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| Public Act 101-0304
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| SB0246 Enrolled | LRB101 04911 AWJ 49920 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Park District Code is amended by changing |
Section 8-1 as follows:
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(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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Sec. 8-1. General corporate powers.
Every park district |
shall, from the time of its
organization, be a body corporate |
and politic by the name set forth
in the petition for its |
organization, the specific name set forth in this Code, or the |
name it may adopt under
Section 8-9 and shall have and exercise |
the following powers:
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(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.
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(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 the Eminent Domain |
Act, 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 |
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be located within or without such
district; but no park |
district, except as provided in paragraph (2) of this
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subsection, shall have any power of condemnation in the |
manner provided for the
exercise of the power of eminent |
domain under the Eminent Domain Act 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.
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(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
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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 the Eminent |
Domain Act
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.
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(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 $25,000, or a lower |
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amount if required by board policy, shall be let to the
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lowest responsible bidder after due advertisement. No |
district shall be required to accept a bid that does not |
meet the district's established specifications, terms of
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delivery, quality, and serviceability requirements. |
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
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evidences of indebtedness, contracts for utility services |
such as water,
light, heat, telephone or telegraph, |
contracts for fuel (such as diesel, gasoline, oil, |
aviation, or propane), lubricants, or other petroleum |
products, 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
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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
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reports are not subject to competitive bidding. Contracts |
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for emergency expenditures are also exempt from |
competitive bidding when the
emergency expenditure is |
approved by 3/4 of the members of the board.
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All competitive bids for contracts involving an |
expenditure in excess of $25,000, or a lower amount if |
required by board policy,
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.
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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.
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(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
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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.
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(e) To prescribe such fines and penalties for the |
violation of
ordinances as it shall deem proper not |
exceeding $1,000 for any
one
offense, which fines and |
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penalties may be recovered by an action in the name
of such |
district in the circuit court for the county in which such
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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.
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(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
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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.
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(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 |
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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.
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(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
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to the districts or their employees.
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(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,
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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
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professional consultants who require technical training or |
knowledge; (3)
the provision of data processing equipment |
and services; and (4) the purchase of energy from a utility |
or an alternative retail electric supplier. With respect to
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any contract made under this subsection (i), the corporate |
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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.
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(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.
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(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14; |
99-771, eff. 8-12-16.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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