Bill Text: IL HB2232 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Park District Code. Provides that every park district may enter into a contract to purchase energy from a utility or an alternative retail electric supplier for a term exceeding one year, but not to exceed 3 years. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0325 [HB2232 Detail]
Download: Illinois-2013-HB2232-Amended.html
Bill Title: Amends the Park District Code. Provides that every park district may enter into a contract to purchase energy from a utility or an alternative retail electric supplier for a term exceeding one year, but not to exceed 3 years. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2013-08-12 - Public Act . . . . . . . . . 98-0325 [HB2232 Detail]
Download: Illinois-2013-HB2232-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2232
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2 | AMENDMENT NO. ______. Amend House Bill 2232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Park District Code is amended by changing | ||||||
5 | Section 8-1 as follows:
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6 | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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7 | Sec. 8-1. General corporate powers.
Every park district | ||||||
8 | shall, from the time of its
organization, be a body corporate | ||||||
9 | and politic by such name as set forth
in the petition for its | ||||||
10 | organization or such name as it may adopt under
Section 8-8 | ||||||
11 | hereof and shall have and exercise the following powers:
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12 | (a) To adopt a corporate seal and alter the same at | ||||||
13 | pleasure; to sue
and be sued; and to contract in furtherance of | ||||||
14 | any of its corporate purposes.
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15 | (b) (1) To acquire by gift, legacy, grant or purchase, or | ||||||
16 | by
condemnation in the manner provided for the exercise of the |
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1 | power of eminent
domain under the Eminent Domain Act, any and | ||||||
2 | all real estate, or
rights therein necessary for building, | ||||||
3 | laying out, extending, adorning
and maintaining any such parks, | ||||||
4 | boulevards and driveways, or for
effecting any of the powers or | ||||||
5 | purposes granted under this Code as its
board may deem proper, | ||||||
6 | whether such lands be located within or without such
district; | ||||||
7 | but no park district, except as provided in paragraph (2) of | ||||||
8 | this
subsection, shall have any power of condemnation in the | ||||||
9 | manner provided for the
exercise of the power of eminent domain | ||||||
10 | under the Eminent Domain Act or otherwise as to any real
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11 | estate, lands, riparian rights or estate, or other property | ||||||
12 | situated outside of
such district, but shall only have power to | ||||||
13 | acquire the same by gift, legacy,
grant or purchase, and such | ||||||
14 | district shall have the same control of and power
over lands so | ||||||
15 | acquired without the district as over parks, boulevards and
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16 | driveways within such district.
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17 | (2) In addition to the powers granted in paragraph (1) of | ||||||
18 | subsection (b),
a park district located in more than one | ||||||
19 | county, the majority of its territory
located in a county over | ||||||
20 | 450,000 in population and none of its territory
located in a | ||||||
21 | county over 1,000,000 in population, shall have condemnation
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22 | power in the manner provided for the exercise of the power of | ||||||
23 | eminent domain
under the Eminent Domain Act
or as otherwise | ||||||
24 | granted by law
as to any and all real estate situated up to one | ||||||
25 | mile outside of such district
which is not within the | ||||||
26 | boundaries of another park district.
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1 | (c) To acquire by gift, legacy or purchase any personal | ||||||
2 | property necessary
for its corporate purposes provided that all | ||||||
3 | contracts for supplies, materials
or work involving an | ||||||
4 | expenditure in excess of $20,000 shall be let to the
lowest | ||||||
5 | responsible bidder after due advertisement. No district shall | ||||||
6 | be required to accept a bid that does not meet the district's | ||||||
7 | established specifications, terms of
delivery, quality, and | ||||||
8 | serviceability requirements. Contracts which, by their nature, | ||||||
9 | are not adapted to award by competitive
bidding, such as | ||||||
10 | contracts for the services of individuals
possessing a high | ||||||
11 | degree of professional skill where the ability or
fitness of | ||||||
12 | the individual plays an important part, contracts for the
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13 | printing of finance committee reports and departmental | ||||||
14 | reports,
contracts for the printing or engraving of bonds, tax | ||||||
15 | warrants and other
evidences of indebtedness, contracts for | ||||||
16 | utility services such as water,
light, heat, telephone or | ||||||
17 | telegraph, contracts for the use, purchase,
delivery, | ||||||
18 | movement, or installation of data processing equipment, | ||||||
19 | software, or
services and telecommunications and interconnect | ||||||
20 | equipment, software, or
services, contracts for duplicating | ||||||
21 | machines and supplies, contracts for goods
or services procured | ||||||
22 | from another governmental agency, purchases of equipment
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23 | previously owned by some entity other than the district itself, | ||||||
24 | and
contracts for the purchase of magazines, books, | ||||||
25 | periodicals, pamphlets and
reports are not subject to | ||||||
26 | competitive bidding. Contracts for emergency expenditures are |
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1 | also exempt from competitive bidding when the
emergency | ||||||
2 | expenditure is approved by 3/4 of the members of the board.
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3 | All competitive bids for contracts involving an | ||||||
4 | expenditure in excess of
$20,000 must be sealed by the bidder | ||||||
5 | and must be opened by a member or employee
of the park board at | ||||||
6 | a public bid opening at which the contents of the bids
must be | ||||||
7 | announced. Each bidder must receive at least 3 days notice of | ||||||
8 | the
time and place of the bid opening.
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9 | For purposes of this subsection, "due advertisement" | ||||||
10 | includes, but is not
limited to, at least one public notice at | ||||||
11 | least 10 days before the bid date in
a newspaper published in | ||||||
12 | the district or, if no newspaper is published in the
district, | ||||||
13 | in a newspaper of general circulation in the area of the | ||||||
14 | district.
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15 | (d) To pass all necessary ordinances, rules and regulations | ||||||
16 | for the
proper management and conduct of the business of the | ||||||
17 | board and district
and to establish by ordinance all needful | ||||||
18 | rules and regulations for the
government and protection of | ||||||
19 | parks, boulevards and driveways and other
property under its | ||||||
20 | jurisdiction, and to effect the objects for which
such | ||||||
21 | districts are formed.
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22 | (e) To prescribe such fines and penalties for the violation | ||||||
23 | of
ordinances as it shall deem proper not exceeding $1,000 for | ||||||
24 | any
one
offense, which fines and penalties may be recovered by | ||||||
25 | an action in the name
of such district in the circuit court for | ||||||
26 | the county in which such
violation occurred. The park district |
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1 | may also seek in the action, in
addition to or instead of fines | ||||||
2 | and penalties, an order that the offender
be required to make | ||||||
3 | restitution for damage resulting from violations, and
the court | ||||||
4 | shall grant such relief where appropriate. The procedure in
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5 | such actions shall be the same as that provided by law for like | ||||||
6 | actions for the
violation of ordinances in cities organized | ||||||
7 | under the general laws of this
State, and offenders may be | ||||||
8 | imprisoned for non-payment of fines and costs in
the same | ||||||
9 | manner as in such cities. All fines when collected shall be | ||||||
10 | paid into
the treasury of such district.
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11 | (f) To manage and control all officers and property of such
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12 | districts and to provide for joint ownership with one or more | ||||||
13 | cities,
villages or incorporated towns of real and personal | ||||||
14 | property used for
park purposes by one or more park districts. | ||||||
15 | In case of joint ownership,
the terms of the agreement shall be | ||||||
16 | fair, just and equitable to all
parties and shall be set forth | ||||||
17 | in a written agreement entered into by
the corporate | ||||||
18 | authorities of each participating district, city, village
or | ||||||
19 | incorporated town.
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20 | (g) To secure grants and loans, or either, from the United | ||||||
21 | States
Government, or any agency or agencies thereof, for | ||||||
22 | financing the
acquisition or purchase of any and all real | ||||||
23 | estate, or rights therein,
or for effecting any of the powers | ||||||
24 | or purposes granted under this Code
as its Board may deem | ||||||
25 | proper.
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26 | (h) To establish fees for the use of facilities and |
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1 | recreational programs of
the districts and to derive revenue | ||||||
2 | from non-resident fees from their
operations. Fees charged | ||||||
3 | non-residents of such district need not be the same as
fees | ||||||
4 | charged to residents of the district. Charging fees or deriving | ||||||
5 | revenue
from the facilities and recreational programs shall not | ||||||
6 | affect the right to
assert or utilize any defense or immunity, | ||||||
7 | common law or statutory, available
to the districts or their | ||||||
8 | employees.
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9 | (i) To make contracts for a term exceeding one year, but | ||||||
10 | not to exceed
3 years, notwithstanding any provision of this | ||||||
11 | Code to the contrary,
relating to: (1) the employment of a park | ||||||
12 | director, superintendent,
administrator, engineer, health | ||||||
13 | officer, land planner, finance director,
attorney, police | ||||||
14 | chief, or other officer who requires technical training or
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15 | knowledge; (2) the employment of outside professional | ||||||
16 | consultants such as
engineers, doctors, land planners, | ||||||
17 | auditors, attorneys, or other
professional consultants who | ||||||
18 | require technical training or knowledge; and (3)
the provision | ||||||
19 | of data processing equipment and services ; and (4) the purchase | ||||||
20 | of energy from a utility or an alternative retail electric | ||||||
21 | supplier . With respect to
any contract made under this | ||||||
22 | subsection (i), the corporate authorities
shall include in the | ||||||
23 | annual appropriation ordinance for each fiscal year an
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24 | appropriation of a sum of money sufficient to pay the amount | ||||||
25 | which, by the
terms of the contract, is to become due and | ||||||
26 | payable during that fiscal year.
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1 | (j) To enter into licensing or management agreements with | ||||||
2 | not-for-profit
corporations organized under the laws of this | ||||||
3 | State to operate park district
facilities if the corporation | ||||||
4 | covenants to use the facilities to provide public
park or | ||||||
5 | recreational programs for youth.
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6 | (Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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