SB 2139 — FOX VALLEY PARK DISTRICT

*LRB09710300RLJ50506b* SB2139 97THEngrossed GENERALLRB097 ASSEMBLY10300 StateRLJ of50506 Illinoisb andAN 2012ACT SB2139concerning Introducedlocal 2/10/2011,government. by Sen.

Chris Lauzen SYNOPSIS AS INTRODUCED:

ILCS 1205/2-17.5 new ILCS 1205/2-18 from Ch.

105, par.

2-18 ILCS 1205/8-1 from Ch.

105, par.

8-1 ILCS 1205/8-9 from Ch.

105, par.

8-9 Amends the Park District Code.

Provides that the Fox Valley Pleasure Driveway and Park District is reorganized as a matter of law as the Fox Valley Park District.

Provides for the transition from the existing park district board consisting of 6 appointed trustees with 4-year terms to a board of 7 elected commissioners with 4-year terms by providing for the appointed trustees now serving to be replaced as their terms expire by elected commissioners.

Includes language concerning the length of terms for the commissioners elected in the first 2 elections held after the reorganization that corresponds to other portions of this Division.

Makes corresponding changes in other Sections of the Code.

Effective immediately.

LRB097 10300 RLJ 50506 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB2139 LRB097 10300 RLJ 50506 b AN ACT concerning local government.

Each commissioner shall be elected for a period of 4 years, except during the period of transition as specified in subsection (c), and shall hold office until his or her successor is elected and has qualified.

(c) TheBeginning firstwith electionthe forgeneral commissionerselection ofin the2012, Fox7 Valleycommissioners Park District shall be heldelected at the next regular election for park4-year district commissioners prior to the expiration of the SB2139 - 2 - LRB097 10300 RLJ 50506 b terms offrom thesingle-member 3districts. or 4 former trustees (as the case may be) whose terms first expire.

AtThe thenumber firstof election,commissioners 3who commissionersare residents of a county shall be electedin toproportion, succeedas nearly as practicable, to the formernumber trusteesof whoseresidents termsof havethe expireddistrict orwho whosereside termsin willthat expirecounty beforein relation to the nexttotal election.population of SB2139 Engrossed - 2 - LRB097 10300 RLJ 50506 b the district.

TheseThe 3county newlyboard electedchairperson commissionersand county executive, as applicable, of Kane, DuPage, Kendall, and Will counties shall decideeach appoint a member, approved by lotthe respective county board, to a commission to draw the terminitial fordistricts whichof eachthe shallFox holdValley office.Park District.

TheEach commissionerof drawing the longest4 termmembers shallof servethe forcommission 4shall years,receive thea commissionerweighted drawingvote thebased nextupon longestthe termpopulation shallof servethe fordistrict 2at years, and the othertime commissionerof shallthe servelast forpreceding onefederal year.decennial census.

TwoThe yearscommission thereafter, an election shall bedraw heldand atvote theupon timea providedmap byof thesingle-member generaldistricts electionthat law, at which 4 commissioners shall be electedcompact, tocontiguous, succeedand therespect remainingcounty formerboundaries trusteesas whoseclosely termsas nextpossible. expire.

These 4districts commissioners shall decidebe bydrawn lotwith thepreference termgiven forto whichdrawing eachdistricts shallin holdsingle office.counties.

TheBy 2no commissionerslater drawingthan theJuly longest1, terms2012, shallthe servedistricts formust 4be years,approved by the commissionermembers drawingof the nextcommission longest term shall serve for 2 years, and the otherinitial commissionerelection shallof servecommissioners. for one year.

Thereafter,In commissionersthe shallyear befollowing electedthe fornext adecennial termcensus and each decennial census thereafter, the board of 4commissioners yearsshall reapportion the districts to succeedreflect the commissionersresults whoseof termsthe expire.census.

The term of office for the commissioners elected under this Section shall commence on the first Monday of the month following the month of election.

The terms of all appointed trustees serving on the effective date of this amendatory Act of the 97th General Assembly shall end on December 2, 2012.

SB2139 Engrossed - 3 - LRB097 10300 RLJ 50506 b (e) TheAs of the effective date of this amendatory Act of the 97th General Assembly, each Fox Valley Pleasure Driveway and Park District boardtrustee ofin commissionersoffice mayshall, determineas bya ordinancemember thatof athe minimumboard of onethe commissionerFox isValley toPark beDistrict, electedperform fromthe eachduties countyand withinexercise the district.powers conferred upon park board commissioners under this Code, until his or her successor is elected and has qualified.

SB2139(f) -Any 3tax -authorized LRB097by 10300referendum RLJor 50506other bmeans (f)under As of the effective date of this amendatoryCode Actand oflevied by the 97th General Assembly, each Fox Valley Pleasure Driveway and Park District trusteebefore inthe officeeffective shall,date asof athis memberamendatory Act of the board97th ofGeneral theAssembly Foxshall Valleynot Parkbe District,affected performor theabrogated dutiesbecause andof exercise the powersname conferredchange, uponand parkthe boardFox commissionersValley underPark thisDistrict Code,may untilcontinue histo orlevy her successor is elected and hascollect qualified.that tax.

(g) Any tax authorized by referendum or other means under this Code and levied by the Fox Valley Pleasure Driveway and Park District before the effective date of this amendatory Act of the 97th General Assembly shall not be affected or abrogated because of the name change, and the Fox Valley Park District may continue to levy and collect that tax.

If the district is located in more than one county, the number of trustees who are residents of a county shall be in SB2139 Engrossed - 4 - LRB097 10300 RLJ 50506 b proportion, as nearly as practicable, to the number of residents of the district who reside in that county in relation to the total population of the district, except that the board of trustees may determine that one trustee is to be appointed from each county within the district, such appointment to be made by the appropriate appointing authority as hereinafter provided.

SB2139 Engrossed - 5 - LRB097 10300 RLJ 50506 b provided, that no more than 4 trustees at any one time shall belong to the same political party.

8-1) SB2139 Engrossed - 6 - LRB097 10300 RLJ 50506 b Sec.

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 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 SB2139 Engrossed - 7 - LRB097 10300 RLJ 50506 b driveways within such district.

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 SB2139 Engrossed - 8 - LRB097 10300 RLJ 50506 b 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 are not subject to competitive bidding.

(d) To pass all necessary ordinances, rules and regulations SB2139 Engrossed - 9 - LRB097 10300 RLJ 50506 b 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.

In case of joint ownership, the terms of the agreement shall be SB2139 Engrossed - 10 - LRB097 10300 RLJ 50506 b 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.

(2) the employment of outside professional SB2139 Engrossed - 11 - LRB097 10300 RLJ 50506 b consultants such as engineers, doctors, land planners, auditors, attorneys, or other professional consultants who require technical training or knowledge;

Upon the filing of the aforesaid ordinance or resolution for change of name in the office of said county clerk such change SB2139 Engrossed - 12 - LRB097 10300 RLJ 50506 b of name of such park district shall be complete.