 21 | | the maintenance of
the public property of a municipality | 22 | | involving an outlay of $10,000 or
more, shall be based upon | 23 | | specifications to be approved by the council.
Any work or other | 24 | | public improvement which is not to be paid for in
whole or in |
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| 1 | | part by special assessment or special taxation, when the
| 2 | | expense thereof will exceed $20,000, or, after the effective | 3 | | date of this amendatory Act of the 99th General Assembly, the | 4 | | last threshold amount adopted by resolution of the corporate | 5 | | authorities of the municipality as calculated by the chief | 6 | | procurement officer pursuant to Section 55-15 of the Illinois | 7 | | Procurement Code, shall be constructed as follows:
| 8 | | (1) By a contract let to the lowest responsible bidder | 9 | | after
advertising for bids, in the manner prescribed by | 10 | | ordinance, except that
any such contract may be entered | 11 | | into by the proper officers without
advertising for bids, | 12 | | if authorized by a vote of 4 of the 5 council
members | 13 | | elected; or
| 14 | | (2) In the following manner, if authorized by a vote of | 15 | | 4 of the 5
council members elected: the commissioner of | 16 | | public works or other
proper officers to be designated by | 17 | | ordinance, shall superintend and
cause to be carried out | 18 | | the construction of the work or other public
improvement | 19 | | and shall employ exclusively for the performance of all
| 20 | | manual labor thereon, laborers and artisans whom the city | 21 | | or village
shall pay by the day or hour, but all material | 22 | | of the value of $20,000 , or, after the effective date of | 23 | | this amendatory Act of the 99th General Assembly, the last | 24 | | threshold amount adopted by resolution of the corporate | 25 | | authorities of the municipality as calculated by the chief | 26 | | procurement officer pursuant to Section 55-15 of the |
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| 1 | | Illinois Procurement Code,
and upward used in the | 2 | | construction of the work or other public
improvement, shall | 3 | | be purchased by contract let to the lowest
responsible | 4 | | bidder in the manner to be prescribed by ordinance.
| 5 | | Nothing contained in this Section shall apply to any | 6 | | contract by a
municipality with the United States of America or | 7 | | any agency thereof.
| 8 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 9 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 10 | | Sec. 8-9-1. In municipalities of less than 500,000 except
| 11 | | as otherwise provided in Articles 4 and 5 any work or other
| 12 | | public improvement which is not to be paid for in whole or in
| 13 | | part by special assessment or special taxation, when the | 14 | | expense
thereof will exceed $20,000, or, after the effective | 15 | | date of this amendatory Act of the 99th General Assembly, the | 16 | | last threshold amount adopted by resolution of the corporate | 17 | | authorities of the municipality as calculated by the chief | 18 | | procurement officer pursuant to Section 55-15 of the Illinois | 19 | | Procurement Code, shall be constructed either (1)
by a contract | 20 | | let to the lowest responsible bidder after
advertising for | 21 | | bids, in the manner prescribed by ordinance,
except that any | 22 | | such contract may be entered into by the proper
officers | 23 | | without advertising for bids, if authorized by a vote
of | 24 | | two-thirds of all the aldermen or trustees then holding office;
| 25 | | or (2) in the following manner, if authorized by a vote of
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| 1 | | two-thirds of all the aldermen or trustees then holding office,
| 2 | | to-wit: the commissioner of public works or other proper | 3 | | officers
to be designated by ordinance, shall superintend and | 4 | | cause to
be carried out the construction of the work or other | 5 | | public
improvement and shall employ exclusively for the | 6 | | performance
of all manual labor thereon, laborers and artisans | 7 | | whom the
municipality shall pay by the day or hour; and all | 8 | | material
of the value of $20,000 , or, after the effective date | 9 | | of this amendatory Act of the 99th General Assembly, the last | 10 | | threshold amount adopted by resolution of the corporate | 11 | | authorities of the municipality as calculated by the chief | 12 | | procurement officer pursuant to Section 55-15 of the Illinois | 13 | | Procurement Code, and upward used in the construction of
the | 14 | | work or other public improvement, shall be purchased by
| 15 | | contract let to the lowest responsible bidder in the manner
to | 16 | | be prescribed by ordinance. However, nothing contained
in this | 17 | | section shall apply to any contract by a city, village
or | 18 | | incorporated town with the federal government or any agency | 19 | | thereof.
| 20 | | In every city which has adopted Division 1 of Article 10,
| 21 | | every such laborer or artisan shall be certified by the civil
| 22 | | service commission to the commissioner of public works or other
| 23 | | proper officers, in accordance with the requirement of that | 24 | | division.
| 25 | | In municipalities of 500,000 or more population the letting | 26 | | of
contracts for work or other public improvements of the |
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| 1 | | character
described in this section shall be governed by the | 2 | | provisions of
Division 10 of this Article 8.
| 3 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 4 | | Section 10. The Conservation District Act is amended by | 5 | | changing Section 6 as follows:
| 6 | | (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
| 7 | | Sec. 6. Officers and employees. As soon as possible after | 8 | | the initial
election or the initial appointments, as the case | 9 | | may be, the trustees shall organize
by selecting from their | 10 | | members a president, secretary, treasurer, and
other officers | 11 | | as are deemed necessary, who shall hold office for 2 years in
| 12 | | the case of an elected board, or the
fiscal year in which | 13 | | elected in the case of an appointed board, and until their | 14 | | successors are selected and
qualify. Three trustees shall | 15 | | constitute a quorum of the board for the
transaction of | 16 | | business if the district has 5 trustees. If the
district has 7 | 17 | | trustees, 4 trustees shall constitute a quorum of the board
for | 18 | | the transaction of business. The board shall hold regular | 19 | | monthly
meetings. Special meetings may be called by the | 20 | | president and shall be called
on the request of a majority of | 21 | | members, as may be required.
| 22 | | The board shall provide for the proper and safe keeping of | 23 | | its permanent
records and for the recording of the corporate | 24 | | action of the district. It
shall keep a proper system of |
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| 1 | | accounts showing a true and accurate record
of its receipts and | 2 | | disbursements, and it shall cause an annual audit to be
made of | 3 | | its books, records, and accounts.
| 4 | | The records of the district shall be subject to public | 5 | | inspection at all
reasonable hours and under regulations as the | 6 | | board may prescribe.
| 7 | | The district shall annually make a full and complete report | 8 | | to the
county board of each county within the district and to | 9 | | the Department of Natural Resources of its transactions and
| 10 | | operations for the preceding year. The report shall contain a | 11 | | full statement
of its receipts, disbursements, and the program | 12 | | of work for the period covered,
and may include recommendations | 13 | | as may be deemed advisable.
| 14 | | Executive or ministerial duties may be delegated to one or | 15 | | more trustees
or to an authorized officer, employee, agent, | 16 | | attorney, or other
representative of the district.
| 17 | | All officers and employees authorized to receive or retain | 18 | | the custody
of money or to sign vouchers, checks, warrants, or | 19 | | evidences of indebtedness
binding upon the district shall | 20 | | furnish surety bond for the faithful
performance of their | 21 | | duties and the faithful accounting for all moneys that
may come | 22 | | into their hands in an amount to be fixed and in a form to be
| 23 | | approved by the board.
| 24 | | All contracts for supplies, material, or work involving an | 25 | | expenditure in
excess of $20,000 , or, after the effective date | 26 | | of this amendatory Act of the 99th General Assembly, the last |
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| 1 | | threshold amount adopted by resolution of the board of the | 2 | | district as calculated by the chief procurement officer | 3 | | pursuant to Section 55-15 of the Illinois Procurement Code, | 4 | | shall be let to the lowest responsible bidder, after due
| 5 | | advertisement, excepting work requiring personal confidence or | 6 | | necessary
supplies under the control of monopolies, where | 7 | | competitive bidding is
impossible. All contracts for supplies, | 8 | | material, or work shall be signed by
the president of the board | 9 | | and by any other officer as the board in
its discretion may | 10 | | designate.
| 11 | | (Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
| 12 | | Section 15. The Downstate Forest Preserve District Act is | 13 | | amended by changing Section 8 as follows:
| 14 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 15 | | Sec. 8. Powers and duties of corporate authority and | 16 | | officers; contracts; salaries.
| 17 | | (a) The board shall be the corporate authority of such | 18 | | forest
preserve district and shall have power to pass and | 19 | | enforce all necessary
ordinances, rules and regulations for the | 20 | | management of the property and
conduct of the business of such | 21 | | district. The president of such board
shall have power to | 22 | | appoint such employees as may be necessary. In counties
with | 23 | | population of less than 3,000,000, within 60 days after their | 24 | | selection
the commissioners appointed under the provisions of |
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| 1 | | Section 3a of this Act
shall organize by selecting from their | 2 | | members a president, secretary,
treasurer and such other | 3 | | officers as are deemed necessary who shall hold
office for the | 4 | | fiscal year in which elected and until their successors are
| 5 | | selected and qualify. In the one district in existence on July | 6 | | 1, 1977, that
is managed by an appointed board of | 7 | | commissioners, the incumbent president
and the other officers | 8 | | appointed in the manner as originally prescribed in this
Act | 9 | | shall hold such offices until the completion of their | 10 | | respective terms or
in the case of the officers other than | 11 | | president until their successors
are appointed by said | 12 | | president, but in all cases not to extend beyond January
1, | 13 | | 1980 and until their successors are selected and qualify. | 14 | | Thereafter,
the officers shall be selected in the manner as | 15 | | prescribed in this Section
except that their first term of | 16 | | office shall not expire until June 30, 1981
and until their | 17 | | successors are selected and qualify.
| 18 | | (b) In any county, city, village, incorporated town or
| 19 | | sanitary district where the corporate authorities act as the
| 20 | | governing body of a forest preserve district, the person | 21 | | exercising
the powers of the president of the board shall have | 22 | | power to appoint a
secretary and an assistant secretary and | 23 | | treasurer and an assistant
treasurer and such other officers | 24 | | and such employees as may be necessary.
The assistant secretary | 25 | | and assistant treasurer shall perform the duties
of the | 26 | | secretary and treasurer, respectively in case of death of such |
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| 1 | | officers
or when such officers are unable to perform the duties | 2 | | of their respective
offices. All contracts for supplies, | 3 | | material or
work involving an expenditure in excess of $20,000 , | 4 | | or, after the effective date of this amendatory Act of the 99th | 5 | | General Assembly, the last threshold amount adopted by | 6 | | resolution of the board of the forest preserve district as | 7 | | calculated by the chief procurement officer pursuant to Section | 8 | | 55-15 of the Illinois Procurement Code, shall be let to the | 9 | | lowest
responsible bidder, after advertising at least once in | 10 | | one or more
newspapers of general circulation within the | 11 | | district, excepting work
requiring personal confidence or | 12 | | necessary
supplies under the control of monopolies, where | 13 | | competitive bidding is
impossible. Contracts for supplies, | 14 | | material or work involving an
expenditure of $20,000 , or, after | 15 | | the effective date of this amendatory Act of the 99th General | 16 | | Assembly, the last threshold amount adopted by resolution of | 17 | | the board of the forest preserve district as calculated by the | 18 | | chief procurement officer pursuant to Section 55-15 of the | 19 | | Illinois Procurement Code, or less may be let without | 20 | | advertising for bids,
but whenever practicable, at least 3 | 21 | | competitive bids shall be obtained
before letting such | 22 | | contract. All contracts for supplies, material or
work shall be | 23 | | signed by the president of the board of commissioners or
by any | 24 | | such other officer as the board in its discretion may | 25 | | designate.
| 26 | | (c) The president of any board of commissioners appointed |
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| 1 | | under the
provisions of Section 3a of this Act shall receive a | 2 | | salary not to
exceed the sum of $2500 per annum and the salary | 3 | | of other members of the
board so appointed shall not exceed | 4 | | $1500 per annum. Salaries of the
commissioners, officers and | 5 | | employees shall be fixed by ordinance.
| 6 | | (d) Whenever a forest preserve district owns any personal | 7 | | property that, in the opinion of three-fifths of the members of | 8 | | the board of commissioners, is no longer necessary, useful to, | 9 | | or for the best interests of the forest preserve district, then | 10 | | three-fifths of the members of the board, at any regular | 11 | | meeting or any special meeting called for that purpose by an | 12 | | ordinance or resolution that includes a general description of | 13 | | the personal property, may authorize the conveyance or sale of | 14 | | that personal property in any manner that they may designate, | 15 | | with or without advertising the sale. | 16 | | (Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
| 17 | | Section 20. The Park District Code is amended by changing | 18 | | Section 8-1 as follows:
| 19 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 20 | | Sec. 8-1. General corporate powers.
Every park district | 21 | | shall, from the time of its
organization, be a body corporate | 22 | | and politic by the name set forth
in the petition for its | 23 | | organization, the specific name set forth in this Code, or the | 24 | | name it may adopt under
Section 8-9 and shall have and exercise |
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| 1 | | the following powers:
| 2 | | (a) To adopt a corporate seal and alter the same at | 3 | | pleasure; to sue
and be sued; and to contract in furtherance of | 4 | | any of its corporate purposes.
| 5 | | (b) (1) To acquire by gift, legacy, grant or purchase, or | 6 | | by
condemnation in the manner provided for the exercise of the | 7 | | power of eminent
domain under the Eminent Domain Act, any and | 8 | | all real estate, or
rights therein necessary for building, | 9 | | laying out, extending, adorning
and maintaining any such parks, | 10 | | boulevards and driveways, or for
effecting any of the powers or | 11 | | purposes granted under this Code as its
board may deem proper, | 12 | | whether such lands be located within or without such
district; | 13 | | but no park district, except as provided in paragraph (2) of | 14 | | this
subsection, shall have any power of condemnation in the | 15 | | manner provided for the
exercise of the power of eminent domain | 16 | | under the Eminent Domain Act or otherwise as to any real
| 17 | | estate, lands, riparian rights or estate, or other property | 18 | | situated outside of
such district, but shall only have power to | 19 | | acquire the same by gift, legacy,
grant or purchase, and such | 20 | | district shall have the same control of and power
over lands so | 21 | | acquired without the district as over parks, boulevards and
| 22 | | driveways within such district.
| 23 | | (2) In addition to the powers granted in paragraph (1) of | 24 | | subsection (b),
a park district located in more than one | 25 | | county, the majority of its territory
located in a county over | 26 | | 450,000 in population and none of its territory
located in a |
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| 1 | | county over 1,000,000 in population, shall have condemnation
| 2 | | power in the manner provided for the exercise of the power of | 3 | | eminent domain
under the Eminent Domain Act
or as otherwise | 4 | | granted by law
as to any and all real estate situated up to one | 5 | | mile outside of such district
which is not within the | 6 | | boundaries of another park district.
| 7 | | (c) To acquire by gift, legacy or purchase any personal | 8 | | property necessary
for its corporate purposes provided that all | 9 | | contracts for supplies, materials
or work involving an | 10 | | expenditure in excess of $20,000 , or, after the effective date | 11 | | of this amendatory Act of the 99th General Assembly, the last | 12 | | threshold amount adopted by resolution of the board of the park | 13 | | district as calculated by the chief procurement officer | 14 | | pursuant to Section 55-15 of the Illinois Procurement Code, | 15 | | shall be let to the
lowest responsible bidder after due | 16 | | advertisement. No district shall be required to accept a bid | 17 | | that does not meet the district's established specifications, | 18 | | terms of
delivery, quality, and serviceability requirements. | 19 | | Contracts which, by their nature, are not adapted to award by | 20 | | competitive
bidding, such as contracts for the services of | 21 | | individuals
possessing a high degree of professional skill | 22 | | where the ability or
fitness of the individual plays an | 23 | | important part, contracts for the
printing of finance committee | 24 | | reports and departmental reports,
contracts for the printing or | 25 | | engraving of bonds, tax warrants and other
evidences of | 26 | | indebtedness, contracts for utility services such as water,
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| 1 | | light, heat, telephone or telegraph, contracts for the use, | 2 | | purchase,
delivery, movement, or installation of data | 3 | | processing equipment, software, or
services and | 4 | | telecommunications and interconnect equipment, software, or
| 5 | | services, contracts for duplicating machines and supplies, | 6 | | contracts for goods
or services procured from another | 7 | | governmental agency, purchases of equipment
previously owned | 8 | | by some entity other than the district itself, and
contracts | 9 | | for the purchase of magazines, books, periodicals, pamphlets | 10 | | and
reports are not subject to competitive bidding. Contracts | 11 | | for emergency expenditures are also exempt from competitive | 12 | | bidding when the
emergency expenditure is approved by 3/4 of | 13 | | the members of the board.
| 14 | | All competitive bids for contracts involving an | 15 | | expenditure in excess of
$20,000 , or, after the effective date | 16 | | of this amendatory Act of the 99th General Assembly, the last | 17 | | threshold amount adopted by resolution of the board of the park | 18 | | district as calculated by the chief procurement officer | 19 | | pursuant to Section 55-15 of the Illinois Procurement Code, | 20 | | must be sealed by the bidder and must be opened by a member or | 21 | | employee
of the park board at a public bid opening at which the | 22 | | contents of the bids
must be announced. Each bidder must | 23 | | receive at least 3 days notice of the
time and place of the bid | 24 | | opening.
| 25 | | For purposes of this subsection, "due advertisement" | 26 | | includes, but is not
limited to, at least one public notice at |
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| 1 | | least 10 days before the bid date in
a newspaper published in | 2 | | the district or, if no newspaper is published in the
district, | 3 | | in a newspaper of general circulation in the area of the | 4 | | district.
| 5 | | (d) To pass all necessary ordinances, rules and regulations | 6 | | for the
proper management and conduct of the business of the | 7 | | board and district
and to establish by ordinance all needful | 8 | | rules and regulations for the
government and protection of | 9 | | parks, boulevards and driveways and other
property under its | 10 | | jurisdiction, and to effect the objects for which
such | 11 | | districts are formed.
| 12 | | (e) To prescribe such fines and penalties for the violation | 13 | | of
ordinances as it shall deem proper not exceeding $1,000 for | 14 | | any
one
offense, which fines and penalties may be recovered by | 15 | | an action in the name
of such district in the circuit court for | 16 | | the county in which such
violation occurred. The park district | 17 | | may also seek in the action, in
addition to or instead of fines | 18 | | and penalties, an order that the offender
be required to make | 19 | | restitution for damage resulting from violations, and
the court | 20 | | shall grant such relief where appropriate. The procedure in
| 21 | | such actions shall be the same as that provided by law for like | 22 | | actions for the
violation of ordinances in cities organized | 23 | | under the general laws of this
State, and offenders may be | 24 | | imprisoned for non-payment of fines and costs in
the same | 25 | | manner as in such cities. All fines when collected shall be | 26 | | paid into
the treasury of such district.
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| 1 | | (f) To manage and control all officers and property of such
| 2 | | districts and to provide for joint ownership with one or more | 3 | | cities,
villages or incorporated towns of real and personal | 4 | | property used for
park purposes by one or more park districts. | 5 | | In case of joint ownership,
the terms of the agreement shall be | 6 | | fair, just and equitable to all
parties and shall be set forth | 7 | | in a written agreement entered into by
the corporate | 8 | | authorities of each participating district, city, village
or | 9 | | incorporated town.
| 10 | | (g) To secure grants and loans, or either, from the United | 11 | | States
Government, or any agency or agencies thereof, for | 12 | | financing the
acquisition or purchase of any and all real | 13 | | estate, or rights therein,
or for effecting any of the powers | 14 | | or purposes granted under this Code
as its Board may deem | 15 | | proper.
| 16 | | (h) To establish fees for the use of facilities and | 17 | | recreational programs of
the districts and to derive revenue | 18 | | from non-resident fees from their
operations. Fees charged | 19 | | non-residents of such district need not be the same as
fees | 20 | | charged to residents of the district. Charging fees or deriving | 21 | | revenue
from the facilities and recreational programs shall not | 22 | | affect the right to
assert or utilize any defense or immunity, | 23 | | common law or statutory, available
to the districts or their | 24 | | employees.
| 25 | | (i) To make contracts for a term exceeding one year, but | 26 | | not to exceed
3 years, notwithstanding any provision of this |
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| 1 | | Code to the contrary,
relating to: (1) the employment of a park | 2 | | director, superintendent,
administrator, engineer, health | 3 | | officer, land planner, finance director,
attorney, police | 4 | | chief, or other officer who requires technical training or
| 5 | | knowledge; (2) the employment of outside professional | 6 | | consultants such as
engineers, doctors, land planners, | 7 | | auditors, attorneys, or other
professional consultants who | 8 | | require technical training or knowledge; (3)
the provision of | 9 | | data processing equipment and services; and (4) the purchase of | 10 | | energy from a utility or an alternative retail electric | 11 | | supplier. With respect to
any contract made under this | 12 | | subsection (i), the corporate authorities
shall include in the | 13 | | annual appropriation ordinance for each fiscal year an
| 14 | | appropriation of a sum of money sufficient to pay the amount | 15 | | which, by the
terms of the contract, is to become due and | 16 | | payable during that fiscal year.
| 17 | | (j) To enter into licensing or management agreements with | 18 | | not-for-profit
corporations organized under the laws of this | 19 | | State to operate park district
facilities if the corporation | 20 | | covenants to use the facilities to provide public
park or | 21 | | recreational programs for youth.
| 22 | | (Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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