(70 ILCS 805/0.001) (from Ch. 96 1/2, par. 6300)
Sec. 0.001.
Short title.
This Act may be cited as the
Downstate Forest Preserve District Act.
(Source: P.A. 86-1324.)
(70 ILCS 805/.01) (from Ch. 96 1/2, par. 6301)
Sec. .01.
The provisions of this Act apply only to forest preserve districts
in counties having a population of less than 3,000,000.
(Source: P.A. 80-320.)
(70 ILCS 805/1)
(from Ch. 96 1/2, par. 6302)
Sec. 1. Whenever any area of
contiguous territory lying wholly within one county contains one or more
natural forests or parks thereof and one or more cities, towns or
villages, such territory may be incorporated as a forest preserve
district by a referendum passed under Section 18.1 of the Conservation
District Act or in the following manner, to wit:
Any 500 legal voters residing within the limits of such
proposed district may petition the circuit court of the county in which
such proposed district lies, to order the question to be submitted to
the legal voters of such proposed district whether or not it shall be
organized as a forest preserve district under this act. Such petition
shall be addressed to the circuit court of the county in which
such proposed forest preserve district is situated and shall contain a
definite description of the territory intended to be embraced in such
district, and the name of such district. Upon the filing of such
petition in the office of the clerk of the circuit court of the county
in which such territory is situated, it shall be the duty of such
circuit court to fix a
day and hour for the public consideration thereof, which shall not be less than
15 days after the filing of such petition. Such circuit
court shall cause a notice of the time and place of such public
consideration to be published 3 successive days in some newspaper
having a general circulation in the territory proposed to be placed in such
district. The
date of the last publication of such notice shall not be less than 5
days prior to the time set for such public hearing. At the time and
place fixed for such public hearing the circuit court shall
hear any person owning property in such proposed district who desires to
be heard, and if the circuit judge finds that all of the
provisions of this act have been complied with, the court shall
enter an order
fixing and defining the boundaries and the name of such proposed
district in accordance with the prayer of the petition. In the event
that any other petition or petitions for the organization of a forest
preserve district or districts in the same county is filed under
this act before the time fixed for the public hearing of the first
petition, the circuit court shall postpone the
public consideration of the first petition so that the hearing of all
petitions shall be set for the same day and hour. In any county where there
are 2 or more judges sitting at the time of filing such first
petitions the clerk of the circuit court shall cause all petitions
filed subsequent to the first petition to be assigned to the
judge to whom the first petition
is assigned so that all such petitions may be heard by the same judge.
Should 2 or more petitions be filed under this act and come
on for hearing at the same time and it shall be found by the
circuit court that any of the territory embraced in any one
of the petitions is included in or contiguous with the territory
embraced in any other
petition or petitions, the circuit court may
include all of the
territory described in such petitions in one district and shall fix the
name proposed in the petition first filed as the name for the district.
After the entry of the order fixing and defining the boundaries and the
name of such proposed district, it shall be the duty of the
circuit court to order to be submitted to the legal voters
of such proposed district at any election, the question
of the organization of such proposed district. The clerk of the circuit
court shall certify the order and the question to the proper election officials
who shall submit the question to the voters of the proposed district in
accordance with the general election law.
Notice of the referendum shall contain a definite description of the territory
intended to be embraced in such district, and the name of such district.
(Source: P.A. 95-54, eff. 8-10-07.)
(70 ILCS 805/2) (from Ch. 96 1/2, par. 6303)
Sec. 2.
The proposition shall be substantially in the following form:
————————————————————–
“Shall there be organized a forest
preserve district in accordance with
the order of the judge of the circuit
court of …. county, dated (insert YES
date), to be known as (insert here
the name of the proposed district as ——————–
entered in the order of the judge of
the circuit court) and described as NO
follows: (insert description of the
proposed district as entered in the
order of the judge of the circuit
court)?”
————————————————————–
The clerk of the circuit court of the county shall cause a
statement of the result of the referendum in the proposed district
to be filed in the records of the circuit court of the county, and
if a majority of the votes cast in the proposed
district upon the question is found to be in favor of the
organization of a forest preserve district, the proposed
forest preserve district shall thenceforth be deemed an organized
forest preserve district under this Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
(70 ILCS 805/3) (from Ch. 96 1/2, par. 6304)
Sec. 3.
All courts shall take judicial notice of all forest preserve
districts organized under this act.
(Source: Laws 1947, p.1027.)
(70 ILCS 805/3a) (from Ch. 96 1/2, par. 6305)
Sec. 3a.
Except as otherwise provided in this
Section, and except as provided in Section
3c, 3d, and 3.5, the affairs of the district shall be managed by a
board of commissioners
consisting of 5 commissioners, who shall be appointed by the presiding
officer of the county board of the county in which such forest preserve
district is situated, with the advice and consent of such county board.
The first appointment shall be made within 90 days and not sooner than
60 days after such forest preserve district has been organized as
provided herein. Each member of such board so appointed shall be a
legal voter in such district. The first commissioners shall be appointed
to hold office for terms of one, 2, 3, 4, and 5 years, and until June 30
thereafter, respectively, as determined and fixed by lot. Thereafter,
successor commissioners shall be appointed in the same manner no later than
the first day of the month in which the term of a commissioner expires.
Except as provided in Section 3c and 3d, a
vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term by appointment of a commissioner by the county
board chairman with the advice and consent of the members of the county
board. In the one district in existence on July 1, 1977, that is managed
by an appointed board of commissioners, the incumbent 5 commissioners shall
complete their respective terms as originally prescribed in this Act. However,
upon the expiration of the terms of 2 of the incumbent commissioners on
January 1, 1978, they or their successors shall be appointed to hold office
for terms of 3 and 5 years, and until June 30 thereafter, respectively,
as determined and fixed by lot. Furthermore, upon the expiration of the
terms of the remaining incumbent commissioners on January 1, 1980, they or
their successors shall be appointed to hold office for terms of 2, 4, and 5
years, and until June 30 thereafter, respectively,
as determined and fixed by lot. Thereafter, each successor commissioner
shall be appointed for a term of 5 years. Each member of
the board before entering upon the duties of his office shall take the
oath prescribed by the constitution. From the time of the appointment
of the first board of commissioners, such forest preserve district shall
be construed in all courts to be a body corporate and politic by the name
and style determined as aforesaid and by such name may sue and be sued,
contract and be contracted with, acquire and hold real and personal
estate necessary for its corporate purposes and adopt a seal and alter
the same at its pleasure.
In case the boundaries of a district are co-extensive with
the
boundaries of any county, city, village, incorporated town or sanitary
district, the corporate authorities of such county (until the commissioners
elected under Section 3c and 3d take office), city, village,
incorporated town or sanitary district shall have and exercise the
powers and privileges and perform the duties and functions of the
commissioners provided for in this Act and in that
case no commissioner shall
be appointed for that district. The corporate
authorities, other than
members of a county board in counties under township organization having
a population of less than 3,000,000 and members of a county board in a
county not under township organization who were elected prior to July 1,
1965, shall act without any other pay than that already provided by law.
The members of a county board of a county under township organization
and members of a county board of a county not under township
organization who were elected prior to July 1, 1965, who also act as
commissioners of a forest preserve district in counties having a
population of less than 3,000,000 may receive for their services as
commissioners of a forest preserve district a per diem fee to be fixed
by such board, but not to exceed $36 per day, which shall be in full for
all services rendered on such day, or an annual salary to be fixed by such
board, but not to exceed $3,000, plus mileage expenses at a rate not more
than the amount allowed for members of the county board of such county, as
fixed by the board, for each mile necessarily traveled in attending
meetings of the board of such district, plus any expense incurred while,
or in connection with, carrying out the business of such district
outside the boundaries of such district, payable from the forest
preserve district treasury. The president of the Board of Commissioners
of the Forest Preserve District in counties of less than 3 million may receive
in lieu of a per diem fee an annual salary to be fixed by such board.
No Forest Preserve Commissioner shall file for a per diem payment for services
rendered on the same day for which he filed for a per diem payment as a county
supervisor. When the county board also acts as such commissioners, a member of
the county board of a county under township organization and a member of the
county board of a county not under township organization, who is elected prior
to July 1, 1965 may, with the permission of the county board, work alone as
such a commissioner and be paid in the usual manner.
Unless otherwise qualified, the term “board”, when used in this Act,
means the board of commissioners of any forest preserve district, or the
corporate authorities of any county, city, village, incorporated town,
or sanitary district, when acting as the governing body of a forest
preserve district.
(Source: P.A. 96-239, eff. 8-11-09.)
(70 ILCS 805/3b) (from Ch. 96 1/2, par. 6306)
Sec. 3b.
The board shall comply with the provisions of “An Act concerning
the use of Illinois mined coal in certain plants and institutions”, filed
July 13, 1937, as heretofore or hereafter amended.
(Source: Laws 1951, p. 1739.)
(70 ILCS 805/3c)
Sec. 3c. Elected board of commissioners in certain counties. If the boundaries of a district are co-extensive with the boundaries of a
county having a population of more than 800,000 but less than 3,000,000,
all commissioners of the forest preserve district shall be elected from the number of districts as determined by the forest preserve district board of commissioners. Such a forest preserve district is a separate and distinct legal entity, and its board members are elected separate and apart from the elected county commissioners. Upon its formation, or as a result of decennial reapportionment, such a forest preserve district shall adopt a district map determining the boundary lines of each district. That map shall be adjusted and reapportioned subject to the same decennial reapportionment process stated in Section 3c-1. No more than one commissioner shall be elected from each district. The
president of the board of commissioners of the forest
preserve district shall be elected by the voters of the county, rather than by
the commissioners. The president shall be a resident of the county and shall
be elected throughout the county for a
4-year term without having been first elected as commissioner of the forest
preserve
district.
Each commissioner shall be a resident of the forest preserve board district from which
he or she was elected not later than the date of the commencement of the term
of office. The term of office for the president and commissioners elected
under this
Section shall commence on the first Monday
of the month following the month of election.
Neither a commissioner nor the president of the board of
commissioners of that forest preserve
district
shall serve simultaneously as member or chairman of the county board. No
person shall seek election to both the forest preserve commission and the
county board at the same election, nor shall they be eligible to hold both offices at the same time.
The president, with the advice and consent of the
board of commissioners shall appoint a secretary,
treasurer, and such other officers as deemed necessary by the board of
commissioners, which officers need not be members of the board of
commissioners. The president shall have the powers and duties as specified in
Section 12 of this Act.
Candidates for president and commissioner shall be candidates of
established political
parties.
If a vacancy in the office of president or commissioner occurs, other
than by expiration
of the president’s or commissioner’s term, the
forest preserve district board of commissioners shall declare that a vacancy
exists and notification of the vacancy shall be given to the county central
committee of each established political party within 3 business days after the
occurrence of the vacancy. If the vacancy occurs in the office of forest
preserve
district commissioner, the
president of the board
of commissioners shall,
within 60 days after the date of the vacancy,
with the advice and consent of other commissioners then serving, appoint a
person to serve for the remainder of the unexpired term.
The appointee
shall be affiliated with the same political party as the commissioner in whose
office the vacancy occurred and be a resident of such district. If a vacancy
in the office of president occurs, other than by expiration of the president’s
term, the remaining members of
the board of commissioners shall, within 60 days after the vacancy,
appoint one of the commissioners to serve as
president for the remainder of
the unexpired term.
In that case, the office of the commissioner who is appointed to serve
as president shall be deemed vacant and shall be filled within 60 days by
appointment of the president with the advice and consent of the other forest
preserve district commissioners. The commissioner who is appointed to fill a
vacancy in
the office of president shall be affiliated with the same political party as
the person who occupied the office of president prior to the vacancy. A person
appointed to fill a vacancy in the office of president or commissioner shall
establish his or her party affiliation by his or her record of voting in
primary elections or by holding or having held an office in an established
political party organization before the appointment. If the appointee has not
voted in a party primary election or is not holding or has not held an office
in an established political party organization before the appointment, the
appointee shall establish his or her political party affiliation by his or her
record of participating in an established political party’s nomination or
election caucus.
If, however, more than 28 months remain in the unexpired
term of a commissioner or the president, the
appointment shall be until the next general election, at
which time the
vacated office of commissioner or president shall be filled by election for the
remainder of the term.
Notwithstanding any law to the contrary, if a vacancy occurs after
the last day provided in Section 7-12 of the Election Code for filing
nomination papers for the office of president of a forest
preserve district where that office is elected as provided for in this
Section, or as set forth in Section 7-61 of the Election Code, a vacancy in
nomination shall be filled by the passage of a resolution by the nominating
committee of the affected political party within the time periods specified in
the Election Code. The nominating committee shall consist of the chairman of
the county central committee and the township chairmen of the affected
political party. All other vacancies in nomination shall be filled in
accordance with the provisions of the Election Code.
The president and commissioners elected under this Section may be reimbursed
for their reasonable expenses actually incurred in performing their official
duties under this Act in accordance with the provisions of Section 3a. The
reimbursement paid under this Section shall be paid by the forest preserve
district.
Compensation for the president and the forest preserve commissioners elected under this Section
shall be established by the board of commissioners of the forest preserve district.
This Section does not apply to a forest preserve district created under Section 18.5 of the Conservation District Act.
(Source: P.A. 102-668, eff. 11-15-21.)
(70 ILCS 805/3c-1)
Sec. 3c-1. Reapportionment plan for forest preserve districts under Section 3c.
(a) The Downstate Forest Preserve District board of commissioners shall develop an apportionment plan and specify the number of districts. Each district shall have one commissioner. Each such district:
- (1) shall be substantially equal in population to each other district; and
- (2) shall be comprised of contiguous territory, as nearly compact as practicable; and
- (3) shall be created in such a manner so that no precinct shall be divided between 2 or more districts, insofar as is practicable.
(b) The president of the board of commissioners of a Downstate Forest Preserve District may develop a reappointment plan and that plan, as presented or as amended, shall be presented to the board by the third Wednesday in May in the year after a federal decennial census year for approval in accordance with the provisions of subsection (a) of this Section. If the president presents a plan to the board by the third Wednesday in May, the board shall conduct at least one public hearing to receive comments and to discuss the apportionment plan. That hearing shall be held at least 6 days but not more than 21 days before the board may consider adopting the plan, and the public shall be given notice by publication in a newspaper of general circulation in the district of the hearing at least 6 days in advance of the hearing. The president of the board of commissioners shall have access to the federal decennial census available to the board.
(c) For the reapportionment in calendar year 2021, the president of the board of commissioners may develop and present (or redevelop and represent) to the board by the third Wednesday in November of 2021 an apportionment plan. If a plan is presented, the board shall conduct at least one hearing on the proposed plan before it may be adopted. That hearing shall be held at least 6 days but not more than 21 days before the board may consider adopting the plan, and the public shall be given notice by publication in a newspaper of general circulation in the district of the hearing at least 6 days in advance of the hearing.
(d) After each decennial census, the Downstate Forest Preserve District board is not obligated to reapportion the districts if existing districts are within a 10% population deviation from each other based on the results of the decennial census.
(e) As used in this Section, “Downstate Forest Preserve District” means a district described in Section 3c.
(Source: P.A. 102-668, eff. 11-15-21.)
(70 ILCS 805/3d)
Sec. 3d. Elected board of commissioners in certain other counties. If the boundaries of a district are co-extensive with the boundaries of a county having a population of more than 200,000 but less than 800,000, bordering the State of Wisconsin but not adjoining any county with a population
of over 2,000,000, all commissioners of the forest preserve
district shall be elected at large by the voters of the county, beginning with the general election held in 2010 and each succeeding general election. Nomination of candidates for the office of commissioner at the initial and each succeeding election shall be made by petition signed in the aggregate for each candidate by not less than 100 qualified voters of the forest preserve district. Seven commissioners shall be elected, with candidates receiving the highest, second-highest, and third-highest number of votes being elected for 6-year terms. Candidates receiving the fourth-highest and fifth-highest number of votes shall be elected for 4-year terms. Candidates receiving the sixth-highest and seventh-highest number of votes shall be elected for 2-year terms. Thereafter, each commissioner shall be elected for a 6-year term.
After each general election, the forest preserve district commissioners shall elect a president from among their members for a 2-year term.
Each commissioner shall be a resident of the county from which he or she was elected no later than the date of the commencement of the term of office. The term of office for the president and commissioners elected under this Section shall commence on the first Monday of the month following the month of election.
Neither a commissioner nor the president of the board of commissioners shall serve simultaneously in any other elective or appointive office in the county. The president, with the advice and consent of the board of commissioners, shall appoint a secretary, treasurer, and any other officer deemed necessary by the board of commissioners. The officers need not be members of the board of commissioners. The president shall have the powers and duties as set forth in Section 12 of this Act.
Candidates for commissioner shall not be candidates of
established political parties, but shall be non-partisan.
If a vacancy in the office of president or commissioner occurs, other than by expiration of the president’s or a commissioner’s term, the forest preserve district board of commissioners shall declare that a vacancy exists, and the board of commissioners shall, within 60 days after the date of the vacancy, upon the majority vote of the commissioners then serving, elect a person to serve for the remainder of the unexpired term. If, however, more than 28 months remain in the unexpired term of a commissioner, at the time of appointment, the appointment shall be until the next general election, at which time the vacated office of commissioner shall be filled by election for the remainder of the term. All other vacancies in nomination shall be filled in accordance with the provisions of the Election Code.
The president and commissioners elected under this Section shall serve without compensation. The president and commissioners may be reimbursed for their reasonable expenses actually incurred in performing their official duties under this Act in accordance with the provisions of Section 3a. The cost of reimbursement under this Section shall be paid by the forest preserve district.
This Section does not apply to a forest preserve district created under Section 18.5 of the Conservation District Act.
(Source: P.A. 96-239, eff. 8-11-09.)
(70 ILCS 805/3.5)
Sec. 3.5. Elected board of commissioners.
(a) In counties with a population more than 30,000 but less than 90,000,
in each forest preserve
district organized after the effective date of this amendatory Act of 1997 or
in which, on the effective date of this amendatory Act of 1997,
the
commissioners of the district are appointed by the presiding officer of the
county board under Section 3a, the commissioners shall be elected as provided
in this Section, rather than appointed, beginning with the first consolidated
election following the effective date of this amendatory Act of 1997. There
shall be 5 elected commissioners, elected from the district at large. Each
commissioner must be a resident of the district. The terms of all elected
commissioners shall commence on the third Monday of the month following
the month of election. No party designation shall appear on the ballot for the
election of commissioners. The terms of all commissioners appointed under
Section 3a in a district to which this Section applies shall expire on the
third Monday of the month following the month of the first election of
commissioners in that district under this Section.
If before August 20, 1993 (the effective date of Public Act 88-443)
in a county with a population of 30,000 or less a presiding officer
of a county board appointed the commissioners of the forest preserve district
and if that presiding officer has, since August 20,
1993, continued to appoint the commissioners of the forest preserve
district, then those appointments made after August 20, 1993, if made in
compliance with Section 3a, are
validated.
(b) The initial elected commissioners shall, no later than 45 days after
taking office, divide themselves publicly by lot as equally as possible into 2
groups. Commissioners or their successors from one group shall be elected for
terms of 4 years; the initial elected commissioners from the second
group shall serve for terms of 2 years, and their successors shall be elected
for terms of 4 years.
(c) The commissioners shall elect from among their number a president of the
board of commissioners.
(d) Whenever a vacancy occurs in the office of commissioner, whether by
death, resignation, refusal to qualify, no longer residing in the district, or
for any other reason, the board of commissioners shall declare that a
vacancy exists. The vacancy shall be filled within 60 days by appointment of
the president of the board of commissioners, with the advice and consent of the
other commissioners. The appointee shall be eligible to serve as commissioner.
The appointee shall serve the remainder of the unexpired term. If, however,
more than 28 months remain in the term, the appointment shall be until the next
consolidated election, at which time the vacated office of commissioner shall
be filled by election for the remainder of the term.
If a vacancy occurs in the office of president of the board of commissioners,
the remaining commissioners shall elect one of their number to serve as
president for the balance of the unexpired term of the president in whose
office the vacancy occurred.
(e) Except as otherwise provided in this Section, elected commissioners
shall have the same powers and duties, and shall be entitled to the same
compensation, as enjoyed by commissioners before the effective date of this
amendatory Act of 1993.
(Source: P.A. 93-847, eff. 7-30-04.)
(70 ILCS 805/4) (from Ch. 96 1/2, par. 6307)
Sec. 4.
In the case of appointed commissioners, whenever any person holding
the office of president or commissioner of any such district shall, from any
cause, cease to be a legal voter within such district, his office shall
thereupon become vacant, and a successor shall be appointed for the remainder
of his term as other members of the board of commissioners are appointed.
(Source: P.A. 88-443.)
(70 ILCS 805/5) (from Ch. 96 1/2, par. 6308)
Sec. 5.
Any forest preserve district organized under this Act shall
have the power to create forest preserves, and for that purpose shall
have the power to acquire in the manner hereinafter
provided, and hold lands containing one or more natural forests or parts
thereof or land or lands connecting such forests or parts thereof, or
lands capable of being forested, or capable of being restored to a
natural condition, for the purpose of protecting and
preserving the flora, fauna, and scenic beauties within such district,
and to restore, restock, protect and preserve the natural forests and
such lands together with their flora and fauna, as nearly as may be, in
their natural state and condition, for the purpose of the education,
pleasure, and recreation of the public. Lands may be acquired
for the consolidation of such preserves into unit areas of size
and form convenient and desirable for public use and economical
maintenance and improvement and when in the judgment of the Board the
public access, use, and enjoyment of such preserves and other purposes
of this Act will be served by connecting any such preserves with
forested ways or links, lands for connecting links of such width,
length, and location as the Board deem necessary or desirable may be
acquired and held for such purposes and improved by
forestation, public roads, roads, and pathways.
Any such district may enter into contracts with any local governmental
entities for such district to pay any or all costs of improving and
maintaining any public roadway lying outside the district property
but providing public access to the lands and facilities of the district.
Any such district may also acquire
lands along or enclosing water courses, drainage ways,
lakes, ponds, planned impoundments or elsewhere which, in the judgment
of its Board are required to store flood waters, or control other
drainage and water conditions, or in any district in a county with a
population of over 300,000 and less than 3,000,000, to recycle secondary
treated sewage effluents or wastewater through the production and sale of
agricultural, silvicultural or aquacultural products, necessary for the
preservation and management of the water resources of the district, provided no
debris, tree, tree limbs, logs, shrubbery, or related growths and
trimmings therefrom shall be deposited in, along, or upon the bank of
any waters and water courses within the State of Illinois or any
tributary thereto where the same shall be liable to be washed into or
deposited along waters and water courses, either by normal or flood
flows, as a result of storms or otherwise, which may in any manner
impede or obstruct the natural flow of such waters and water courses.
Unforested lands adjacent to forest preserves may also be acquired to provide
for extension of roads and forested ways around
and by such preserves and for parking space for automobiles and other
facilities not requiring forested areas but incidental to the use and
protection thereof. All work done in or along any water course shall be
done in accordance with the provisions of “An Act in relation to the
regulation of the rivers, lakes, and streams of the State of Illinois,”
approved June 10, 1911, as heretofore and hereafter amended, insofar as
such Act may be applicable.
For the purposes of this Section, “acquiring land” includes acquiring
a fee simple, lease or easement in land.
(Source: P.A. 85-993.)
(70 ILCS 805/5a) (from Ch. 96 1/2, par. 6308a)
Sec. 5a.
When any district borders upon any navigable body of water,
the title to the bed or submerged land of which is vested in the State of
Illinois, the district may, with the written approval of the Secretary of the
Illinois Department of Transportation, take possession of, enclose, fill in,
reclaim and protect any portion of such submerged land bordering thereon, over
which there shall be shoal and shallow water not fit for navigation and
shall have the power to establish, construct and maintain forest preserves and
boulevards over and upon the same, and all right, title and interest of the
State of Illinois in and to the bed or submerged land of such body of water
so taken possession of, enclosed, filled in and reclaimed is hereby granted
and ceded to such district and the title thereto shall vest in such
district to be held for the use and benefit of the public as a part of
said district for forest preserve and boulevard purposes exclusively, and the
district shall have power for the purpose of reclaiming such submerged land
and protecting the same thereafter, to construct all necessary
break-waters or other protection for the building and maintenance of such
forest preserves and boulevards, and the enclosing or reclamation of such submerged lands.
Any such submerged lands so enclosed and reclaimed as aforesaid shall
forever be held and maintained for forest preserve and boulevard purposes
and no portion thereof shall ever be granted or ceded away by any district
for any purpose, and in case the same should ever cease to be used for
forest preserve or boulevard purposes, then the title to the same shall
revert to the State of Illinois, together with all the improvements thereon
and the appurtenances thereof.
(Source: P.A. 84-783.)
(70 ILCS 805/5b) (from Ch. 96 1/2, par. 6308b)
Sec. 5b.
Whenever the land so taken possession of, enclosed, filled in,
and reclaimed under Section 5a shall lie along property not belonging to
such district, and by the taking possession of, enclosing and filling in
such submerged land such property shall be shut off from its access to
such body of water and shall be injuriously affected thereby, such district
shall pay all damages arising to such property therefrom, and in case the
same cannot be agreed upon, such damages shall be ascertained in the manner
provided for the acquiring of property for such district by
condemnation proceedings as provided by law.
(Source: P.A. 84-783.)
(70 ILCS 805/5c) (from Ch. 96 1/2, par. 6308c)
Sec. 5c.
Whenever any district is located along any such
navigable body of water as set forth in Section 5a, the right is
hereby given to the corporate authorities thereof to take charge of,
control and police such body of water and the land thereunder for a
distance of three hundred feet along any forest preserve, boulevard or
pleasure drive constructed by it and bordering thereon.
(Source: P.A. 84-783.)
(70 ILCS 805/5d) (from Ch. 96 1/2, par. 6308d)
Sec. 5d.
Nothing in Sections 5a through 5c shall be construed
as granting to any such district the right to interfere with the navigation
of any navigable body of water or to shut off the access to any public dock
or landing thereon, or to shut off the access of public highways or streets
to such body of water at reasonable intervals in each municipality
bordering thereon in said district.
(Source: P.A. 84-783.)
(70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)
Sec. 5e. Property owned by a forest preserve district and property in which a forest preserve district is the grantee of a conservation easement or the grantee of a conservation right as defined in Section 1(a) of the Real Property Conservation Rights Act shall not be
subject to eminent domain or condemnation proceedings, except as otherwise
provided in Section 15 of the O’Hare Modernization Act and Section 2-100 of the Public-Private Agreements for the South Suburban Airport Act.
(Source: P.A. 98-109, eff. 7-25-13.)
(70 ILCS 805/5.2) (from Ch. 96 1/2, par. 6308.2)
Sec. 5.2.
Special assessments.
Property owned by a forest preserve
district shall not be subject to special assessments by any other unit of
local government.
(Source: P.A. 84-1398.)
(70 ILCS 805/5.3) (from Ch. 96 1/2, par. 6308.3)
Sec. 5.3.
Property owned by a forest preserve district shall not be
subject to annexation without express consent of the forest preserve
district.
(Source: P.A. 84-1398.)
(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
Sec. 6. Acquisition of property. Any such District shall have power to
acquire lands and grounds
for the aforesaid purposes by lease, or in fee simple by gift, grant, legacy,
purchase or condemnation, or to acquire easements in land, and to construct,
lay out, improve and maintain wells, power plants, comfort stations,
shelter houses, paths, driveways, public roads, roadways and other
improvements and facilities in and through such forest preserves as they
shall deem necessary or desirable for the use of such forest preserves by
the public and may acquire, develop, improve and maintain waterways in
conjunction with the district. No district with a population less than
600,000 shall have the power to purchase, condemn, lease or acquire an
easement in property within a municipality without the concurrence of the
governing body of the municipality, except where such district is acquiring
land for a linear park or trail not to exceed 100 yards in width or is
acquiring land contiguous to an existing park or forest preserve, and no
municipality shall annex any land for the purpose of defeating a District
acquisition once the District has given notice of intent to acquire a
specified parcel of land. No district with a population of less than
500,000 shall (i) have the power
to condemn property for a linear park or trail within a municipality
without the concurrence of the
governing body of the municipality or (ii) have the power to
condemn property for a linear park or
trail in an unincorporated area without the concurrence of the governing
body of the township within which the property is located or (iii) once
having commenced a proceeding to acquire land by condemnation, dismiss or
abandon that proceeding without the consent of the property owners.
No district shall establish a trail surface within 50 feet of an occupied
dwelling which was in existence prior to the approval of the acquisition by
the district without obtaining permission of the owners of the premises or
the concurrence of the governing body of the municipality or township within
which the property is located. All acquisitions of land by a district with a
population less than 600,000
within 1 1/2 miles of a municipality shall be preceded by a conference with
the mayor or president of the municipality or his designated agent. If a
forest preserve district is in negotiations for acquisition of land with
owners of land adjacent to a municipality, the annexation of that land
shall be deferred for 6 months. The district shall have no power to acquire
an interest in real estate situated outside the district by the exercise of
the right of eminent domain, by purchase or by lease, but shall have the
power to acquire any such property, or an easement in any such property,
which is contiguous to the district by gift, legacy, grant, or lease
by the State of Illinois, subject to
approval of the county board of the county, and of any forest preserve
district or conservation district, within which the property is located.
The district shall have the same control of and power over land, an
interest in which it has so acquired, as over forest preserves within the
district. If any of the powers to acquire lands and hold
or improve the same given to Forest Preserve Districts, by Sections 5
and 6 of this Act should be held invalid, such invalidity shall not
invalidate the remainder of this Act or any of the other powers herein
given and conferred upon the Forest Preserve Districts. Such Forest
Preserve Districts shall also have power to lease not to exceed 40 acres
of the lands and grounds acquired by it, for a term of not more than 99
years to veterans’ organizations as grounds for convalescing sick veterans and veterans with disabilities, and as a place upon which to construct rehabilitation
quarters, or to a county as grounds for a county nursing home or
convalescent home. Any such Forest Preserve District shall also have
power to grant licenses, easements and rights-of-way for the
construction, operation and maintenance upon, under or across any
property of such District of facilities for water, sewage, telephone,
telegraph, electric, gas, renewable energy, or other public service, subject to such terms
and conditions as may be determined by such District.
Any such District may purchase, but not condemn, a parcel of land and sell a
portion thereof for not less than fair market value pursuant to resolution
of the Board. Such resolution shall
be passed by the affirmative vote of at least 2/3 of all members of the
board within 30 days after acquisition by the district of such parcel.
The corporate authorities of a forest preserve district that (i) is located in a county that has more than 700,000 inhabitants, (ii) borders a county that has 1,000,000 or more inhabitants, and (iii) also borders another state, by ordinance or resolution, may authorize the sale or public auction of a structure located on land owned by the district if (i) the structure existed on the land prior to the district’s acquisition of the land, (ii) two-thirds of the members of the board of commissioners then holding office find that the structure is not necessary or is not useful to or for the best interest of the forest preserve district, (iii) a condition of sale or auction requires the transferee of the structure to remove the structure from district land, and (iv) prior to the sale or auction, the fair market value of the structure is determined by a written MAI-certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser and the appraisal is available for public inspection. The ordinance or resolution shall (i) direct the sale to be conducted by the staff of the district, a listing with local licensed real estate agencies (in which case the terms of the agent’s compensation shall be included in the ordinance or resolution), or by public auction, (ii) be published within 7 days after its passage in a newspaper published in the district, and (iii) contain pertinent information concerning the nature of the structure and any terms or conditions of sale or auction. No earlier than 14 days after the publication, the corporate authorities may accept any offer for the structure determined by them to be in the best interest of the district by a vote of two-thirds of the corporate authorities then holding office.
Whenever the board of any forest preserve district determines that
the public interest will be subserved by vacating any street, roadway,
or driveway, or part thereof, located within a forest preserve, it may
vacate that street, roadway, or driveway, or part thereof, by an
ordinance passed by the affirmative vote of at least 3/4 of
all the members of the board, except that the affirmative vote of at least
6/7 of all the members of the board is required if the board members are
elected under Section 3c of this Act. This vote shall be taken by ayes and
nays and entered in the records of the board.
The determination of the board that the nature and extent of the
public use or public interest to be subserved is such as to warrant the
vacation of any street, roadway, or driveway, or part thereof, is
conclusive, and the passage of such an ordinance is sufficient evidence
of that determination, whether so recited in the ordinance or not. The
relief to the public from further burden and responsibility of
maintaining any street, roadway or driveway, or part thereof,
constitutes a public use or public interest authorizing the vacation.
Nothing contained in this Section shall be construed to authorize the
board of any forest preserve district to vacate any street, roadway, or
driveway, or part thereof, that is part of any State or county highway.
When property is damaged by the vacation or closing of any street,
roadway, or driveway, or part thereof, damage shall be ascertained and
paid as provided by law.
Except in cases where the deed, or other instrument dedicating a
street, roadway, or driveway, or part thereof, has expressly provided
for a specific devolution of the title thereto upon the abandonment or
vacation thereof, and except where such street, roadway or driveway, or
part thereof, is held by the district by lease, or where the district holds
an easement in the land included within the street, roadway or driveway,
whenever any street, roadway, or driveway, or part
thereof is vacated under or by virtue of any ordinance of any forest
preserve district, the title to the land in fee simple included within
the street, roadway, or driveway, or part thereof, so vacated vests in
the forest preserve district.
The board of any forest preserve district is authorized to sell at
fair market price, gravel, sand, earth and any other material obtained
from the lands and waters owned by the district.
For the purposes of this Section, “acquiring land” includes acquiring a
fee simple, lease or easement in land.
(Source: P.A. 101-344, eff. 1-1-20.)
(70 ILCS 805/6.5)
Sec. 6.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 805/6a) (from Ch. 96 1/2, par. 6310)
Sec. 6a.
Every forest preserve district and the board thereof is empowered
to dedicate areas as nature preserves as provided in
the “Illinois Natural Areas Preservation Act”, as now or hereafter amended, and to
cooperate with the Illinois Nature Preserves Commission in matters relating
to the purposes of that Act.
(Source: P.A. 82-445.)
(70 ILCS 805/6b) (from Ch. 96 1/2, par. 6311)
Sec. 6b.
The board of each forest preserve district has the power by ordinance
to purchase or lease as lessee real or personal property, or to acquire
an easement in real property, for public
purposes pursuant to contracts or leases which provide that the
consideration for such purchase, lease or easement may be paid in annual
installments; and to lease as
lessee or to purchase real property or personal property for public
purposes pursuant to a lease or purchase agreement which lease or
purchase agreement may provide that the district may, at its option,
purchase the property which is subject to the agreement or lease upon
terms wherein payments previously made, or a portion of them, are
deducted from the purchase price of the property as provided for in such
lease or agreement.
However, the maximum amounts that will become due under the terms of
such purchase or lease agreements, or under the terms of the acquisition
of an easement, together with all other indebtedness
of the district, must be within the constitutional limitations upon the
incurring of indebtedness for such district and for such pertinent
public purposes.
(Source: P.A. 83-927.)
(70 ILCS 805/6c) (from Ch. 96 1/2, par. 6311.1)
Sec. 6c.
The board of any forest preserve district situated in a
county with a population over 600,000 may sell or lease as lessor to any
person any golf course clubhouse and adjacent land up to 15 acres in
size when such clubhouse is one of two clubhouses serving two
contiguous golf courses owned and operated by the forest preserve district,
and may enter into a lease or agreement with any person with respect to
such property whereby all or part of the payments previously made pursuant
to the lease or agreement are deducted from the purchase price. However,
no part of the golf course or any other grounds in excess of 15 acres
may be included in any such lease or sale.
In addition to any other power provided in this Section, the board of any forest preserve district may lease or sell all or part of a building used for office or administrative uses and all or part of any other real estate used for parking, access, storage, or other uses that are ancillary to the building’s office and administrative uses if the board deems the building or other real estate, in whole or in part, is not then required for the district’s purposes. The board may lease all or part of the building or other real estate to any individual or entity on such terms and conditions as the board may approve, and may collect rent from the individual or entity. Any such lease shall not exceed 10 years in duration and shall expressly state that a non-exempt lessee is liable for the payment of property taxes under Section 9-195 of the Property Tax Code.
(Source: P.A. 99-219, eff. 7-31-15.)
(70 ILCS 805/6d) (from Ch. 96 1/2, par. 6311.2)
Sec. 6d.
Trading parcels of land.
The board of a forest preserve district
within a county which has a population of no more than 550,000
may trade
any one or more parcels of land owned by the district for one or more
parcels of land owned by one or more individuals or any public or private
entity whenever the board determines the trade to be advantageous to the
district. The board shall approve such trade by unanimous vote of the
members of the board. No trade shall be approved by the board unless all
parcels of land involved in the trade have been appraised by an MAI
appraiser or a State certified real estate appraiser within one year before
the date the trade is to take effect.
(Source: P.A. 92-824, eff. 1-1-03.)
(70 ILCS 805/6e)
Sec. 6e.
Counties under 550,000; sales of land.
The board
of a forest
preserve district located in a county that has a population of no more than
550,000 may sell any one or more parcels of land owned by the
district that are
less than one acre in size whenever the board determines the sale to be
advantageous to the district. The board shall approve the sale by a
two-thirds
vote of the members of the board then holding office. A sale may not be
approved by the board unless all parcels of land involved in the sale have been
appraised by an MAI appraiser or a State-certified real estate appraiser within
one year before the date the sale is to take effect. The net proceeds of the
sale of any parcel of land under this Section shall be set aside for the
district’s future land acquisitions and may not be utilized for any other
purpose.
(Source: P.A. 92-824, eff. 1-1-03.)
(70 ILCS 805/6f)
Sec. 6f. A forest preserve district that acquires a parcel of land in excess of 600 acres that includes one or more vacant, subdivided residential outlots on the boundary of the 600 acres, regardless of whether the outlots are contiguous to one another, may sell the outlots when the board of commissioners determines that the sale is advantageous to the district. The board shall approve the sale by an affirmative vote of two-thirds of the members of the board then holding office. A sale may not be approved by the board unless all the parcels involved in the sale have been appraised by an MIA appraiser or a State-certified real estate appraiser within one year before the date the sale is to take effect. Any property sold under this Section must be sold for fair market value. The net proceeds of the sale of any parcel of land under this Section shall be set aside and expended only for capital improvements that are required to make the 600 acres accessible and open to the public or the payment of bond indebtedness associated with the purchase of the 600 acres.
(Source: P.A. 95-246, eff. 8-17-07.)
(70 ILCS 805/7) (from Ch. 96 1/2, par. 6312)
Sec. 7.
The board of any forest preserve district organized hereunder may
by ordinance regulate and control the speed of travel on all paths,
driveways and roadways within forest preserves, and prohibit the use of
such paths, driveways and roadways for racing or speeding purposes, and may
exclude therefrom traffic, teams and vehicles, and may by ordinance
prescribe such fines and penalties for the violation of their ordinances as
cities and villages are allowed to prescribe for the violation of their
ordinances.
(Source: Laws 1947, p. 1027.)
(70 ILCS 805/7a) (from Ch. 96 1/2, par. 6313)
Sec. 7a.
The board of any forest preserve district organized hereunder may
by ordinance regulate, control and license all modes of travel
within the forest preserve district.
The amendatory Act of 1975 is not a limitation on any home rule unit.
(Source: P.A. 79-559.)
(70 ILCS 805/7b) (from Ch. 96 1/2, par. 6314)
Sec. 7b.
The board of any Forest Preserve District organized under this Act
may
by ordinance issue licenses for any activity reasonably connected with the
purpose for which the Forest Preserve District has been created, except that
in counties with between 500,000 and 750,000 inhabitants, the ordinance shall
be approved by a two-thirds vote of the members elected.
(Source: P.A. 89-654, eff. 8-14-96.)
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
Sec. 8. Powers and duties of corporate authority and officers; contracts; salaries.
(a) The board shall be the corporate authority of such forest
preserve district and shall have power to pass and enforce all necessary
ordinances, rules and regulations for the management of the property and
conduct of the business of such district. The president of such board
shall have power to appoint such employees as may be necessary. In counties
with population of less than 3,000,000, within 60 days after their selection
the commissioners appointed under the provisions of Section 3a of this Act
shall organize by selecting from their members a president, vice president, secretary,
treasurer and such other officers as are deemed necessary who shall hold
office for the fiscal year in which elected and until their successors are
selected and qualify. In the one district in existence on July 1, 1977, that
is managed by an appointed board of commissioners, the incumbent president
and the other officers appointed in the manner as originally prescribed in this
Act shall hold such offices until the completion of their respective terms or
in the case of the officers other than president until their successors
are appointed by said president, but in all cases not to extend beyond January
1, 1980 and until their successors are selected and qualify. Thereafter,
the officers shall be selected in the manner as prescribed in this Section
except that their first term of office shall not expire until June 30, 1981
and until their successors are selected and qualify.
(a-5) An officer selected pursuant to subsection (a) may be removed, with or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board of the forest preserve district. Upon adoption of a motion to remove an officer: (i) the office becomes vacant and the former officer’s compensation shall be prorated to the date the motion was approved; (ii) if the officer removed is the president then the vice president immediately assumes the duties of the president without president compensation and, if the officer removed is the vice president, treasurer, or secretary, then the president shall select an interim appointee who shall serve until the next regularly scheduled forest preserve district board meeting; and (iii) a new officer shall be selected at the next regularly scheduled forest preserve district board meeting. An officer removed under this Section maintains his or her status as a member of the forest preserve district board.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person exercising
the powers of the president of the board shall have power to appoint a
secretary and an assistant secretary and treasurer and an assistant
treasurer and such other officers and such employees as may be necessary.
The assistant secretary and assistant treasurer shall perform the duties
of the secretary and treasurer, respectively in case of death of such officers
or when such officers are unable to perform the duties of their respective
offices. All contracts for supplies, material or
work involving an expenditure in excess of $30,000, or a lower amount if required by board policy, shall be let to the lowest
responsible bidder, after advertising at least once in one or more
newspapers of general circulation within the district, excepting work
requiring personal confidence or necessary
supplies under the control of monopolies, where competitive bidding is
impossible, or as otherwise provided in the Forest Preserve District and Conservation District Design-Build Authorization Act. Contracts for supplies, material or work involving an
expenditure of $30,000, or a lower amount if required by board policy, or less may be let without advertising for bids,
but whenever practicable, at least 3 competitive bids shall be obtained
before letting such contract. All contracts for supplies, material or
work shall be signed by the president of the board of commissioners or
by any such other officer as the board in its discretion may designate.
(c) The president of any board of commissioners appointed under the
provisions of Section 3a of this Act shall receive a salary not to
exceed the sum of $2500 per annum and the salary of other members of the
board so appointed shall not exceed $1500 per annum. Salaries of the
commissioners, officers and employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal property that, in the opinion of three-fifths of the members of the board of commissioners, is no longer necessary, useful to, or for the best interests of the forest preserve district, then three-fifths of the members of the board, at any regular meeting or any special meeting called for that purpose by an ordinance or resolution that includes a general description of the personal property, may authorize the conveyance or sale of that personal property in any manner that they may designate, with or without advertising the sale.
(Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)
(70 ILCS 805/8a) (from Ch. 96 1/2, par. 6316)
Sec. 8a.
The board shall have the right and power to appoint and maintain a
sufficient police force, the members of which shall be peace officers
certified and trained under the provisions of the Illinois Police Training
Act. The members of the police force shall have and exercise police
powers over the territory owned, leased, or licensed by the District and
property over which the District has easement rights for the preservation
of the public peace, and the observance and enforcement of the ordinances
and laws, such as are conferred upon and exercised by the police of
organized cities and villages; but such police force, when acting within
the limits of any city or village, but outside the territory owned,
leased, or licensed by the District and property over which the District
has easement rights, shall act in aid of the regular police
force of such city or village and shall then be subject to the direction of
its chief of police, city or village marshals, or other head thereof.
(Source: P.A. 86-1480.)
(70 ILCS 805/8b) (from Ch. 96 1/2, par. 6317)
Sec. 8b.
The board of commissioners of any forest preserve district
organized under this Act, when so requested by the treasurer of the
district, shall designate one or more banks or savings and loan associations
in which the
funds and moneys received by the treasurer, by virtue of his office, may be
deposited. When a bank or savings and loan association has been designated
as a depository it shall
continue as such until 10 days have elapsed after a new depository is
designated and is qualified by furnishing the statements of resources and
liabilities as is required by this Section. When a new depository is
designated, the board of commissioners shall notify the sureties of the
treasurer of that fact in writing at least 5 days before the transfer of
funds. The treasurer of the district shall be discharged from
responsibility for all funds and moneys deposited in a bank or depository,
so designated, while such funds and moneys are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain investments of public
funds by public agencies”, approved July 23, 1943, as now or hereafter amended.
Notwithstanding any provision of this Act or of any other law, each
official custodian of forest preserve district funds, including, without
limitation, each forest preserve district treasurer and each person
properly designated as custodian for funds held by an intergovernmental
risk management association or self-insurance pool composed solely of
participating park districts, forest preserve districts or park district
joint recreational programs, is permitted to (i) combine moneys from more
than one fund of a single forest preserve district, risk management
association or self-insurance pool for the purpose of investing such
moneys, (ii) enter into agreements of any definite or indefinite term
regarding the deposit, redeposit, investment, reinvestment or withdrawal of
forest preserve district, risk management association or self-insurance
pool funds and (iii) join with any custodians or treasurers of forest
preserve district, park district, Chicago Park District, park district
joint recreational program, risk management association or self-insurance
pool funds for the purpose of investing any forest preserve district, risk
management association or self-insurance pool funds in his custody. When
funds are combined for investment purposes as authorized herein, the moneys
combined for such purposes shall be accounted for separately in all
respects, and the earnings from such investments shall be separately and
individually computed and recorded, and credited to the fund, district,
park district joint recreational program, risk management association,
self-insurance pool or other entity, as the case may be, for which the
investment was acquired. The grant of authority contained in this Section
is cumulative and in addition to all other power or authority granted by any
other law and shall not be construed as a limitation of any power or
authority otherwise granted.
(Source: P.A. 85-460.)
(70 ILCS 805/9) (from Ch. 96 1/2, par. 6318)
Sec. 9.
Whenever the county in which any such forest preserve district is
located shall be governed by any law regulating its civil service and the
method of selecting its employees, in every such case all employees of such
forest preserve district except the treasurer and attorneys shall be
selected in the manner provided by the law regulating the civil service in
such county and all such employees shall be subject at all times to the
provisions of such act.
(Source: Laws 1913, p. 385.)
(70 ILCS 805/10) (from Ch. 96 1/2, par. 6320)
Sec. 10.
The board shall keep a record of all ordinances and other
proceedings which shall be open to the inspection of any person residing in
such district at all reasonable and proper times. The board shall report
annually to the county board
of the county in which such district is located, the revenues received,
expenditures made, land acquired, with the progress of construction work,
the condition of the property and such other matters as may have been acted
upon by the board during the previous year.
(Source: P.A. 86-1028.)
(70 ILCS 805/11) (from Ch. 96 1/2, par. 6321)
Sec. 11.
All ordinances imposing any fine or penalty or making any
appropriation of money shall, within 10 days after their passage, be
published either in book or pamphlet form by authority of the board or
published at least once in some newspaper published in the
district or having a general circulation therein to be designated by the
board, and no ordinance imposing any fine or penalty shall take effect
until
10 days after it is so published. All other ordinances and all orders or
resolutions shall take effect from and after their passage unless otherwise
provided therein. All ordinances, orders and resolutions and the date of
publication thereof may be proven by the certificate of the secretary of
the district under the seal of the corporation and when printed in book or
pamphlet form and published by authority of the board, the book or pamphlet
shall be received as evidence of the passage and publication of the
ordinances, orders and resolutions as of the date mentioned in the
book or pamphlet in all courts and places without further proof.
(Source: P.A. 87-554; 88-34.)
(70 ILCS 805/12) (from Ch. 96 1/2, par. 6322)
Sec. 12.
The president of the board of any district organized hereunder,
shall preside at all meetings of the board, be the executive
officer of
the district, and be a member of the board. He shall sign all
ordinances, resolutions and other papers
necessary to be signed and shall execute all contracts entered into by the
district and perform other duties as may be prescribed by ordinance. He may
veto any ordinance and any orders, resolutions and actions, or any items
therein contained, of the board which provide for the purchase of real
estate, or for the construction of improvements within the preserves of the
district. Such veto shall be filed with the secretary of the board within 5
days after the passage of the ordinance, order, resolution or action and
when so vetoed the ordinance, order, resolution or action or any item
therein contained is not effective unless it is again passed by two-thirds
vote of all the members of the board. The president may vote in the same
manner as the other members of the board. In the temporary absence or
inability of the president, the members of the board may elect from their
own number a president, pro tem.
The “Yeas” and “Nays” shall be taken, and entered on the journal of the
board’s proceedings, upon the passage of all ordinances and all proposals
to create any liability, or for the expenditure or appropriation of money.
The concurrence of a majority of all the members elected or appointed to
the board is necessary to the passage of any such ordinance or proposal. In
all other cases the “Yeas” and “Nays” shall be taken at the request of any
member of the board and shall be entered on the journal of the board’s
proceedings.
(Source: P.A. 91-933, eff. 12-30-00.)
(70 ILCS 805/13) (from Ch. 96 1/2, par. 6323)
Sec. 13. Bonds; limitation on indebtedness.
The board of any forest preserve district organized
hereunder may, for any of the purposes enumerated in this Act, borrow
money upon the faith and credit of such district, and may issue bonds
therefor. However, a district with a population of less than 3,000,000
may not become indebted in any manner or for any purpose to an amount
including existing indebtedness in the aggregate exceeding 2.3% of the
assessed value of the taxable property therein, as ascertained by the
last equalized assessment for State and county purposes. No district, except for the Byron Forest Preserve District,
may incur (i) indebtedness
in excess of .3% of the assessed value of taxable property in the district,
as ascertained by the last equalized assessment for State and county purposes,
for the development of forest preserve lands held by the district, or (ii)
indebtedness for any other purpose except the acquisition of land
including acquiring lands in fee simple along or enclosing water
courses, drainage ways, lakes, ponds, planned impoundments or elsewhere
which are required to store flood waters or control other drainage and
water conditions necessary for the preservation and management of the
water resources of the District, unless the proposition to issue bonds
or otherwise incur indebtedness is certified by the board to the proper
election officials who shall submit the proposition at an election in accordance
with the general election law, and approved by a majority of those voting upon the
proposition. No district containing fewer than 3,000,000 inhabitants may
incur indebtedness for the acquisition of land or lands for any purpose
in excess of 55,000 acres, including all lands theretofore acquired,
unless the proposition to issue bonds or otherwise incur indebtedness is
first submitted to the voters of the district at a referendum in accordance
with the general election law and approved by a
majority of those voting upon the proposition. Before or at the time of
issuing bonds, the board shall provide by ordinance for the collection
of an annual tax sufficient to pay the interest on the bonds as it falls
due, and to pay the bonds as they mature. All bonds issued by any forest
preserve district must be divided into series, the first of which
matures not later than 5 years after the date of issue and the last of
which matures not later than 25 years after the date of issue, or for bonds issued prior to January 1, 2011, commonly known as “Build America Bonds” as authorized by Section 54AA of the Internal Revenue Code of 1986, as amended, and for bonds issued from time to time to refund “Build America Bonds”, not later than 25 years after the date of issue.
Notwithstanding any contrary provision in this Section, the Byron Forest Preserve District may not incur (i) indebtedness
in excess of .6% of the assessed value of taxable property in the district,
as ascertained by the last equalized assessment for State and county purposes,
for the development of forest preserve lands held by the district, or (ii)
indebtedness for any other purpose except the acquisition of land
including acquiring lands in fee simple along or enclosing water
courses, drainage ways, lakes, ponds, planned impoundments or elsewhere
which are required to store flood waters or control other drainage and
water conditions necessary for the preservation and management of the
water resources of the District, unless the proposition to issue bonds
or otherwise incur indebtedness is certified by the board to the proper
election officials who shall submit the proposition at an election in accordance
with the general election law, and approved by a majority of those voting upon the
proposition.
For a bond proposition put forward by a district organized under this Act, the ballot must have printed on it, but not as part of the proposition submitted, the following language:
- The approximate impact of the proposed increase on the owner of a single-family home having a market value of (insert value) would be (insert amount) in the first year of the increase if the increase is fully implemented.
This Section does not apply to a forest preserve district created under Section 18.5 of the Conservation District Act.
(Source: P.A. 97-364, eff. 8-15-11; 98-835, eff. 1-1-15.)
(70 ILCS 805/13.1) (from Ch. 96 1/2, par. 6324)
Sec. 13.1. Tax levies.
After the first Monday in October and by the first Monday in
December in each year, the board shall levy the general taxes for the
district by general categories for the next fiscal year. A certified copy
of the levy ordinance
shall be filed with the county clerk by the last Tuesday in December
each year.
In forest preserve districts with a population of less than
3,000,000, the amount of taxes levied for general corporate purposes for a
fiscal year may not exceed the rate of .06% of the value, as equalized or
assessed by the Department of Revenue, of the taxable property therein. In
addition, in forest preserve districts having a population of 100,000 or
more but less than 3,000,000, the board may levy taxes for constructing,
restoring reconditioning, reconstructing and acquiring improvements and for
the development of the forests and lands of such district, the amount of
which tax each fiscal year shall be extended at a rate not to exceed .025%
of the assessed value of all taxable property as equalized by the
Department of Revenue.
All such taxes and rates are exclusive of the taxes required for the
payment of the principal of and interest on bonds, and exclusive of
taxes levied for employees’ annuity and benefit purposes.
The rate of tax levied for general corporate purposes in a forest
preserve district may not be increased by virtue of this amendatory Act of
1977 unless the board first adopts a resolution authorizing such increase
and publishes notice thereof in a newspaper having general circulation in
the district at least once not less than 45 days prior to the effective
date of the increase. The notice shall include a statement of (1) the
specific number of voters required to sign a petition requesting that the
question of the adoption of the resolution be submitted to the electors of
the district; (2) the time in which the petition must be filed; and (3) the
date of the prospective referendum. The Secretary of the district shall
provide a petition form to any individual requesting one. If, no later than
30 days after the publication of such notice, petitions signed by voters
of the district equal to 10% or more of the registered voters of the district,
as determined by reference to the number of voters registered at the next
preceding general election, and residing in the district are presented to
the board expressing opposition to the increase, the proposition must first
be certified by the board to the proper election officials, who shall
submit the proposition to the legal voters of the district at an election
in accordance with the general election law and approved by a majority of
those voting on the proposition.
The rate of the tax levied for general corporate purposes in a forest
preserve district may be increased, up to the maximum rate
identified in this Section, by the Board by a resolution calling for the
submission of the question of increasing the rate to the voters of the
district in accordance with the general election law. The question must be in
substantially the
following form:
- “Shall (name of district) be authorized to establish its general corporate tax rate at (insert rate) on the equalized assessed value on taxable property located within the district for its general purposes, including education, outdoor recreation, maintenance, operations, public safety at the forest preserves, trails, and other properties of the district (and, optionally, insert any other lawful purposes or programs determined by the Board).
The ballot must have printed on it, but not as part of the proposition
submitted, the
following: “The approximate impact of the proposed increase on
the owner of a single-family home having a market value of (insert value) would
be (insert amount) in the first year of the increase if the
increase is fully implemented.” The ballot may have printed on it, but not as
part of the proposition, one or both of the following: “The last
tax rate extended for the purposes of the district was (insert rate). The
last
rate increase approved for the purposes of the district was in
(insert year).” No other information needs to be included on the ballot.
The votes must be recorded as “Yes” or “No”.
If a majority of the electors voting on the question vote in the affirmative,
the district may thereafter levy the tax.
This Section does not apply to a forest preserve district established under Section 18.5 of the Conservation District Act.
(Source: P.A. 94-617, eff. 8-18-05.)
(70 ILCS 805/13.1a)
Sec. 13.1a. Forest preserve districts created under Conservation District Act. Notwithstanding any other provision of law to the contrary, a forest preserve district created under Section 18.5 of the Conservation District Act shall have the same powers, duties, and authority as a forest preserve district created under this Act, except that it shall have the same bonding and taxing authority as a conservation district under the Conservation District Act.
(Source: P.A. 94-617, eff. 8-18-05.)
(70 ILCS 805/13.2) (from Ch. 96 1/2, par. 6325)
Sec. 13.2.
Any appropriation or levy made for the purpose of
constructing, restoring, reconditioning, reconstructing or acquiring
improvements in the development of forests and lands of the district need
not be expended during the fiscal year in which such appropriation or levy
is made. No such appropriation lapses nor may the moneys levied, collected
or received for that purpose become part of the general funds of the
district for a period of 5 years thereafter and such money may not be
considered an asset available for appropriation in a subsequent fiscal year
but it shall be retained and held as a separate fund for 5 years to be
expended within that time for the purpose for which appropriated and
levied, thereafter to become a general asset available for appropriation
for corporate purposes. It is not a defense or objection to any
appropriation or levy in a subsequent fiscal year for the same purposes
that there remain uncommenced or uncompleted projects or unexpended moneys
arising in an appropriation or levy of a prior year, for purposes of this
Section unless the period of 5 years subsequent to the fiscal year in which
the appropriation has been made has elapsed. The limitations upon tax rates
imposed by Section 13.1 are not subject to Sections 162a and 162b of the
General Revenue Law of Illinois.
All moneys collected under this Act shall be paid to the treasurer of
such district.
(Source: P.A. 84-1332.)
(70 ILCS 805/13.3) (from Ch. 96 1/2, par. 6326)
Sec. 13.3.
(a) The board of each forest preserve district organized
under this Act shall fix a fiscal year for the district. The board shall,
within or before the first quarter of each fiscal year, adopt an annual
appropriation ordinance appropriating such sums of money as may be required
to defray all necessary expenses and liabilities of the district to be paid
or incurred during the fiscal year.
(b) The failure of the board to adopt an annual appropriation ordinance
or to otherwise comply with the provisions of this Section shall not affect
the validity of any tax levy of the forest preserve district. The annual
appropriation ordinance for any fiscal year need not be intended or
required to be in support of or in relation to any tax levy made during that fiscal year.
(c) Nothing in this Act shall be construed as requiring any forest
preserve district to change or as preventing any forest preserve district
from changing from a cash basis of financing to a surplus or deficit basis
of financing, or as requiring any forest preserve district to change or as
preventing any forest preserve district from changing its system of accounting.
(d) Any forest preserve district that determines to change its fiscal
year may adopt an annual appropriation ordinance for a transition period of
more or less than 12 months as may be necessary to effect such change, and
appropriations made for such transition period shall terminate with the
close of such period.
(Source: P.A. 85-1165.)
(70 ILCS 805/13.4) (from Ch. 96 1/2, par. 6327)
Sec. 13.4.
After the adoption of the annual appropriation ordinance,
no further appropriations may be made at any other time during that
fiscal year, except as provided in this Act, provided that the board of
each district may amend such appropriation ordinance from time to time by
the same procedure required by this Act for the original adoption of the
appropriation ordinance. By a two-thirds vote of all the members
constituting the board, the board may make appropriations in
excess of those authorized by the appropriation ordinance in order to meet
an immediate emergency.
(Source: P.A. 87-554; 87-621.)
(70 ILCS 805/13.5) (from Ch. 96 1/2, par. 6328)
Sec. 13.5.
(a) With respect to monies appropriated in the annual
appropriation ordinance which are generated from the levy of real estate
taxes or the charge not to exceed $.70 that a forest preserve district is
authorized to impose under Section 18.6a of this Act for the purpose of
establishing and maintaining Landfill Expense Funds for landfills operated
by the district, the Board of Commissioners may, upon a two-thirds vote
of all the members constituting the board, make transfers from one
appropriation in a fund to another appropriation within the same fund, not
affecting the total amount appropriated. Nothing in this subsection shall
prohibit or limit the transfer of interest earned on the Landfill Expense
Funds as provided for in Section 18.6b of this Act.
(b) With respect to monies appropriated in the annual appropriation
ordinance that are not generated from real estate taxes or the charge not
to exceed $.70 authorized by Section 18.6a of this Act, the Board of
Commissioners may, upon a two-thirds vote of all the members constituting
the board, make transfers from one appropriation in a fund to another
appropriation within the same fund or to an appropriation within a
different fund, not affecting the total amount appropriated.
(Source: P.A. 87-554; 87-621; 87-895.)
(70 ILCS 805/13.6) (from Ch. 96 1/2, par. 6328.1)
Sec. 13.6.
Purchases made pursuant to this Act shall be made in
compliance with the “Local Government Prompt Payment Act”, approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 805/13.7)
Sec. 13.7.
Endowment Fund.
Each forest preserve district may create,
maintain, and increase a separate fund to be known as the “Endowment Fund” to
pay all costs and expenses incurred or anticipated by the forest preserve
district for the long-term maintenance and improvement of forest preserve
facilities and lands, and for the future purchase of real property. Only one
“Endowment Fund” may be created by a forest preserve district, but the fund may
provide for the collection, maintenance, investment, and expenditure of monies
for more than one purpose. All revenues deposited in the Endowment Fund shall
be designated by purpose and appropriated and expended for the purpose for
which it was designated. No appropriation in the Endowment Fund shall lapse,
and the monies received and designated for a specific purpose shall not become
part of the general funds of the district or considered an asset available for
appropriation for another purpose in a subsequent year unless the purpose for
which the monies were originally appropriated has been completed. Revenues
deposited in the Endowment Fund must come from private sources,
whether received
before, on, or after the effective date of this amendatory Act of 1995.
No revenues shall come
from any Federal, State, or local government
source, except for those
received as a result of agreements obligating the district to the long-term
maintenance of improvements constructed on district lands.
The Fund shall be audited
annually by a licensed certified public accountant.
(Source: P.A. 89-119, eff. 7-7-95.)
(70 ILCS 805/13.8)
Sec. 13.8. In the preparation of the annual appropriation ordinance, an amount not to exceed 0.02% of the equalized assessed value of property subject to taxation by the district may be accumulated in a separate fund for the purpose of specific capital improvements, repairs, or replacements of district equipment or other tangible property. The Fund shall be designated as the “Capital Improvement, Repair, or Replacement Fund”. Expenditures from the Capital Improvement, Repair, or Replacement Fund shall be appropriated for the fiscal year in which the capital improvement, repair, or replacement will occur. If any surplus moneys remain in the Fund after the completion or abandonment of any object for which moneys from the Capital Improvement, Repair, or Replacement Fund were used, then any funds no longer necessary for capital improvement, repair, or replacement shall be transferred into the general corporate fund of the district on the first day of the fiscal year following the abandonment or completion of the object or the discovery of the surplus funds.
(Source: P.A. 95-218, eff. 8-16-07.)
(70 ILCS 805/14) (from Ch. 96 1/2, par. 6330)
Sec. 14.
Any territory adjoining any forest preserve district
organized hereunder and situated in the same county as such district may
become a part of such district in the following manner: Upon the filing
with the circuit court of the county in which such district is located,
of a petition signed by not less than 10% of the legal voters residing
within the territory proposed to be annexed, the clerk of the
circuit court shall certify the question of such annexation,
to the proper election officials who shall submit the question to the
voters of the territory proposed to be annexed in accordance with the general
election law. If a majority of the
votes cast upon such question shall be in favor of such annexation, such territory so
proposed to be annexed shall become and be a part of such forest
preserve district.
(Source: P.A. 81-1489.)
(70 ILCS 805/14.1) (from Ch. 96 1/2, par. 6330.1)
Sec. 14.1.
(a) Territory included within the limits of any forest preserve
district and exactly coterminous with the
boundaries of any county with a population of 125,000 or less or any
municipality or township within a county with a population of 125,000 or
less may be
disconnected from the district
in the manner set forth in this Section.
(b) Territory disconnected pursuant to this Section shall remain liable
for its proportionate share of the bonded indebtedness outstanding as of
the date of disconnection, if any, of the district from which it was disconnected.
(c) Five per cent or more of the legal voters residing within the limits
of the territory proposed to be disconnected may file a petition, in the
court of the county where the territory which seeks to be disconnected
is located, setting forth the description of the territory sought to be
disconnected
and the amount of
any outstanding bonded indebtedness against
the district in which the territory is then situated which has been incurred
pursuant to this Act. The petition shall also include a prayer that the
question whether the disconnection
shall be made
be submitted to the voters of the territory sought to be disconnected.
(d) Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the date of filing.
The court, or the circuit clerk or sheriff upon order of the court, shall
give 2 weeks notice of such hearing in one or more daily or weekly newspapers
of general circulation in the county or in each county wherein the district
from which the territory sought to be disconnected is organized, and post
at least 10 copies of the notice in conspicuous places in the district from
which the territory is sought to be disconnected.
(e) All property owners in the district from which the disconnection is sought,
and all interested persons, may file objections and may appear at
the hearing and contest the disconnection and the matters averred in the petition.
Both objectors and petitioners may offer any competent evidence in regard
to the disconnection petition.
(f) If, upon hearing the petition, the court finds that the petition
meets the conditions set forth in this Section, it shall
certify to the proper election officials the question of whether the territory
shall be disconnected, and the election officials shall submit that question at an
election in the territory in accordance with the general election law.
The proposition shall be in substantially the following form:
————————————————————–
Shall the territory coterminous
with ………. (county, YES
municipality or township) —————————
be disconnected from the …….. NO
Forest Preserve District?
————————————————————–
If a majority of the votes cast upon the question of making the disconnection
are in favor of the disconnection, the territory shall then cease
to be a part of the forest preserve district to which it has
been attached.
In each case in which a disconnection is effected pursuant to the provisions
of this Section, the circuit clerk in whose court the disconnection proceedings
have been conducted shall certify copies of all orders entered in effecting
such disconnection and file
or send them to the proper circuit clerk or clerks for filing.
(g) If a majority of the votes cast upon the question of making the
disconnection shall be against the disconnection, the proposition shall not
be submitted to a vote in the same territory for a period of 23 months.
(Source: P.A. 86-302; 86-1023.)
(70 ILCS 805/18.1) (from Ch. 96 1/2, par. 6335)
Sec. 18.1.
Any forest preserve district in a county with a population of
less than 3,000,000, has the power from time to time, before, on, or after
the effective date of this amendatory Act of 1996, to construct,
equip, acquire, extend, improve, restore, maintain, and operate
recreational and
cultural facilities, including but not limited to natatoriums, swimming pools,
ice skating rinks, tennis courts, golf courses, toboggan slides, ski
areas, museums, historic buildings, botanical gardens, cultural and
environmental
education centers,
or any combination thereof, and all necessary related facilities,
such as but not limited to gift shops, cafeterias, snack bars, restaurants,
or any combination thereof, to borrow money therefor, and as evidence
thereof, to issue and sell
bonds. Such bonds shall be payable solely from the revenue derived from
the operation of such facility or facilities constructed, equipped,
acquired, extended, or improved in whole or in part with the proceeds of
such bonds issued for the construction, equipping, acquisition,
extension or improvement of such facility or facilities and shall be
secured by a pledge of the revenues as herein provided of such facility
or facilities or any combination thereof so constructed, equipped,
acquired, extended or improved.
Such bonds may be issued in such amounts as may be necessary to
provide sufficient funds to pay all the cost of the construction,
equipping, acquisition, extension or improvement of such facility or
facilities or any combination thereof, including the cost of acquisition
of any land, as well as the engineering, legal, fiscal and other
expenses, together with interest on the bonds to a date 12 months
subsequent to the estimated date of completion. All bonds issued
hereunder shall have all qualities of negotiable instruments under the
laws of this State.
(Source: P.A. 89-492, eff. 6-21-96.)
(70 ILCS 805/18.2) (from Ch. 96 1/2, par. 6336)
Sec. 18.2.
Whenever the board of commissioners of any such forest preserve
district determines to construct, equip, acquire, extend or improve any
such facility or facilities or any combination thereof and to issue bonds
pursuant to Sections 18.1 through 18.10 of this Act to pay the cost or
purchase price thereof, such board shall adopt an ordinance describing in a
general way the contemplated facility or facilities and setting forth the
estimated cost or purchase price. Any such ordinance shall be published
within 10 days after passage at least once in a newspaper published in such
district and having a general circulation therein to be designated by such
board, and no such ordinance shall take effect until 10 days after it is so
published. It shall not be necessary that the ordinance refer to plans and
specifications nor that there be on file for public inspection prior to
adoption of such ordinance detailed plans and specifications of such
contemplated facility or facilities or any combination thereof. Such board
may provide that the ordinance authorizing the issuance of any such bonds
shall be effective, operative and valid without the submission thereof to
the voters of such district for approval, notwithstanding the provisions of
Section 13 of this Act.
Any such ordinance shall prescribe the method of defraying the cost of
the contemplated facility or facilities and fix the amount of the revenue
bonds proposed to be issued, the interest rate and the maturities thereof.
Such bonds shall be in such form and be executed in such manner, be payable
in such medium of payment at such place or places, be subject to such terms
of redemption, prior to maturity, with or without premium, and may be made
registrable as to principal, all as such ordinance may provide. The
ordinance shall also pledge the revenue derived from the operation of such
facility or facilities, or any combination thereof, constructed, equipped,
acquired, extended or improved in whole or in part with the proceeds of
such bonds for the purpose of paying maintenance and operation costs and
paying the principal and interest of such bonds so issued for the facility
or facilities. The ordinance may contain such covenants which shall be a
part of the contract between the district and the holders of such bonds
with respect to creating accounts and the application of the flow of funds
through such accounts, and the restrictions upon the issuance of additional
revenue bonds thereafter, all as such board may deem necessary or advisable
for the assurance of the payment of the bonds thereby authorized.
Such bonds shall be executed by the president and by the secretary or
treasurer of the board of such forest preserve district. The president of
such board may execute such bonds by his facsimile signature which may be
imprinted, engraved or otherwise reproduced on such bonds and on the
interest coupons attached thereto. Any bonds bearing the signature or
facsimile of an officer in office at the date of signing thereof are valid
and binding for all purposes, notwithstanding that before delivery thereof,
such person whose signature or facsimile appears thereon has ceased to hold
such office.
(Source: Laws 1968, p. 228.)
(70 ILCS 805/18.3) (from Ch. 96 1/2, par. 6337)
Sec. 18.3.
The bonds shall bear interest at a rate not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, for bonds issued before January
1, 1972 and not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, for bonds issued after January
1, 1972, payable annually or
semi-annually and shall mature within the period of usefulness of the
project as determined by such board, but in no event, exceeding 40 years.
Each such bond shall be sold in such manner and upon such terms as such
board shall determine. If any such bond is issued to bear interest at the
maximum rate authorized by the Bond Authorization Act, as amended,
at the time of the making of the contract, for bonds issued before January
1, 1972 and not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended,
at the time of the making of the contract, for bonds
issued after January 1, 1972, it shall be
sold for not less than par and accrued interest. If it is issued to bear
interest at a rate of less than the maximum rate authorized
by the Bond Authorization Act, as amended, at the time of the making of
the contract, for bonds issued before
January 1, 1972 and not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended, at the time of the
making of the contract, for bonds issued after
January 1, 1972, the minimum price at which it may be sold shall be such
that the interest cost to the forest preserve district of the proceeds of
the bond shall not exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, for bonds issued
before January 1,
1972 or the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, for bonds
issued after January 1, 1972, computed to
maturity, according to the standard table of bond values.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(70 ILCS 805/18.4) (from Ch. 96 1/2, par. 6338)
Sec. 18.4.
Bonds issued pursuant to Sections 18.1 through 18.10 of this
Act shall be payable solely from the revenues derived from the operation
of the recreational facility or facilities or any combination thereof
constructed, equipped, acquired, extended or improved in whole or in part
with the proceeds of such bonds so issued for the facility or facilities
and shall not in any event constitute an indebtedness of such forest
preserve district within the meaning of any constitutional or statutory
limitation. It shall be stated on the face of each such bond that the bond
has been issued pursuant to Sections 18.1 through 18.10 of this Act, that
it is payable solely from the revenues derived from the operation of such
facility or facilities or any combination thereof constructed, equipped,
acquired, extended or improved in whole or in part with the proceeds of
such bonds so issued for the facility or facilities and that it does not
constitute an indebtedness of such forest preserve district within any
constitutional or statutory limitation.
(Source: Laws 1968, p. 228.)
(70 ILCS 805/18.5) (from Ch. 96 1/2, par. 6339)
Sec. 18.5.
All revenue derived from the operation of such facility or
facilities constructed, equipped, acquired, extended or improved in whole
or in part with the proceeds of any bonds issued under Sections 18.1
through 18.10 of this Act for the construction, equipping, acquisition,
extension, or improvement of such facility or facilities shall be deposited
in a separate fund. Each fund shall be used only for paying the cost of
operation and maintenance of the recreational facility or facilities or any
combination thereof constructed, equipped, acquired, extended or improved
in whole or in part with the proceeds of such bonds so issued for such
facility or facilities, and for paying the principal of and interest on the
bonds so issued and creating the accounts provided for by the ordinance
authorizing their issuance.
Such forest preserve district shall install and maintain a proper system
of account for each fund, showing the amount received and disbursed from
the operation of such facility or facilities. At least once each year, such
district shall have such accounts for bonds properly audited, and the
report of this audit shall be open to the public for inspection at all
times.
(Source: Laws 1968, p. 228.)
(70 ILCS 805/18.6) (from Ch. 96 1/2, par. 6340)
Sec. 18.6.
Each forest preserve district which issues bonds and constructs,
equips, acquires, extends or improves any recreational facility or
facilities under Sections 18.1 through 18.10 of this Act shall charge for
the use thereof at a rate which at all times is deemed sufficient to
provide for depreciation and to pay maintenance and operation costs and the
principal and interest on such bonds. Such forest preserve district may
provide for the construction, equipping, acquisition, improvement, and
extension and may make, enact, and enforce all rules and regulations for
the management, maintenance, care, protection and use of such facility or
facilities. Charges or rates for the use of any such facility shall be
established, revised, and maintained from time to time and shall be payable
under the supervision of such board.
(Source: Laws 1962, p. 228.)
(70 ILCS 805/18.6a) (from Ch. 96 1/2, par. 6340a)
Sec. 18.6a.
Each forest preserve district which has on its property a
sanitary landfill or pollution control facility may create,
maintain and increase a separate fund to be known as the “Landfill Expense
Fund” for the purpose of paying all costs and expenses incurred by said
forest preserve district for or as a result of that sanitary landfill or pollution control facility either during its operation or after
its closure, including but not limited to the cost of maintenance,
monitoring, sampling or testing of groundwater or landfill gas, fencing,
erosion control, improvements, restoration, filling,
covering, revegetation, seeding, regrading, compacting, excavating or
removal of materials, remedial action, response, the collection, treatment
or disposal of leachate and landfill gas, preventive and corrective actions
necessary or appropriate in circumstances which will or may cause an
immediate or long-term danger to the environment or the public health or
which will or may prevent or delay public usage of the property, and
payment of damages or settlements awarded or made as a result of the
operation of the sanitary landfill or pollution control facility,
either during its operation or after its closure. This fund may be
maintained for a period not to exceed 40 years from the date of closure of
the facility and may be invested as provided in this Act and interest
accumulated thereon.
In order to accumulate monies for this fund, each
forest preserve district having such a fund may, in addition to other
charges imposed for the deposit of material at the sanitary landfill or pollution control facility by the owner or operator of the
landfill, also impose a charge upon the operator or users of a landfill
or facility in existence on or before July 1, 1988 sufficient to
provide a fund which will pay for the costs set forth herein; however,
such charge shall not exceed 70¢ per cubic yard of solid waste permanently
disposed of at the landfill or facility.
(Source: P.A. 88-681, eff. 12-22-94.)
(70 ILCS 805/18.6b) (from Ch. 96 1/2, par. 6340b)
Sec. 18.6b.
Any forest preserve district may transfer all or a part of
the interest earned on the Landfill Expense Fund to the General Fund of
that forest preserve district commencing 10 years after closure of the
facility or after the amount of $50,000,000 has accumulated in said fund.
Forty years after closure of the facility the Landfill Expense Fund shall
be abolished, and the balance therein transferred to the General Fund of
that forest preserve district.
(Source: P.A. 84-1370.)
(70 ILCS 805/18.6c) (from Ch. 96 1/2, par. 6340c)
Sec. 18.6c.
Landfills.
(a) No land that is owned or acquired by a forest preserve district may
be used for the development or operation of any new pollution control facility,
as that term is defined in Section 3.330 of the Environmental
Protection Act.
(b) A forest preserve district may not transfer any land or interest in
land owned or acquired by the district to any other entity which the
district has reason to know intends to construct, expand or operate thereon
any sanitary landfill or regulated waste treatment, disposal or storage
facility or develop or operate thereon any new pollution control facility, as
that term is defined in Section 3.330 of the Environmental
Protection Act.
A forest preserve district that wishes to transfer any land or interest
in land owned or acquired by the district to any other entity must impose,
as a condition of the transfer, a covenant prohibiting the development
thereon or operation of any new pollution control facility, as that term is
defined in Section 3.330 of the Environmental Protection Act.
(Source: P.A. 92-574, eff. 6-26-02.)
(70 ILCS 805/18.6d)
Sec. 18.6d.
All real property owned by a forest preserve district that has
located upon it an operating sanitary landfill, pollution control facility, or
new pollution control facility shall be exempt from real estate taxation under
Section 15-150 of the Property Tax Code. In addition, the operation or
ownership of any sanitary landfill, pollution control facility, or
new pollution control facility that is located on land owned by a
forest preserve district shall not be subject, directly or indirectly, to any
leasehold taxes under Section 9-195 of the Property Tax Code.
(Source: P.A. 88-503; 88-669, eff. 11-29-94; 88-670, 12-2-94; 88-681, eff.
12-22-94; 89-235, eff. 8-4-95.)
(70 ILCS 805/18.7) (from Ch. 96 1/2, par. 6341)
Sec. 18.7.
The holder of any bond or coupon of any bond issued under
Sections 18.1 through 18.10 of this Act may proceed by civil action or
proceeding to compel performance of all duties required by Sections 18.1
through 18.10 of this Act respecting the facility or facilities for which
such bond or coupon was issued. This shall include the duties of
establishing and collecting sufficient rates or charges for the use of the
recreational facilities constructed, equipped, acquired, extended or
improved in whole or in part with the proceeds of such bond so held and
issued for the purposes herein specified, and the application of the
revenue thereof as provided in Sections 18.1 through 18.10 of this Act.
(Source: P.A. 83-345.)
(70 ILCS 805/18.8) (from Ch. 96 1/2, par. 6342)
Sec. 18.8.
Any such forest preserve district has the power to acquire by
purchase, gift, condemnation or otherwise, property necessary or
appropriate for the purpose of exercising the powers granted by Sections
18.1 through 18.10 of this Act. Any land so acquired under such sections
shall not be included as a part of the total acreage of such forest
preserve district for the purpose of determining the number of acres of
land for which indebtedness can be incurred for the acquisition of land
without first submitting the matter to the voters of such district as
provided in Section 13 of this Act.
(Source: Laws 1968, p. 228)
(70 ILCS 805/18.9) (from Ch. 96 1/2, par. 6343)
Sec. 18.9.
Nothing in Sections 18.1 through 18.10 of this Act shall
prohibit any such forest preserve district from appropriating funds as
otherwise provided in this Act for the construction, equipping,
acquisition, extension, improvement, operation or maintenance of any
recreational facilities.
(Source: Laws 1968, p. 228.)
(70 ILCS 805/18.10) (from Ch. 96 1/2, par. 6344)
Sec. 18.10.
If any provision of Sections 18.1 through 18.10 of this Act or
the application thereof is held invalid, such invalidity shall not affect
other provisions or applications of such sections of this Act which can be
given effect without the invalid application or provision, and to this end,
such provisions of this Act are declared to be severable.
(Source: Laws 1968, p. 228.)
(70 ILCS 805/19) (from Ch. 96 1/2, par. 6345)
Sec. 19.
Any member of the board of a district to which this Act applies or any
other person holding any other office, trust or employment under such a
district who shall wilfully violate any of the provisions of this Act shall
be guilty of a business offense and shall be fined not to exceed $10,000
and shall forfeit his right to his office, trust or employment and shall be
removed therefrom. Any such member or other person shall be liable for any
sum that may be unlawfully diverted from such working cash fund or
otherwise used to be recovered by such district or by any taxpayer in the
name of and for the benefit of such district, in an appropriate civil action.
Such taxpayer shall give bond for costs and be liable for all costs
assessed against the district in such suit, and judgment shall be rendered
accordingly. Nothing herein shall bar any other remedies.
(Source: P.A. 79-1362.)
(70 ILCS 805/20) (from Ch. 96 1/2, par. 6346)
Sec. 20.
The board of commissioners of any forest preserve district
whose boundaries encompass 2 or more municipalities may elect to be
governed by all rules and regulations governing the construction and
alteration of all buildings and structures and parts and appurtenances
thereof as adopted by the county board of the county in which the district
is located. The election to be governed by all such rules and regulations
shall be made by adopting an ordinance to that effect. Within 30 days of
adoption of said ordinance the
forest preserve district shall notify each affected municipality by
certified copy of said ordinance of its decision to be governed by the
county’s rules and regulations in such matters.
The
effective date of such ordinance shall be 60 days following its passage and
approval by the board of commissioners.
(Source: P.A. 84-1333.)
(70 ILCS 805/22) (from Ch. 96 1/2, par. 6348)
Sec. 22.
Each forest preserve district shall indemnify and protect its
commissioners and employees against civil rights damage claims and suits,
constitutional rights damage claims and suits, death and bodily injury
damage claims and suits and property damage claims and suits, including the
cost of defense thereof, when damages are sought for negligent or wrongful
acts alleged to have been committed within the scope of employment, or
under the direction of the board of commissioners. Such indemnification and
protection shall extend to persons who are commissioners or employees of a
forest preserve district at the time of the incident from which a claim arises.
(Source: P.A. 86-1387.)
(70 ILCS 805/23)
Sec. 23.
Transfer of interest income.
Each forest preserve district shall
have the power to transfer the interest
earned from any moneys of the district into the respective fund of the district
that is most in need of the interest income, as determined by the board of
commissioners. This Section does not apply to any interest earned that has
been earmarked or restricted by the board for a designated purpose. This
Section does not apply to any interest earned on any funds for purposes of
the Illinois Municipal Retirement Fund under the Pension Code or tort
immunity under
the Local Governmental and Governmental Employees Tort Immunity Act. Interest
earned on these exempted funds shall be used only for the purposes authorized
for the respective exempted funds from which the interest earnings were
derived.
(Source: P.A. 90-176, eff. 1-1-98.)