(70 ILCS 1505/15) (from Ch. 105, par. 333.15)
Sec. 15.
Acquisition of real estate.
(a) The Chicago Park District may acquire by gift, grant, purchase, or
condemnation (and may incur indebtedness for the purchase of) any real
estate lands, riparian estates or rights, and other property (including
abandoned railroad rights‑of‑way) required or needed for any park, for
parkways, driveways, or boulevards, or for extending, adorning, or
maintaining the same for the purpose of establishing, acquiring,
completing, enlarging, ornamenting, building, rebuilding, and improving
public parks, boulevards, bridges, subways, viaducts, and approaches
thereto, wharfs, piers, jetties, air landing fields and basins, shore
protection works, pleasure grounds and ways, walks, pathways, driveways,
roadways, highways, and all public works, grounds, or improvements under
the control of and within the jurisdiction of the park commissioners,
including (i) filling in submerged land for park purposes, (ii)
constructing all buildings, field houses, stadiums, shelters,
conservatories, museums, service shops, power plants, structures,
playground devices, and boulevard and building lighting systems, and (iii)
building all other types of permanent improvement and construction
necessary to render the property under the control of the park
commissioners usable for the enjoyment of that property as public parks,
parkways, boulevards, and pleasureways, whether the land is located within
or without the district, if the land is deemed necessary for park purposes
or for parkways, driveways, or boulevards. The Chicago Park District shall
have no power of condemnation, however, as to real estate lands, riparian
rights or estates, or other property located outside the district, but
shall only have power to acquire that property by gift, grant, or purchase.
(b) After December 31, 1958, the powers granted in this Section are
subject to and limited by the Chicago Park and City Exchange of Functions
Act. As provided in that Act and in Section 7 of this Act, the Chicago Park
District may not after that date acquire, extend, and maintain boulevards,
driveways, roadways, and highways used as thoroughfares for vehicular
traffic into or within parks, or any bridges, subways, viaducts, and
approaches thereto.
(c) The Chicago Park District may acquire by lease or permit the right
to occupy and use real estate lands and riparian estates for park and
parkway purposes and may improve, maintain, and equip the lands and estates
when authorized by the Commissioners.
(d) The power of condemnation conferred by this Act shall be exercised
in the manner provided for the exercise of the right of eminent domain
under Article VII of the Code of Civil Procedure.
(Source: P.A. 90‑695, eff. 1‑1‑99.)
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(70 ILCS 1505/15d)
Sec. 15d.
Assistance agreements; facilities; private seat licenses; naming
rights. In addition to the powers and authority now possessed by it, the
Chicago Park District shall have the power and authority:
(1) to enter into and perform its obligations under |
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one or more "assistance agreements" with respect to any "facility" of which the Chicago Park District is the "governmental owner", as each of those terms is defined in the Illinois Sports Facilities Authority Act, and to enter into and perform its obligations under other contracts related thereto, upon such terms and conditions as may be determined by the Chicago Park District;
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(2) to enter into and perform its obligations under
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a lease, license, or agreement with a professional sports team or other sports team with respect to a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District;
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(3) to sell, convey, lease, or grant a permit or
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license with respect to, or authorize another person on its behalf to sell, convey, lease, or grant a permit or license with respect to: (A) the right to use or the right to purchase tickets to use, or any other interest in, any seat or area within a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, (B) the right to name or place advertising in all or any part of such a facility, or (C) any intangible personal property rights, including intellectual property rights, appurtenant to any such facility; and to enter into and perform its obligations with respect to any contract, understanding, agreement, or arrangement related thereto, upon such terms and conditions as may be determined by the Chicago Park District;
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(4) to accept the transfer of and assume the
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obligations under a contract or contracts entered into by the "Authority" or its agent for the design and construction services or design/build services for a "facility", as each such term is defined in the Illinois Sports Facilities Authority Act, and exercise such rights and perform such obligations thereunder without regard to the procedures, regulations and laws which would otherwise have been applicable to the Chicago Park District had the Chicago Park District originally entered into such contract or contracts; and
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(5) to enter into leases, license agreements, permit
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agreements or other agreements with respect to parking facilities, concessions, restaurants and other facilities providing goods and services relating to a "facility" of which the Chicago Park District is the "governmental owner", as each such term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District.
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(Source: P.A. 91‑935, eff. 6‑1‑01.)
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(70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
Sec. 16a.
Personnel code.
(a) Notwithstanding the provisions of the Park System Civil
Service Act or the provisions of any other law, the board of
commissioners by ordinance may establish a personnel code for the Chicago
Park District creating a system of personnel administration based on merit
principles and scientific methods.
(b) The passage by the board of commissioners of a personnel code that
complies with the provisions of this Section shall suspend the
applicability to the Chicago Park District of the Park System Civil
Service Act. That Act shall again become applicable to the Chicago Park
District immediately upon the repeal by the board of commissioners of the
personnel code or of any provision of that Code that is
required by this Section.
(c) Any personnel code passed by the board of commissioners under
the authority of this Section shall contain provisions
necessary to create a personnel system based on merit principles and
scientific methods and shall at a minimum contain the following provisions:
(1) The code shall create the office of Director of |
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Human Resources. The Director of Human Resources shall be a resident of the district and shall be appointed by the board of commissioners.
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(2) The code shall provide for a personnel board
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consisting of 3 members. Two members shall be commissioners and the third shall be the Director of Human Resources or the person lawfully acting in that capacity. Terms for members shall be prescribed by the personnel code. The commissioner members of the personnel board shall serve without compensation but shall be reimbursed for necessary travel and other expenses. The personnel board may administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any hearing authorized by this Section. Any circuit court, upon application by the personnel board or any member of the board, may, in its discretion, compel the attendance of witnesses, the production of books and papers, and the giving of testimony before the board or its hearing officer in relation to a hearing. Any person who shall refuse to comply with a lawfully served order to appear or testify before the personnel board or its hearing officer, or to produce books and papers relevant to the hearing as commanded in a lawfully served subpoena, shall be guilty of a Class B misdemeanor. Any person who, having taken an oath or made affirmation before the board or its hearing officer, knowingly swears or affirms falsely is guilty of perjury and upon conviction shall be punished accordingly.
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(3) The code shall subject all positions of
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employment in the Park District to the jurisdiction of the personnel board, with the exception of offices or high‑ranking senior executive positions, confidential positions, or special program positions that cannot be subject to career service due to program requirements. The board of commissioners shall, by resolution, specifically exempt those offices or positions from the jurisdiction of the personnel board.
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(4) The substantive provisions of the code shall
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provide, at a minimum, for the following:
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(A) With the exceptions listed below, all
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vacancies in positions of employment subject to the jurisdiction of the personnel board shall be filled only after providing reasonable public notice of the vacancy and inviting those who meet the published minimum requirements for the position as further provided in this Section to apply for it. The district shall specify in the announcement of the vacancy the minimum requirements necessary to be considered for the position, as contained in the official position description for the position. The district shall specify in the announcement of the vacancy whether competition for the vacancy is open to non‑employees of the district, or to employees of the district, or to both. The district may dispense with this requirement of public announcement when a vacancy, for reasons promoting the efficiency of the district service, is to be filled by demotion, recall from layoff or leave of absence, or lateral transfer of an employee; or as the result of a lawful order of a court, arbitrator, or administrative agency; or as the result of a bona fide settlement of a legal claim; or in accordance with the provisions of this Section governing emergency appointments; or as a result of a reclassification of an employee's job title made in accordance with rules prescribed by the district for correcting misclassifications; or as the result of a need to correct or avoid violations of any ethics ordinance of the district.
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(B) All vacancies that have been publicly
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announced in accordance with the provisions of subparagraph (A) of this paragraph (4) shall thereafter be filled by a competitive evaluation of the relative qualifications of those who apply for it. Any method of evaluation shall be reasonably designed to select candidates on the basis of job‑related criteria. The personnel board shall prescribe by rule the various methods of evaluation that may be used. The public announcement of the vacancy shall specify the method that will be used for the particular vacancy. The Director of Human Resources shall document the process of conducting each competitive evaluation for each vacancy in sufficient detail that the personnel board may determine the process by which, and the basis on which, the person selected to fill the vacancy was selected.
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(C) The district, where it determines that it is
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in the interest of the efficiency of the service, may specify reasonable lines of promotion or "career ladder" progressions grouping related positions. The district may, in its discretion, restrict competition for a particular vacancy (i) to existing employees who seek promotion to that vacancy from the position class at the next lower step in the relevant line of promotion or career ladder progression or (ii) if there is no such lower step, to existing employees seeking promotion from a particular job classification or classifications whose duties are reasonably related to the duties of the vacancy being filled. No restriction of competition for a vacancy to be filled by promotion shall be applied unless the line of promotion or similar restriction has first been approved by the personnel board.
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(D) Persons appointed to a position of permanent
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employment shall acquire "career service" status following successful completion of a 6‑month period of probation.
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(E) The district may prescribe reasonable rules
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that extend appropriate preference in filling vacancies to qualified persons who have been members of the armed forces of the United States in time of hostilities with a foreign country or to qualified persons who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country. A "time of hostilities with a foreign country" means the period of time from December 7, 1941, to December 31, 1945, and from June 27, 1950, to December 31, 1976 and during any other period prescribed by the Board of Commissioners to take account of periods in which the armed forces were subjected to the risks of hostilities with a foreign country. To qualify for this preference, a person must have served in the armed forces for at least 6 months, been discharged on the ground of hardship, or been released from active duty because of a service‑connected disability; the person must not have received a dishonorable discharge.
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(F) The district may make emergency appointments
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without public announcement or competition where immediate appointment is required for reasons of the security or safety of the public or of the district's property. Emergency appointments shall be immediately reported to the personnel board, which may disapprove them and order them ended. No emergency appointment may last more than 30 days, and no emergency appointment shall be renewed.
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(G) The district may make temporary appointments
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to positions in which it is determined by the personnel board that the continuous services of the employee will be needed for less than 12 months. Appointments shall be made by public announcement and competitive methods as provided in subparagraph (A) of this paragraph (4), but the employee thus appointed shall not acquire career service status during the period of his or her temporary appointment.
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(H) The district may transfer employees without
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competitive procedures from a position to a similar position involving similar qualifications, duties, responsibilities, and salary ranges.
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(I) The district may make layoffs by reason of
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lack of funds or work, abolition of a position, or material change in duties or organization. The personnel code may provide for reemployment of employees so laid off, giving consideration in both layoffs and reemployment to performance record, seniority in service, and impact on achieving equal employment opportunity goals.
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(J) Any employee with career service status
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shall be discharged or suspended without pay for more than 30 days only for cause and only upon written charges for the discharge or suspension. The employee shall have an opportunity to appeal the action to the personnel board and to receive a hearing before the personnel board or a hearing officer appointed by it. The district may suspend, without pay, the charged employee pending a hearing and determination of an appeal by the personnel board. All final administrative decisions by the personnel board discharging or suspending, for more than 30 days, an employee with career service status are subject to judicial review under the Administrative Review Law.
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(K) The district shall extend, to persons who
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are working in a position in which they lawfully acquired civil service status by virtue of being examined under the Park System Civil Service Act, career service status in that position without further examination.
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(L) In filling any position subject to the
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jurisdiction of the personnel board and not exempted under paragraph (3) of subsection (c), the district shall take no account, whether favorably or unfavorably, of any candidate's political affiliation, political preferences or views, or service to any political party or organization. The district shall maintain procedures through which employees may complain of violations of this prohibition and through which any established violation may be corrected.
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(M) The district shall provide, by rule of the
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personnel board, by collective bargaining agreements with the appropriate collective bargaining representatives, or both, for continued recognition of any right acquired on or before the effective date of this amendatory Act of 1991 by an employee of the district to be employed or reemployed, as the result of a layoff or a recall, in a position in which the employee previously held civil service status. Those previously acquired rights may be modified by mutual agreement between the district and the appropriate collective bargaining representative.
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(N) The code shall provide that in filling
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vacancies, the district will follow the provisions of any lawful affirmative action plan approved by the board of commissioners.
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(O) The code shall set forth specific standards
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of employee performance that all district employees shall be required to follow.
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(5) The code shall provide for the preparation,
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maintenance, and revision by the personnel board of a position classification plan for all positions of employment within the district, based on similarity of duties performed, responsibilities assigned, and conditions of employment, so that the same schedule of pay may be equitably applied to all positions in the same class. Every class of positions shall have a position description approved by the personnel board, specifying the duties expected of the occupant of the position, the minimum requirements of education, training, or experience required for the position, and any other information the personnel board by rule may prescribe for inclusion in the position descriptions. No position shall be filled, and no salary or other remuneration paid to an occupant of a position, until the position has been incorporated by the personnel board into the position classification plan.
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(6) The code shall provide for the preparation,
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maintenance, and revision of a pay plan. The pay plan shall be approved, and all revisions to it shall be approved, by the board of commissioners. The pay plan shall assign rates of pay to each position within the approved position classification plan of the district. No salary for any position of employment in the district shall be paid unless and until that position has been lawfully included in the pay plan. Nothing in this Section shall relieve the district from the obligation to bargain over rates of pay under the Illinois Public Labor Relations Act or any other statute that regulates the labor relations of the district.
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(7) The code shall provide that no disbursing or
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auditing officer of the district shall make or approve any payment for personal service to any person holding a position in the service of the district unless the payroll voucher or account of the payment bears the certification of the Director of Human Resources that each person named therein has been appointed and employed in accordance with the provisions of the personnel code and the provisions of this Section. The certification shall be based either upon verification of the individual items in each payroll period or upon procedures developed for avoiding unnecessary repetitive verification when other evidence of compliance with applicable laws and rules is available. The procedures may be based either upon a continuation of payroll preparation by individual departments or upon the use of a central payroll preparation unit. The Director of Human Resources shall furnish the personnel board with a copy of each payroll as certified.
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(Source: P.A. 91‑918, eff. 7‑7‑00.)
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(70 ILCS 1505/16b)
Sec. 16b.
Power to deduct wages for debts.
Upon
receipt of
notice from the comptroller of a municipality with a population of 500,000 or
more, a county with a population of 3,000,000 or more, the Cook County Forest
Preserve District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or a housing authority of a municipality with a population of
500,000 or more
that a debt is due and owing the municipality, the county, the Cook County
Forest Preserve District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
by an employee of
the Chicago
Park District, the District may withhold, from the compensation of that
employee, the amount of the debt that is due and owing and pay the amount
withheld to the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority; provided, however, that the amount
deducted from
any one salary
or
wage payment shall not exceed 25% of the net amount of the payment. Before the
District deducts any amount from any salary or wage of an employee under this
Section, the municipality, the county, the Cook County Forest Preserve
District, the Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
shall certify that (i) the employee has
been afforded an
opportunity for a hearing to dispute the debt that is due and owing the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority and (ii) the employee has received notice
of a wage deduction order and has been afforded an opportunity for a hearing to
object to the order. For purposes of this Section, "net amount" means that
part of the salary or wage payment remaining after the deduction of any amounts
required by law to be
deducted and "debt due and owing" means (i) a specified sum of money
owed to
the municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
for services, work, or goods, after the
period
granted
for payment has expired, or (ii) a specified sum of money owed to the
municipality, the county, the Cook County Forest Preserve District, the
Metropolitan Water
Reclamation District, the Chicago Transit Authority, the Chicago Board of
Education, or the housing authority
pursuant to a court order or order of an administrative hearing officer after
the
exhaustion of, or the failure to exhaust, judicial review.
(Source: P.A. 92‑109, eff. 7‑20‑01.)
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(70 ILCS 1505/17) (from Ch. 105, par. 333.17)
Sec. 17.
Fiscal year; budget report; appropriation ordinance.
(a) After the year in which this Act is adopted, the fiscal year of the
Chicago Park District shall commence on the first day of January and end on the
thirty‑first day of December. This period shall constitute the budget year of
the district. The fiscal provisions set forth in this Section shall apply only
in the years following the year of the adoption of this Act.
(b) At least 60 days before the beginning of each fiscal year, the secretary
shall prepare and submit to the president a budget report to the commission
which shall include, among other things, a statement of proposed expenditures
for the ensuing fiscal year. The statement of proposed expenditures shall show
separately the amounts for ordinary recurring expenses, for extraordinary
expenditures, for debt service, and for capital outlays and shall be
accompanied by detailed estimates of expenditure requirements setting forth the
objects of expenditure (such as personal service, contractual services,
supplies and materials, and the like) and showing further classification, by
character, object, or purpose, as required by the system of expenditure
accounts adopted by the commission. The secretary shall also submit with his or
her statement of proposed expenditures (i) a consolidated summary statement of
the financial condition of the district; (ii) classified statements of income
and receipts and of expenditures and disbursements for the last completed
fiscal year and as estimated for the fiscal year then in progress; and (iii) a
statement of the means of financing the operations of the district, indicating
the cash and other current resources to be available at the beginning of the
next fiscal year and the estimated cash receipts of that year. Estimated
receipts from taxes levied from property shall in no event exceed an amount
produced by multiplying the maximum statutory rate of tax by the last known
assessed valuation of taxable property within the district as equalized for
State and county taxes. The secretary shall submit, with the budget report, a
draft of an appropriation ordinance and a pertinent description of the proposed
financial and operating program and of its anticipated effects on the
district's finances and affairs.
(c) The amounts of proposed expenditures, and of revenues for
appropriations, as set forth in the proposed appropriation ordinance
shall include, in addition to the other requirements for operation,
maintenance, and improvement, the full amounts reasonably to be
anticipated as needed for (i) interest on district debt coming due and
payable, (ii) paying off principal debt maturing during the year, (iii)
annual installments on sinking funds for the meeting of any anticipated
cash deficit from the operations of the fiscal year then in progress,
(iv) payments due to any retirement or other special funds, (v) paying off any
final judgments in effect at the time, (vi) making good any deficiency in any
sinking, endowment, or trust fund to be kept inviolate, and (vii) any payments
for any contracts for capital improvements properly entered into during the
current fiscal year or any previous fiscal year for work to be performed in the
fiscal year for which the budget is prepared. These requirements shall be
adequately provided for in the appropriation ordinance adopted by the
commission.
(d) Upon receiving the budget report, the commission shall make the report
and a tentative budget appropriation bill available to public inspection for at
least 10 days by having at least 3 copies of the report and bill on file in the
office of the district secretary. The commission shall hold at least one
public hearing on the budget report and tentative budget appropriation bill.
Seven days public notice of the hearing shall be given by at least one
publication in a newspaper having a general circulation in the district.
(e) After the hearing, the commission shall consider the budget report
and shall, before the beginning of the new fiscal year, adopt an annual
appropriation ordinance in which the commission shall appropriate the
sums of money required to meet all necessary expenditures
during the fiscal year. In no event shall the aggregate amounts
appropriated exceed the total means of financing. The vote of the
commissioners upon the appropriation ordinance shall be taken by yeas
and nays and recorded in the proceedings of the commission.
(f) Except as otherwise provided in this subsection (f), after the adoption
of the appropriation ordinance, the commission shall not make any further or
other appropriation before the adoption or passage of the next succeeding
annual appropriation ordinance and shall have no power either directly or
indirectly to make any contract or do any act that will add to the expense or
liabilities of the district a sum over and above the amount provided for in the
annual appropriation ordinance for that fiscal year. Notwithstanding
the foregoing provision, the commission may adopt a supplemental appropriation
ordinance for any corporate purpose in an amount not in excess of any
additional receipts available to the Chicago Park District, or estimated to be
received by the district, after the adoption of the annual appropriation
ordinance. The supplemental appropriation ordinance shall, however, only
affect revenue that becomes available after the annual appropriation ordinance
is adopted. For purposes of supplemental appropriation ordinances, notice of
the public hearing at which the ordinance is to be considered shall be given by
publishing notice of the hearing at least once no less than 10 days before the
hearing.
(g) When the voters have approved a bond ordinance for a particular
purpose and the bond ordinance had not been passed at the time of the
adoption of the annual appropriation ordinance, the commission may pass a
supplemental appropriation ordinance (upon compliance with the terms of this
Act) making appropriations for the particular purpose for which the bonds were
authorized. Nothing in this Act shall be construed to forbid the commission
from making any expenditure or incurring any liability rendered necessary to
meet emergencies such as floods, fires, storms, unforeseen damages, or other
catastrophes happening after the annual appropriation
ordinance has been
passed or adopted. Nothing contained in this Act shall be construed to deprive
the commission of the power to provide for and cause to be paid from the
district's funds any charge upon the district imposed by law without the action
of the commission.
(h) The Chicago Park District shall, at any time after the beginning of each
fiscal year, have power to authorize the making of transfers among
appropriations within a department or other separate division under its
jurisdiction or of sums of money appropriated for one object or purpose to
another object or purpose. The commission shall adopt an ordinance
establishing procedures by which the transfers shall be made. In no event shall
transfers from appropriations for ordinary recurring expenses to appropriations
for capital outlays or from capital outlays to ordinary recurring expenses be
authorized or made. No appropriation for any purpose shall be reduced below an
amount sufficient to cover all unliquidated and outstanding contracts or
obligations certified from or against the appropriation for that purpose.
(i) No contract shall be made or expense or liability incurred by the
commission, by any member or committee of the commission, or by any person or
persons for or on its behalf, notwithstanding the expenditures may have been
ordered by the commission, unless an appropriation for the contract, expense,
or liability has been previously made by the commission in the manner provided
in this Section. No officer or employee shall during a fiscal
year expend, or contract to be expended, any money or incur any liability or
enter into any contract that by its terms involves the expenditures of money
for any purpose for which provisions are made in the appropriation ordinance in
excess of the amounts appropriated in the ordinance. Any contract, verbal or
written, made in violation of this Section shall be null and void as to the
district, and no moneys belonging to the district shall be paid
on the contract. Nothing contained in this subsection (i) shall prevent the
making of contracts for the lawful purposes of the district for a period of
more than one year, but any contract so made shall be executory only for the
amounts for which the district may become lawfully liable in succeeding fiscal
years.
(j) If, at the termination of any fiscal year or at the time when the
appropriation ordinance is required to have been passed and published as
provided by this Act, the appropriations necessary for the support of
the district for the ensuing fiscal year have not been made, the several
amounts appropriated in the last appropriation ordinance for the objects and
purposes specified in that ordinance, so far as the amounts related to
operation and maintenance expenses, shall be deemed to be re‑appropriated for
the several objects and purposes specified in the last appropriation ordinance.
Until the commission acts in that behalf, the proper officer shall make the
payments necessary for the support of the district on the basis of the
preceding fiscal year.
(k) The appropriation ordinance shall not be construed as an approval by
the commission of any contract liabilities or of any project or purpose
mentioned in the ordinance but should be regarded only as a provision of a fund
or funds for the payment of the liabilities, project, or purpose when contract
liabilities have been found to be valid and legal obligations against such
district and when properly vouchered, audited, and approved by the commission,
or when any project or purpose is approved and authorized by the commission, as
the case may be.
(l) During the year in which this Act is adopted, the commissioners of
the Chicago Park District shall provide for the necessary expenses of
the district by ordinance filed in the records of the commission, and
no expenditure shall be made nor obligation incurred except pursuant to
that ordinance.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(70 ILCS 1505/20) (from Ch. 105, par. 333.20)
Sec. 20.
The Chicago Park District is authorized to issue the bonds
of such district for the payment of land condemned or purchased for park
or boulevards, for the building, maintaining, improving and protecting
of such for the purpose of establishing, acquiring, completing,
enlarging, ornamenting, building, rebuilding and improving public parks,
boulevards, bridges, subways, viaducts and approaches thereto, wharfs,
piers, jetties, air landing fields and basins, shore protection works,
pleasure grounds and ways, walks, pathways, driveways, roadways,
highways and all public works, grounds, or improvements under the
control of and within the jurisdiction of such park commissioners and
including the filling in of submerged lands for park purposes and
constructing all buildings, field houses, stadiums, shelters,
conservatories, museums, service shops, power plants, structures,
playground devices, boulevard and building lighting systems and building
all other types of permanent improvement and construction necessary to
render the property under the control of such park commissioners usable
for the enjoyment thereof as public parks, parkways, boulevards and
pleasure ways and for the payment of the expenses incident thereto, and
may pledge its property and credit therefor.
Such district shall not incur any bonded indebtedness, exclusive of
outstanding indebtedness to an amount in the aggregate exceeding 2.3% of
the assessed valuation of all taxable property therein as last equalized
and determined for state and local taxes preceding the incurring of such
indebtedness. Bonds
may be issued from time to time to an amount which together with the
outstanding bonded indebtedness of such district, exclusive of bonds
issued to create a working cash fund, will not exceed 1% of the assessed
valuation of all taxable property therein as last equalized and
determined for state and local taxes preceding the issuance of such
bonds without submitting the question to the legal voters for approval.
Except as otherwise provided in this Section and except for working
cash fund bonds issued and to be issued under Section 2 of "An Act
authorizing the Chicago Park District to provide for the creation,
maintenance and administration of a working cash fund", approved July
11, 1935, as amended, bonds shall not be issued until the proposition to
issue such has been submitted to and approved by a majority of the legal
voters of such park district voting upon the proposition, at an election,
after notice of such submission has been
given in the manner provided by the general election law.
Submission of any proposition of issuing bonds shall be authorized by
resolution to be adopted by the Chicago Park District commissioners, which
shall designate the election at which the question
is to be submitted the amount of bonds and purpose for which
such bonds are to be issued.
Any proposition to issue bonds shall be certified by the Chicago Park
District commissioners to the proper election officials,
who shall submit that
proposition in accordance with the general election law. The proposition
shall be in
substantially the following form:
‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑
Shall bonds of the Chicago
Park District to the amount of YES
........ Dollars ($........) be ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑
issued for the purpose of...... NO
...............................?
‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑ ‑
Bonds shall be issued in the name of the Chicago Park District in
such form and denomination and shall be payable at such place and time,
not exceeding 20 years from date thereof or, for bonds issued after the
effective date of this amendatory Act of the 93rd General Assembly, not
exceeding 30
years from the date thereof, and may
be redeemable prior to
maturity with or without premium at the option of the commissioners, as
such commissioners may
determine by ordinance duly adopted and the bonds shall be signed by the
president and attested by the secretary under the corporate seal.
After such advertising as the commissioners shall deem
necessary, the bonds
shall be sold at such price and upon such terms as determined by the
commissioners and which will not cause the net effective interest rate to
be paid by the Chicago Park District to exceed that permitted in "An Act to
authorize public corporations to issue bonds, other evidences of
indebtedness and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now or hereafter
amended. The
validity of any bond so executed shall remain unimpaired, although one
or more of the officers executing such shall have ceased to be such
officer or officers before delivery thereof to the purchaser.
For the purpose of paying the principal of and interest upon such
bonds, the Chicago Park District is authorized to levy and have
collected a direct annual tax upon all taxable property within its
jurisdiction, in addition to all other taxes authorized by law to be
levied and collected for park purposes, sufficient to pay the interest
on such bonds as it falls due and to pay the principal thereof as it
matures, and the county clerk of the county in which such park district
is located upon receiving a certificate from the commissioners that the
amount set out in such certificate is necessary to pay the interest on
and principal of such bonds, shall assess and extend such amount upon
the taxable property embraced in such park district, the same as other
park taxes are by law assessed and extended, and such taxes shall be
collected and paid over in like manner as other park taxes are required
by law to be collected and paid.
(Source: P.A. 93‑338, eff. 7‑24‑03.)
|
(70 ILCS 1505/20a) (from Ch. 105, par. 333.20a)
Sec. 20a.
Bonds; issuance; interest.
Notwithstanding anything to the
contrary in Section 20 of this Act, the Chicago Park District is authorized to
issue from time to time bonds of such district in the principal amount of
$84,000,000 for the purpose of paying the cost of erecting, enlarging,
ornamenting, building, rebuilding, rehabilitating and improving any aquarium or
any museum or museums of art, industry, science or natural or other history
located within any public park or parks under the control of the Chicago Park
District, without submitting the question of issuing such bonds to the voters
of the District.
Notwithstanding anything to the contrary in Section 20 of this Act, and in
addition to any other amount of bonds authorized to be issued under this Act,
the Chicago Park District is authorized to issue from time to time, before
January 1, 2004, bonds of the district in the principal amount of $128,000,000
for the purpose of paying the cost of erecting, enlarging, ornamenting,
building, rebuilding, rehabilitating, and improving any aquarium or any museum
or museums of art, industry, science, or natural or other history located
within any public park or parks under the control of the Chicago Park District,
without submitting the question of issuing the bonds to the voters of the
District.
The bonds authorized under this Section shall be of such denomination
or denominations, may be registerable as to principal only, and shall
mature serially within a period of not to exceed 20 years
or, for bonds issued after the effective date of this amendatory Act of the
93rd General Assembly, within a period
of not
to exceed 30 years, may be
redeemable prior to maturity with or without premium at the option of the
commissioners on such terms and conditions as the commissioners of the Chicago
Park District shall fix by the ordinance authorizing the issuance of such
bonds. The bonds shall bear interest at the rate of not to exceed that
permitted in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as now or hereafter
amended.
Such bonds shall be executed for and on behalf of the Park District
by such officers as shall be specified in the bond ordinance, and one of
such officers may be authorized to execute the bonds by his facsimile
signature, which officer shall adopt as and for his official manual
signature the facsimile signature as it appears upon the bonds.
The ordinance authorizing the issuance of the bonds shall provide for
the levy and collection, in each of the years any of such bonds shall be
outstanding, a tax without limitation as to rate or amount and in
addition to all other taxes upon all the taxable property within the
corporate boundaries of the Chicago Park District, sufficient to pay the
principal of and the interest upon such bonds as the same matures and
becomes due.
A certified copy of the ordinance providing for the issuance of the
bonds and the levying and collecting of the tax to pay the same shall be
filed with the County Clerk of the county in which the Chicago Park
District is located or with the respective County Clerks of each county
in which the Chicago Park District is located. Such ordinance shall be
irrevocable and upon receipt of the certified copy thereof the County
Clerk or County Clerks, as the case may be, shall provide for, assess
and extend the tax as therein provided upon all the taxable property
located within the corporate boundaries of the Chicago Park District, in
the same manner as other park taxes by law shall be provided for,
assessed and extended, and such taxes shall be collected and paid out in
the same manner as other park taxes by law shall be collected and paid.
The interest on any unexpended proceeds of bonds issued under this Section
shall be credited to the Chicago Park District and shall be paid into the
District's general corporate fund. The Chicago Park District may transfer
such amount of interest from the general corporate fund to the aquarium
and museum bond fund.
The amount of the outstanding bonded indebtedness of the Chicago Park
District issued under this Section shall not be included in the bonded
indebtedness of the District in determining whether or not the District
has exceeded its limitation of 1/2 of 1% of the assessed valuation of
all taxable property in the District as last equalized and determined by
the Department of Revenue for the issuance of any bonds authorized under the
provisions of Section 20 of this Act without submitting the question to the
legal voters for approval.
(Source: P.A. 93‑338, eff. 7‑24‑03.)
|
(70 ILCS 1505/21) (from Ch. 105, par. 333.21)
Sec. 21.
The commissioners of the Chicago Park District, without
submitting the question to the legal voters for approval, are authorized
to issue negotiable coupon bonds to refund and/or fund outstanding
indebtedness hereinafter described of the several park districts which
were superseded by it, together with accrued interest and interest on
bonds after their maturity, on such indebtedness as is evidenced by
bonds.
Refunding and/or funding bonds of a superseded park district shall be
issued by the Chicago Park District for and on behalf of such superseded
park district and shall be payable from taxes levied upon the taxable
property within the territory of such superseded park district.
Such indebtedness as is evidenced by bonds of superseded park
districts issued for proper corporate purposes is described as follows:
Total of bonds
|
Name of Park District
|
outstanding |
Albany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
$ 568,000.00 |
Calumet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
82,000.00 |
Edison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
88,666.67 |
Fernwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
95,000.00 |
Forest Glen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
7,000.00 |
Hollywood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
99,000.00 |
Irving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,598,000.00 |
Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
876,000.00 |
Lincoln . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
18,534,000.00 |
North Shore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
692,000.00 |
Northwest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
4,518,000.00 |
Norwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
171,000.00 |
Old Portage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,392,000.00 |
Ravenswood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
22,000.00 |
Ridge Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
373,000.00 |
Ridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
892,500.00 |
River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,387,500.00 |
Sauganash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
83,000.00 |
South . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
48,267,000.00 |
West Chicago . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
14,273,338.87 |
West Pullman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
46,000.00 |
|
.............. |
Total
|
$94,065,005.54 |
|
Indebtedness in the amount of $3,137,045 evidenced by bonds and
interest coupons of Lincoln Park District that were paid at maturity
from bond and/or corporate funds to avoid default thereof which bonds
and interest coupons have not been cancelled and such funds have not
been reimbursed.
Indebtedness as of May 1, 1934 represented by unfunded and floating
obligations of superseded park districts incurred for proper corporate
purposes is described as follows:
Total of unfunded
|
Name of Park District
|
indebtedness |
Albany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
$ 21,130.81 |
Calumet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
3,255.86 |
Forest Glen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
643.55 |
Hollywood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
17,815.98 |
Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
861.23 |
Lincoln . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
46,983.02 |
North Shore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
52,014.06 |
Northwest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
370,561.10 |
Norwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,148.47 |
Old Portage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
839.65 |
Ridge Avenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,032.97 |
Ridge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
5,000.00 |
River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
5,113.68 |
Sauganash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
974.32 |
South . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
113,132.57 |
West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
1,518,393.78 |
West Pullman . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
249.80 |
|
.............. |
Total
|
$2,159,150.85 |
|
Indebtedness existing by reason of unauthorized expenditure of money
from special funds of West Chicago Park District and which funds have
not been reimbursed described as follows:
Employees Annuity and Benefit Fund . . . . . . . . . . . . . . . . .
$593,135.25
Park Policemen's Annuity and Benefit Fund . . . . . . . . . . .
$11,084.38
Public Benefit Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$371,769.47
Additional Land Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$107,182.79
Special Assessment Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$492,867.28
Indebtedness of the Northwest Park District in the amount of
$1,283,876.09 existing by reason of unauthorized expenditure for
corporate purposes of money received from the proceeds of the sale of
its bonds issued and sold for park improvements.
Refunding bonds may be issued to refund any of said bonds prior to
their maturity; to refund any of said bonds that have matured; to refund
any matured coupons evidencing interest on any of said bonds; to refund
any of said bonds which by their terms are subject to redemption before
maturity; to refund any of said bonds and interest coupons that were
paid at maturity from bond and/or corporate funds to avoid default
thereof where such bonds and interest coupons shall not have been
cancelled and such funds shall not have been reimbursed; and to refund
interest at the coupon rate upon any of said matured bonds that has
accrued since the maturity date thereof.
The refunding of bonds, of interest coupons and/or of interest not
represented by coupons may be authorized by one ordinance or by several
ordinances.
Refunding bonds may be exchanged on the basis of par for par for the
bonds, interest not represented by coupons and/or interest coupons
refunded, or refunding bonds may be sold at not less than their par
value and the proceeds received shall be used to pay the bonds, interest
not represented by coupons and/or interest coupons refunded; such
payment may be made without any prior appropriation thereof under any
budget law.
Bonds and interest coupons refunded shall be cancelled and interest
not represented by coupons shall be cancelled and payment thereof
evidenced by written acknowledgment.
Funding bonds may be issued to fund the floating and unfunded
indebtedness of the superseded park districts and to reimburse the
special funds of the West Chicago Park District and the bond proceeds
fund of the Northwest Park District hereinabove described.
Funding bonds may be exchanged on the basis of par for par for the
indebtedness funded or reimbursed or the funding bonds may be sold at
not less than their par value and the proceeds received shall be used to
pay such floating indebtedness and/or to reimburse such special funds;
such payment may be made without any prior appropriation thereof under
any budget law.
Floating indebtedness funded shall be cancelled and payment thereof
and reimbursement of special funds shall be evidenced by written
acknowledgment.
Refunding and/or funding bonds shall be authorized by ordinance and
may be made registerable as to principal and shall be of the form and
denomination, payable at the place and bear such date as may be
determined by the commissioners and shall mature within not to exceed
20 years from their date or, for bonds issued after the effective date of
this amendatory Act of the 93rd General Assembly, within not to exceed 30
years from their date, but may be made callable on any interest payment
date at the price of par and accrued interest after notice shall
be given by publication or otherwise and at the time or times and in the
manner as may be provided in the bond ordinance. Such bonds may bear
interest at the rate of not to exceed six per cent per annum payable at
the time and place provided in the bond ordinance.
The ordinance authorizing such refunding and/or funding bonds of any
superseded park district shall prescribe all details thereof and shall
provide for the levy and collection of an annual tax upon all the
taxable property within the superseded park district sufficient to pay
the principal thereof and interest thereon as it matures which tax shall
be in addition to and exclusive of the maximum of all other taxes
authorized to be levied by said commissioners.
A duly certified copy of the bond ordinance shall be filed in the
office of the County Clerk of Cook County and shall constitute authority
for the extension and collection of such bond and interest taxes as
required by the constitution.
Refunding and funding bonds shall be signed by the facsimile
signature of the president with like effect as if signed with his
genuine signature and shall be signed by such other officers of the
Chicago Park District as may be designated in the bond ordinance.
The validity of any refunding and funding bonds shall remain
unimpaired although one or more of the officers executing same shall
have ceased to be such officer or officers before delivery thereof.
Prior to the maturity of the refunding and/or funding bonds, after
setting aside a sum of money equal to the amount of interest that will
accrue thereon within the next six months period from the time it is
proposed to purchase and/or redeem any such refunding and/or funding
bonds, or the commissioners may require that said sum of money be equal
to the amount of interest that will so accrue within the next twelve
months period, the treasurer of the Chicago Park District shall use the
money available from the proceeds of taxes levied for the payment of the
refunding and/or funding bonds, first, in the purchase of such refunding
and/or funding bonds at the lowest price obtainable, but not to exceed
their par value and accrued interest, after sealed tenders for such
purchase shall have been advertised for as may be directed by the
commissioners thereof and thereafter such money shall be used by said
official in calling said bonds for payment, if, by their terms, they are
subject to redemption.
Refunding and funding bonds called for payment and paid or purchased
shall be marked paid and cancelled.
Whenever refunding or funding bonds are purchased and/or redeemed and
cancelled, the taxes thereafter to be extended for payment of interest
shall be reduced in an amount equal to the interest that thereafter
would have accrued upon such refunding and funding bonds so cancelled
and a resolution shall be adopted by the commissioners finding such
facts and a certified copy thereof shall be filed in the office of the
county clerk of Cook County whereupon it shall be the duty of such
official to reduce and extend such tax levies in accordance therewith.
After bonds are refunded proper reduction of taxes theretofore levied
for the payment of the bonds refunded and next to be extended for
collection shall be made by the County Clerk upon receipt of a
certificate signed by the secretary of the Chicago Park District
describing the bonds refunded and amount thereof and the tax to be
abated.
Money available from uncollected taxes levied for prior years for
payment of bonds and/or interest coupons that have been paid or
refunded, after payment of all warrants that may have been issued in
anticipation of such taxes shall be placed in the Sinking Fund Account
hereinafter designated and used to purchase, call for payment or to pay
at maturity such refunding bonds and interest thereon as herein
provided.
Money received from the proceeds of taxes levied for the payment of
principal of and interest upon such refunding and funding bonds shall be
deposited in the depositary bank or savings and loan association of
the Chicago Park District in a
special account designated as "Chicago Park District and Superseded Park
Districts Bond and Interest Sinking Fund Account." Said money shall be
faithfully applied to the payment of the refunding and/or funding bonds
and interest thereon for which such taxes were levied.
If such money is not immediately necessary for the payment or
redemption of refunding and/or funding bonds or if such bonds cannot be
purchased before maturity, then said money may be invested under the
direction of the commissioners in bonds or other interest bearing
obligations of the United States and bonds of the State of Illinois.
The maturity date of the invested securities shall be prior to the
due date of the refunding and/or funding bonds for the payment of which
said money was collected. Such securities may be sold when ordered by
the commissioners if necessary to obtain cash to meet bond and interest
payments.
The commissioners of the Chicago Park District are authorized to take
any action that may be necessary to inform the owners of such
outstanding bonds and floating indebtedness of the financial condition
of the superseded park districts and the necessity of refunding said
outstanding bonds and readjusting their maturities and funding such
floating indebtedness in order that sufficient taxes may be collected to
take care of all financial obligations. Said commissioners may enter
into such agreements as may be deemed essential to prepare and complete
any refunding and funding plan and are authorized, without previous
appropriation therefor under any budget law, to incur and pay from any
available revenues all expenditures necessary to complete the refunding
of such bonds and the funding of such floating indebtedness of the
superseded park districts and reestablish the credit of the Chicago Park
District.
The outstanding indebtedness of the several superseded park districts
as evidenced by their official records and described in this section is
declared to be the legal and binding obligation of said several
superseded park districts in the amounts therein described,
respectively, and when refunding and/or funding bonds shall have been
issued in lieu thereof, such bonds will constitute the legal and binding
obligation of the superseded park districts, respectively, for the
payment of which all taxable property therein will be liable.
Nothing herein contained shall prevent the commissioners of the
Chicago Park District from accepting the provisions of and issuing
funding and refunding bonds under "An Act authorizing the Chicago Park
District to assume and become liable for the payment of certain
indebtedness of superseded park districts and to issue its bonds to
refund and/or fund same, legalizing such indebtedness and providing for
the levy and collection of taxes for the payment of such bonds," enacted
at the regular session of the 59th General Assembly.
(Source: P.A. 93‑338, eff. 7‑24‑03 .)
|
(70 ILCS 1505/26.3) (from Ch. 105, par. 333.23n)
Sec. 26.3.
The Chicago Park District, to carry out the purposes of
this section, has all the rights and powers over its harbor as it does
over its other property, and its rights and powers include but are not
limited to the following:
(a) To furnish complete harbor facilities and services, including
but not limited to: launching, mooring, docking, storing, and repairing
facilities and services; parking facilities for motor vehicles and boat
trailers; and roads for access to the harbor.
(b) To acquire by gift, legacy, grant, purchase, lease, or by
condemnation in the manner provided for the exercise of the right of
eminent domain under Article VII of the Code of Civil Procedure, approved
August 19, 1981, as
amended, any property necessary or appropriate for the purposes of this
section, including riparian rights, within or without the Chicago Park
District.
(c) To use, occupy and reclaim submerged land under the public
waters of the State and artificially made or reclaimed land anywhere
within the jurisdiction of the Chicago Park District, or in, over, and
upon bordering public waters.
(d) To acquire property by agreeing on a boundary line in accordance
with the provisions of "An Act to enable the
commissioners of Lincoln Park to extend certain parks, boulevards and
driveways under its control from time to time and granting submerged
lands for the purpose of such extensions and providing for the
acquisition of riparian rights and shore lands and interests therein for
the purpose of such extensions and to defray the cost thereof," approved
May 25, 1931, and "An Act to enable Park Commissioners
having control of a park or parks bordering upon public waters in this
state, to enlarge and connect the same from time to time by extensions
over lands and the bed of such waters, and defining the use which may be
made of such extensions, and granting lands for the purpose of such
enlargements," approved May 14, 1903, as amended, and the other Statutes
pertaining to Park Districts bordering on navigable waters in the State
of Illinois.
(e) To locate and establish dock, shore and harbor lines.
(f) To license, regulate, and control the use and operation of the
harbor, including the operation of all water‑borne vessels in the
harbor, or otherwise within the jurisdiction of the Chicago Park
District.
(g) To establish and collect fees for all facilities and services, and
compensation for materials furnished. Fees charged nonresidents of such
district need not be the same as fees charged to residents of the district.
(h) To appoint a director of special services, harbor masters and other
personnel, defining their
duties and authority.
(i) To enter into contracts and leases of every kind, dealing in any
manner with the objects and purposes of this section, upon such terms
and conditions as the Chicago Park District determines.
(j) To establish an impoundment area or areas within the jurisdiction
of the Chicago Park District.
(k) To remove and store within the impoundment area or areas a water‑borne
vessel that:
(1) is tied or attached to any docks, piers or buoys or other moorings
in or upon any harbors or waters of the park system in contravention of
those Sections of the Code of the Chicago Park District pertaining to the
use of harbors or any rules promulgated by the general superintendent thereunder;
(2) is located in the waters or harbors for a period of 12 hours or more
without a proper permit;
(3) is abandoned or left unattended in the waters or harbors that impedes
navigation on the waters;
(4) is impeding navigation on the waters, because the persons in charge
are incapacitated due to injury or illness;
(5) is abandoned in the waters or harbors for a period of 10 hours or more;
(6) is seized under Article 36 of the Criminal Code of 1961, having been
used in the commission of a crime;
(7) is reported stolen and the owner has not been located after a reasonable search.
(l) To impose a duty on the director of special services or other appointed
official to manage and operate the impoundment process and to keep any impounded
vessel until such vessel is repossessed by the owner or other person legally
entitled to possession thereof or otherwise disposed of in accordance with
ordinances or regulations established by the Chicago Park District.
(m) To impose fees and charges for redemption of any impounded vessel
to cover the cost of towing and storage of the vessel while in custody of
the Chicago Park District.
(n) To release any impounded vessel to a person entitled to possession
or to dispose of such vessel which remains unclaimed after a reasonable
search for the owner has been made in full compliance with ordinances and
regulations of the Chicago Park District.
(o) To control, license and regulate, including the establishment of permits
and fees therefor, the chartering, renting or letting for hire of any vessel
operating on the waters or harbors within the jurisdiction of the Chicago Park District.
(p) To rent storage space to owners of vessels during such seasons and
at such fees as are prescribed from time to time in regulations of the Chicago
Park District.
(Source: P.A. 83‑388.)
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(70 ILCS 1505/26.7) (from Ch. 105, par. 333.23r)
Sec. 26.7.
If the Commissioners of the Chicago Park District desire to
issue bonds pursuant to the provisions of Sections 26.1 to 26.10, both
inclusive, of this Act as now enacted and as may hereafter be amended,
they shall adopt an ordinance describing in a general way the harbor and
facilities thereof, or relating thereto, to be acquired, constructed,
enlarged, improved, operated and maintained as a harbor for the use and
benefit of the public, and refer to the general plans and specifications
therefor prepared for that purpose. These plans and specifications shall be
placed on file in the office of the Secretary of the Chicago Park District
and shall be open to the inspection of the public. Such ordinance shall set
out the estimated cost of the harbor or facilities thereof, or relating
thereto, and shall fix the maximum amount of revenue bonds proposed to be
issued therefor. This amount shall not exceed the estimated cost of the
harbor and facilities, including engineering, legal and other expenses,
together with interest cost to a date 12 months subsequent to the estimated
date of completion. Such ordinance may contain such covenants which shall
be part of the contract between the Chicago Park District and the holders
of such bonds and the Trustee, if any, for the bondholders having such
rights and duties as may be provided therein for the enforcement and
protection of such covenants as may be deemed necessary and advisable as
to:
(a) The issuance of additional bonds that may thereafter be issued
payable from the revenues derived from the operation of such harbor or
buildings, structures and facilities, and for the payment of the principal
and interest on such bonds;
(b) The regulations as to the use of any such harbor and facilities to
assure the efficient use and occupancy thereof;
(c) Kind and amount of insurance to be carried, including use and
occupancy insurance, cost of which shall be payable only from the revenues
derived from the harbor and facilities;
(d) Operation, maintenance, management, accounting and auditing,
employment of harbor engineers and consultants, and keeping of records,
reports and audits of any such harbor and facilities;
(e) The obligation of the Chicago Park District to maintain the harbor
and facilities in good condition and to operate same in an economical and
efficient manner;
(f) Providing for setting aside any sinking funds, reserve funds,
depreciation funds and such other special funds as may be found needful and
the regulation and disposition thereof;
(g) Providing for the setting aside of a sinking fund into which shall
be payable from the revenues of such harbor and facilities from month to
month as such revenues are collected such sums as will be sufficient to pay
the accruing interest and retire the bonds at maturity;
(h) Agreeing to fix and collect fees and rents and other charges for the
use of such harbor or facilities, sufficient together with other available
money to produce revenue adequate to pay the bonds at maturity and accruing
interest and reserves therefor, and sufficient to pay cost of maintenance,
operation and depreciation thereof in such order of priority as shall be
provided by the ordinance authorizing the bonds;
(i) Fixing procedure by which the terms of any contract with the holders
of the bonds may be amended, the amount of bonds the holders of which must
consent thereto, and the manner in which consent may be given;
(j) Providing the procedure for refunding such bonds;
(k) Providing whether and to what extent and upon what terms and
conditions, if any, the holder of bonds or coupons issued under such
ordinance, or the Trustee, if any, may by
action, mandamus, injunction or other proceeding, enforce or compel
the performance of
all duties required by this Act, including the fixing, maintaining and
collecting of fees, rates or other charges for the use of the harbor or
other facilities, or for any service rendered by the Chicago Park District
in the operation thereof as will be sufficient, together with other
available money, to pay the principal of and interest upon these revenue
bonds as they become due and reserves therefor and sufficient to pay the
cost of maintenance and operation and depreciation of the harbor and
facilities in the order of priority as provided in the ordinance
authorizing the bonds and application of the income and revenue thereof;
(l) Such other covenants as may be deemed necessary or desirable to
assure a successful and profitable operation of the harbor and facilities,
and prompt payment of the principal of and interest upon the bonds so
authorized.
The Chicago Park District may enter into a trust agreement to secure
payment of the bonds issued hereunder.
After the ordinance has been adopted and approved, it shall be
published once in a newspaper published and having a general circulation in
the Chicago Park District and shall become effective ten days after
publication or posting thereof.
(Source: P.A. 83‑345.)
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