2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1205/ - Park District Code. › Article 8 - General Powers Of Park Districts

(70 ILCS 1205/Art. 8 heading)
ARTICLE EIGHT.  
		GENERAL POWERS OF PARK DISTRICTS
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers.
Every park district shall, from the time of its
organization, be a body corporate and politic by the name set forth
in the petition for its organization, the specific name set forth in this Code, or the name it may adopt under
Section 8-9 and shall have and exercise the following powers:
(a) To adopt a corporate seal and alter the same at     pleasure; to sue and be sued; and to contract in furtherance of any of its corporate purposes.
(b)(1) To acquire by gift, legacy, grant or purchase,     or by condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, any and all real estate, or rights therein necessary for building, laying out, extending, adorning and maintaining any such parks, boulevards and driveways, or for effecting any of the powers or purposes granted under this Code as its board may deem proper, whether such lands be located within or without such district; but no park district, except as provided in paragraph (2) of this subsection, shall have any power of condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act or otherwise as to any real estate, lands, riparian rights or estate, or other property situated outside of such district, but shall only have power to acquire the same by gift, legacy, grant or purchase, and such district shall have the same control of and power over lands so acquired without the district as over parks, boulevards and driveways within such district.
(2) In addition to the powers granted in paragraph     (1) of subsection (b), a park district located in more than one county, the majority of its territory located in a county over 450,000 in population and none of its territory located in a county over 1,000,000 in population, shall have condemnation power in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act  or as otherwise granted by law as to any and all real estate situated up to one mile outside of such district which is not within the boundaries of another park district.
(c) To acquire by gift, legacy or purchase any     personal property necessary for its corporate purposes provided that all contracts for supplies, materials or work involving an expenditure in excess of $30,000, or a lower amount if required by board policy, shall be let to the lowest responsible bidder after due advertisement. No district shall be required to accept a bid that does not meet the district's established specifications, terms of delivery, quality, and serviceability requirements.   Contracts which, by their nature, are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part, contracts for the printing of finance committee reports and departmental reports, contracts for the printing or engraving of bonds, tax warrants and other evidences of indebtedness, contracts for utility services such as water, light, heat, telephone or telegraph, contracts for fuel (such as diesel, gasoline, oil, aviation, or propane), lubricants, or other petroleum products, contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, or services, contracts for duplicating machines and supplies, contracts for goods or services procured from another governmental agency, purchases of equipment previously owned by some entity other than the district itself, and contracts for the purchase of magazines, books, periodicals, pamphlets and reports are not subject to competitive bidding.  Contracts for emergency expenditures are also exempt from competitive bidding when the  emergency expenditure is approved by 3/4 of the members of the board.
All competitive bids for contracts involving an     expenditure in excess of $30,000, or a lower amount if required by board policy,  must be sealed by the bidder and must be opened by a member or employee of the park board at a public bid opening at which the contents of the bids must be announced.  Each bidder must receive at least 3 days notice of the time and place of the bid opening.
For purposes of this subsection, "due advertisement"     includes, but is not limited to, at least one public notice at least 10 days before the bid date in a newspaper published in the district or, if no newspaper is published in the district, in a newspaper of general circulation in the area of the district.
(d) To pass all necessary ordinances, rules and     regulations for the proper management and conduct of the business of the board and district and to establish by ordinance all needful rules and regulations for the government and protection of parks, boulevards and driveways and other property under its jurisdiction, and to effect the objects for which such districts are formed.
(e) To prescribe such fines and penalties for the     violation of ordinances as it shall deem proper not exceeding $1,000 for any one offense, which fines and penalties may be recovered by an action in the name of such district in the circuit court for the county in which such violation occurred. The park district may also seek in the action, in addition to or instead of fines and penalties, an order that the offender be required to make restitution for damage resulting from violations, and the court shall grant such relief where appropriate.  The procedure in such actions shall be the same as that provided by law for like actions for the violation of ordinances in cities organized under the general laws of this State, and offenders may be imprisoned for non-payment of fines and costs in the same manner as in such cities. All fines when collected shall be paid into the treasury of such district.
(f) To manage and control all officers and property     of such districts and to provide for joint ownership with one or more cities, villages or incorporated towns of real and personal property used for park purposes by one or more park districts. In case of joint ownership, the terms of the agreement shall be fair, just and equitable to all parties and shall be set forth in a written agreement entered into by the corporate authorities of each participating district, city, village or incorporated town.
(g) To secure grants and loans, or either, from the     United States Government, or any agency or agencies thereof, for financing the acquisition or purchase of any and all real estate, or rights therein, or for effecting any of the powers or purposes granted under this Code as its Board may deem proper.
(h) To establish fees for the use of facilities and     recreational programs of the districts and to derive revenue from non-resident fees from their operations. Fees charged non-residents of such district need not be the same as fees charged to residents of the district. Charging fees or deriving revenue from the facilities and recreational programs shall not affect the right to assert or utilize any defense or immunity, common law or statutory, available to the districts or their employees.
(i) To make contracts for a term exceeding one year,     but not to exceed 3 years, notwithstanding any provision of this Code to the contrary, relating to:  (1) the employment of a park director, superintendent, administrator, engineer, health officer, land planner, finance director, attorney, police chief, or other officer who requires technical training or knowledge; (2) the employment of outside professional consultants such as engineers, doctors, land planners, auditors, attorneys, or other professional consultants who require technical training or knowledge; (3) the provision of data processing equipment and services; and (4) the purchase of energy from a utility or an alternative retail electric supplier.  With respect to any contract made under this subsection (i), the corporate authorities shall include in the annual appropriation ordinance for each fiscal year an appropriation of a sum of money sufficient to pay the amount which, by the terms of the contract, is to become due and payable during that fiscal year.
(j) To enter into licensing or management agreements     with not-for-profit corporations organized under the laws of this State to operate park district facilities if the corporation covenants to use the facilities to provide public park or recreational programs for youth.
(Source: P.A. 101-304, eff. 8-9-19; 102-999, eff. 5-27-22.)
(70 ILCS 1205/8-1.1)
Sec. 8-1.1. Property owned by a park district shall not be subject to annexation by a municipality without the express consent of the board of park commissioners of the district.
(Source: P.A. 94-396, eff. 8-1-05.)
(70 ILCS 1205/8-1.2)
Sec. 8-1.2. Eminent domain. Notwithstanding any other provision of this Code, any power granted under this Code 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 1205/8-2) (from Ch. 105, par. 8-2)
Sec. 8-2. 
		
		An Act entitled "An Act to provide for making improvements and
repairs by any park commissioners upon boulevards, parkways and highways",
approved April 22, 1907, as amended, and, also, "An Act to enable park
commissioners or park authorities to take, regulate, control, improve,
repair and maintain public streets and to provide a method of securing
funds for the improvement, repair, maintenance, regulation and control of
same", approved June 22, 1917, and also, "An Act to enable park
commissioners or park authorities to take, regulate, control and improve
public streets and to pay for the improvement thereof", approved June 21,
1895, shall not be deemed repealed as to districts under this code, but
all the rights, powers and privileges by said acts conferred shall remain
and be vested in and be available to all park districts.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-3) (from Ch. 105, par. 8-3)
Sec. 8-3. 
		
		All park districts shall retain and be vested with all power and
authority contained in an act entitled "An Act concerning Aquariums and
Museums in Public Parks", approved June 17, 1898, as amended.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-4) (from Ch. 105, par. 8-4)
Sec. 8-4. 
		
		All park districts shall retain and be vested with all power and
authority contained in an act entitled "An Act authorizing park
commissioners to acquire or provide sites for armories for the National
Guard and to acquire or establish and to maintain landing fields for
aircraft", approved July 11, 1927.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-5) (from Ch. 105, par. 8-5)
Sec. 8-5. 
		
		All park districts shall retain and be vested with all the powers
granted by an act entitled "An Act in relation to the construction by park
districts of elevated pleasure highways and boulevards and the provision of
means for the payment of the cost thereof", approved June 24, 1929.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-6) (from Ch. 105, par. 8-6)
Sec. 8-6. 
		
		Nothing in this Code shall be deemed to repeal "An Act to
authorize the confinement in houses of correction of persons convicted of
the violation of ordinances of public park commissioners", approved May 25,
1907, but said act shall be available to, and the powers, rights and
duties therein set forth shall apply to all park districts.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-6a)
Sec. 8-6a. 
		
		Park district land outside of boundaries; subject to
ordinances.  Park district land located outside the district's boundaries and
not contiguous for the purpose of annexation shall be subject to all personal
conduct and criminal provisions of the ordinances of the district, and any
police force having jurisdiction within the property may make arrests and
issue citations for violation of those district ordinances as if the land were
within the boundaries of the park district.  The violation shall be prosecuted
and adjudicated as if the violation occurred within park district
boundaries.
(Source: P.A. 89-458, eff. 5-24-96; 89-536, eff. 7-19-96.)
(70 ILCS 1205/8-7) (from Ch. 105, par. 8-7)
Sec. 8-7. 
		
		Any park district shall have power within its jurisdiction to
designate by ordinance the whole or any part of two or more streets, roads,
or, boulevards under the jurisdiction of any city, town or village within
the boundaries of said district, as a public driveway, to be used for
pleasure driving only; and also to lay out, establish, alter, extend, pave
or otherwise improve and maintain the same and designate the same as
pleasure driveways, to be used for pleasure driving only. Such park
districts may, by ordinance, regulate, restrain and control the speed of
travel upon the same, and in all things may regulate, restrain and control
the use of said pleasure driveways and parks by the public or individuals,
and may exclude therefrom funeral processions or anything other than
pleasure vehicles; provided, that any and all roads, streets, boulevards or
parks lying wholly or in part within the corporate limits of any city, town
or village situated within any park district shall first, from and after
the organization of such district, by ordinance of such city, town or
village be turned over and placed under the control of such park district
and accepted, by ordinance, by such district.
Any parks or boulevards within the limits of any park district and also
within any municipality or any parks owned by or under the control of any
municipality which are in or within four miles of the corporate limits of
such municipality may, with the consent of such municipality, on the
organization of said district, be turned over to and placed under the
control thereof. In any such park district any and all lands fronting on a
lake, now belonging to or under the control of any city, town or village in
said park district, with the riparian rights attached thereto, shall be and
are hereby appropriated for such park or parks, or boulevards, as are
authorized to be made and established by this code, with the consent of
the corporate authorities of such municipality.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-8) (from Ch. 105, par. 8-8)
Sec. 8-8. 
		
		Any park district, when so requested by its treasurer, shall
designate one or more banks or savings and loan associations in which
the funds of the
district 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 has qualified by furnishing the statements of resources
and liabilities required by this section. When a new depository is
designated, the district shall notify the sureties of its treasurer of that
fact, in writing, at least 5 days before the transfer of funds. Such
treasurer shall be discharged from responsibility for all such funds and
moneys deposited in a bank or savings and loan association,
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 park district funds, including, without limitation,
each park district treasurer and each person properly designated as the
official custodian for park district or joint recreational program funds,
including, without limitation, each person properly designated as official
custodian of funds for joint recreational programs established pursuant to
the provisions of Sections 8-10b and 8-18 of this Act 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 joint
recreational programs, is permitted to (i) combine moneys from more than
one fund of a single park district, joint recreational program, 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
park district, risk management association, self-insurance pool or joint
recreational program funds and (iii) join with any custodians or treasurers
of park district, Chicago Park District, joint recreational program, risk
management association, self-insurance pool or
forest preserve district funds for the purpose of investing any park
district, risk management association, self-insurance pool or joint
recreational program 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 investment shall be separately and individually computed
and recorded, and credited to the fund, 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 supplemental 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 1205/8-8a)
Sec. 8-8a. 
		Transfer of interest income. 
		Any park district, when requested
by
its
treasurer, may transfer the interest earned on any of the moneys of the
district into the
fund of the district that is most in need of the interest.  This Section does
not apply to any
interest earned that has been earmarked or restricted for a designated purpose.
 This
Section does not apply to any interest earned on any funds for the purposes of
municipal
retirement under the Illinois Pension Code and  tort immunity under the Local
Governmental and Governmental Employees Tort Immunity Act.  Interest earned on
these funds may be used only for the purposes  authorized for the respective
funds from
which the interest earnings were derived.
(Source: P.A. 91-300, eff. 7-29-99.)
(70 ILCS 1205/8-9) (from Ch. 105, par. 8-9)
Sec. 8-9. Name change.
(a) Whenever two-thirds of the governing board of a park district
shall approve an ordinance or resolution to change the name of such park
district, a copy of such ordinance or resolution shall be duly certified by
the president and secretary of such board and filed in the office of the
county clerk of the counties wherein such park district is located. Upon
the filing of the aforesaid ordinance or resolution for change of name in
the office of said county clerk such change of name of such park district
shall be complete.
(b) Whenever a Public Act changes the name of a park district, the secretary of the board of the park district shall, within 30 days after the date upon which the Public Act becomes law, obtain copies of the Public Act that are duly certified by the Secretary of State and file a certified copy of the Public Act in the office of the county clerk of each county in which the park district is located. The change of name of a park district by a Public Act shall be complete upon the Public Act becoming law.
(Source: P.A. 98-772, eff. 7-16-14.)
(70 ILCS 1205/8-10) (from Ch. 105, par. 8-10)
Sec. 8-10. 
		
		All park districts shall have power to plan, establish and
maintain recreational programs, provide musical concerts, to construct,
equip and maintain airports, landing fields for aircraft, armories, field
houses, gymnasiums, assembly rooms, comfort stations, indoor and outdoor
swimming pools, wading pools, bathing beaches, bath houses, locker rooms,
boating basins, boat houses, lagoons, skating rinks, piers, conservatories
for the propagation of flowers, shrubs, and other plants, animal and bird
houses and enclosures, athletic fields with seating stands, golf, tennis,
and other courses, courts, and grounds, and the power to make and enforce
reasonable rules, regulations, and charges therefor. The express
enumeration of each of the foregoing recreational facilities and equipment
which park districts are herein given the power to provide shall not be
construed as a limitation upon said park districts, nor prohibit any park
district from providing any other facilities or equipment which may be
appropriate for park purposes in any park of said district, nor shall the
same in any way be held to limit the power and authority conferred upon
park districts under other sections of this code.
(Source: Laws 1951, p. 113.)
(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)
Sec. 8-10a. 

Every Park District is authorized to establish, maintain and manage
recreational programs for persons with disabilities, including both persons with mental disabilities and persons with physical disabilities, to provide transportation for persons with disabilities to
and from such programs, to provide for such examination of participants in
such programs as may be deemed necessary, to charge fees for participating
in such programs, the fee charged for non-residents of such district need
not be the same as the fees charged the residents of the district, and to
charge fees for transportation furnished to participants.
(Source: P.A. 99-143, eff. 7-27-15.)
(70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)
Sec. 8-10b. Joint recreational programs for persons with disabilities.  Any 2 or more park districts, or in counties with a population of 300,000
or less, a single park district and another unit of local government,
are authorized to take any action
jointly relating to recreational programs for persons with disabilities that could
be taken individually and to enter into agreements with other park districts
and recreation
boards and the corporate authorities of cities, villages and
incorporated towns specified in Sections 11-95-2 and 11-95-3 of the
"Illinois Municipal Code", approved May 29, 1961, as amended, or any
combination thereof, for the purpose of providing for the establishment,
maintenance and management of joint recreational programs for persons with disabilities of all the participating districts and municipal areas,
including provisions for transportation of participants, procedures for
approval of budgets, authorization of expenditures and sharing of
expenses, location of recreational areas in the area of any of the
participating districts and municipalities, acquisition of real estate by
gift, legacy, grant, or purchase, employment of a director and
other professional workers for such program who may be employed by one
participating district, municipality or board which shall be reimbursed
on a mutually agreed basis by the other districts, municipalities and
boards that are parties to the joint agreement, authorization for one
municipality, board or district to supply professional workers for a
joint program conducted in another municipality or district and to
provide other requirements for operation of such joint program as may be
desirable.
(Source: P.A. 99-143, eff. 7-27-15.)
(70 ILCS 1205/8-11) (from Ch. 105, par. 8-11)
Sec. 8-11. 
		
		In addition to the other powers and authority now possessed
by it, every park district shall have the power to grant licenses, easements,
and right of ways to municipalities, corporations or persons for the construction,
operation and maintenance of facilities upon, under or across any property
of such district for water, sewer, telephone, electric, gas or other public
service, subject to such terms and conditions as may be determined by the district.
To all municipalities lying within the limits of any park district is hereby
expressly reserved the right to lay and repair water and sewer pipe under
the surface of any boulevard or park therein in the same manner and to the
same extent it could have been done before the organization of such park
district; provided, said property shall be restored to original condition by
said municipality on completion thereof.
(Source: P.A. 83-526.)
(70 ILCS 1205/8-12) (from Ch. 105, par. 8-12)
Sec. 8-12. 
		
		In addition to other powers and authority now possessed by it,
every park district shall have the power:
(1) To lease from any public building commission created pursuant to the
provisions of the Public Building Commission Act, approved July 5, 1955,
and as amended from time to time, any real or personal property for the
purpose of securing office or other space for its administrative corporate
functions for a period of time not exceeding twenty years;
(2) To pay for the use of this leased property in accordance with the
terms of the lease; and
(3) To enter into such lease without making a previous appropriation for
the expense thereby incurred.
(Source: Laws 1957, p. 1166.)
(70 ILCS 1205/8-13) (from Ch. 105, par. 8-13)
Sec. 8-13. 
In addition to the other powers and authority now possessed by
it, every park district may enter into a lease for a period of not to
exceed 8 years for such equipment and machinery as may be required for
corporate purposes when authorized by the affirmative vote of two-thirds of
the governing board of the park district.
(Source: P.A. 101-249, eff. 8-9-19.)
(70 ILCS 1205/8-13a)
Sec. 8-13a. Agreements related to solar energy. Notwithstanding any other provision of this Code, a park district may enter into a lease, contract, or other agreement related to the acquisition of solar energy, including the installation, maintenance, and service of solar panels, equipment, or similar technology related to solar energy, for a period not to exceed 2.5 times the term of years provided for in Section 8-13 when authorized by the affirmative vote of two-thirds of the governing board of the park district.
(Source: P.A. 103-146, eff. 6-30-23.)
(70 ILCS 1205/8-14) (from Ch. 105, par. 8-14)
Sec. 8-14. 
		
		All Park Districts have the power 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 1205/8-15) (from Ch. 105, par. 8-15)
Sec. 8-15. 
		
		In addition to the other powers and authority now possessed by
it, every park district shall have the power and authority to purchase or
improve or repair any real estate, equipment, machinery and other personal
property for public purposes under contracts providing for payment in
installments.  Any such contract heretofore or hereafter
entered into may be refinanced at any time by means of a refunding loan
agreement.  Each such contract or refunding loan agreement may provide for
installment payments of principal and interest to be made at stated intervals
during a certain period not to exceed 20 years.  Interest paid on the principal
balance outstanding may be at any rate or rates permitted on park district
bonds and may be adjusted on such date or dates as are specified in the
contract or refunding loan agreement, provided that the rate of interest
resulting from the adjustment on such date or dates shall not exceed the
greater of (i) the maximum rate of interest permitted on park district bonds
on the date such contract or refunding loan agreement was made by such park
district; or (ii) the maximum rate of interest permitted on park district
bonds on the interest adjustment date specified in the contract or refunding
loan agreement.  No contract or refunding loan agreement for the same real
estate or personal property may exceed an aggregate of 20 years.
Every park district may, in such contract or refunding loan agreement,
irrevocably contract to issue general obligation bonds or notes from time
to time as permitted by law and to apply the proceeds thereof to the payment
of principal and interest on the contract or refunding loan agreement.
Notwithstanding any change in law subsequent to the making of such irrevocable
contract to issue bonds or notes, every park district making such irrevocable
contract shall be authorized to issue such bonds or notes as though the
laws relating to park district bonds and notes in effect at the time of
the making of such irrevocable contract were in full force and effect until
all of the installments on the contract or refunding loan agreement have
been paid in full.  The State of Illinois pledges and agrees that it will
not limit or alter the rights and powers vested in park districts in this
paragraph of this Section so as to impair the terms of any such irrevocable
contract until each contract and refunding loan agreement is paid in full.
The provisions of this Section shall not, however, be construed in any
manner whatsoever to permit the issuance of bonds or notes without referendum
except as provided in Article 6 of "The Park District Code" at the time
such irrevocable contract is made.
In connection with any contract or refunding loan agreement authorized
by this Section, every park district may issue certificates evidencing the
indebtedness incurred pursuant to such contract or refunding loan agreement
in such number, denomination and form as the park district shall determine.
The indebtedness incurred under this Section when aggregated with existing
principal indebtedness may not exceed the debt limits provided in Section
6-2 of "The Park District Code"; provided, however, that the interest to be
paid on obligations incurred pursuant to this Section shall not be included
in any computation of indebtedness.
(Source: P.A. 86-494.)
(70 ILCS 1205/8-16) (from Ch. 105, par. 8-16)
Sec. 8-16. 
		
		In addition to the other powers and authority now possessed by
it, every park district shall have the power and authority to lease real
estate for a period not to exceed 99 years and to improve the same in such
manner as may be required for corporate purposes by the construction of
capital improvements thereon when so authorized by the affirmative vote of
two-thirds of the governing board of the park district.
(Source: Laws 1967, p. 3558.)
(70 ILCS 1205/8-17) (from Ch. 105, par. 8-17)
Sec. 8-17. 
		
		The corporate authorities of each park district or municipality
may provide for joining the park district or municipality in membership in
the Illinois Association of Park Districts, a non-profit, non-political
association of Illinois park districts, city park commissions, and
playground and recreation commissions and may provide for the payment of
annual membership dues and fees. The member park districts, city park
commissions, and playground and recreation commissions acting by, through
and in the name of such instrumentality may provide and disseminate
information and research services, employ personnel, and do any and all
other acts for the purpose of improving local and park district government.
(Source: Laws 1967, p. 3554.)
(70 ILCS 1205/8-18) (from Ch. 105, par. 8-18)
Sec. 8-18. 

Every park district shall have the power and authority to develop,
operate, finance and participate in joint recreational programs with one or more
 park districts, cities, city recreation commissions, forest preserve districts, conservation districts, 
school districts, or other municipal or quasi-municipal governments, and to
enter into joint agreements pertaining thereto, including the joint use of
facilities and equipment and the securing of liability insurance in
connection with such use.
(Source: P.A. 99-271, eff. 8-5-15.)
(70 ILCS 1205/8-19) (from Ch. 105, par. 8-19)
Sec. 8-19. 
		
		Any park district may sell or deliver alcoholic liquors in
accordance with the provisions of "An Act relating to alcoholic liquors", approved
January 31, 1934, as such Act may be now or hereafter amended.  Such park
district shall provide dram shop liability in maximum insurance coverage
limits in accordance with "An Act relating to alcoholic liquors",
approved  January  31, 1934, as  such  Act  may  be  now  or hereafter amended.
(Source: P.A. 82-1057.)
(70 ILCS 1205/8-20) (from Ch. 105, par. 8-20)
Sec. 8-20. 
		
		Each park district shall indemnify and protect members of
the park board and employees of such district 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 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.  Such indemnification and protection shall extend to persons
who are members of the park board or employees of the district at the time
of the incident
from which a claim arises.
(Source: P.A. 83-807.)
(70 ILCS 1205/8-21) (from Ch. 105, par. 8-21)
Sec. 8-21. 
		
		Each park district may insure against any loss or liability
of the park district, members of the park board, and employees thereof,
by reason of 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 defense thereof, when damages
are sought for negligent or wrongful acts allegedly committed within the
scope of employment, or under the direction, of the park board.  Such insurance
shall be carried with a company licensed to write such coverage in this State.
Each park district may provide for or participate in the provision of
insurance protection and benefits for its employees and their dependents,
including but not limited to retirement annuities, and medical, surgical
and hospitalization benefits, in such types and amounts as shall be determined
by the board, for the purposes of aiding in securing and retaining the services
of competent employees.  Where employee participation in such provision is
involved, the board, with the consent of the employee, may withhold deductions
from the employee's salary necessary to defray the employee's share of such
insurance costs.  Such insurance or benefits may be contracted for only with an
insurance company authorized to do business in this State.  Such insurance
may include provision for employees and their dependents who rely on treatment
by prayer or spiritual means alone for healing, in accordance with the tenets
and practice of a recognized religious denomination.
For the purposes of this Section, "dependent" means an employee's spouse
and any unmarried child (1) under the age of 19 years, including (a)
an adopted child and (b) a stepchild or recognized child who lives with
the employee in a regular parent-child relationship or (2) under the age
of 23 who is enrolled as a full-time student in any accredited school, college
or university.
(Source: P.A. 90-655, eff. 7-30-98.)
(70 ILCS 1205/8-22)
Sec. 8-22. 
		
		Whenever a park district owns any personal property that in the
opinion of three-fifths of the members of the board then holding office is no
longer necessary, useful to, or for the best interests of the park district,
three-fifths of the park board then holding office, at any regular meeting or
at any special meeting called for that purpose, by ordinance, 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. 88-426.)
(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is required as
a condition of employment to authorize an investigation to determine if
the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted, within 7 years of the application for employment with the
park district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State.  Authorization
for the
investigation shall be furnished by the applicant to the park district.
Upon receipt of this authorization, the park district shall submit the
applicant's name, sex, race, date of birth, and social security number to
the Illinois State Police on forms prescribed by the Illinois State Police.  The Illinois State Police shall conduct a search of the
Illinois criminal history records database to ascertain if the applicant being considered for
employment has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d) of this Section, or adjudicated a delinquent minor for committing or attempting to commit any of
the enumerated criminal or drug
offenses
in subsection (c) or (d) of this Section, or
has been convicted of committing or attempting to commit, within 7 years of
the application for employment with
the
park district, any other felony under the laws of this State.  The
Illinois 
State Police shall charge the park district a fee for conducting the
investigation, which fee shall be deposited in the State Police Services
Fund and shall not exceed the cost of the inquiry.  The applicant shall
not be charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history record database
indicates that the applicant has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or (d), or adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal or drug offenses in subsection (c) or (d), or has
been convicted of committing or attempting to commit, within 7 years of the
application for employment with the park district, any other felony under the
laws of this State, the Illinois State Police and the Federal Bureau
of
Investigation shall furnish, pursuant to
a fingerprint based background check, records
of convictions or adjudications as  a delinquent minor, until expunged, to the
president of the park district.  Any information concerning the record of
convictions or adjudications as a delinquent minor obtained by the president shall be confidential and may only
be transmitted to those persons who are necessary to the decision on whether to
hire the
applicant for employment.  A copy of the record of convictions or adjudications as a delinquent minor  obtained
from the Illinois State Police shall be provided to the applicant for
employment.  Any person who releases any confidential information
concerning any criminal convictions or adjudications as a delinquent minor of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
(c) No park district shall knowingly employ a person who has been
convicted, or adjudicated a delinquent minor, for committing attempted first degree murder or
for committing
or attempting to commit first degree murder, a Class X felony, or any
one or more of the following criminal offenses:  (i) those defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any offense
committed or attempted in any other state or against the laws of the
United States, which, if committed or attempted in this State, would have
been punishable as one or more of the foregoing offenses.  Further, no
park district shall knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under 18 years
of age pursuant to proceedings under Article II of the Juvenile Court Act
of 1987.  No park district shall knowingly employ a person for whom a
criminal background investigation has not been initiated.
(d) No park district shall knowingly employ a person who has been convicted of the following drug offenses, other than an offense set forth in subsection (c), until 7 years following the end of the sentence imposed for any of the following offenses: (i) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of that Act; (ii) those defined in the Illinois Controlled Substances Act; (iii) those defined in the Methamphetamine Control and Community Protection Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. For purposes of this paragraph, "sentence" includes any period of supervision or probation that was imposed either alone or in combination with a period of incarceration.
(e) Notwithstanding the provisions of subsections (c) and (d), a park district may, in its discretion, employ a person who has been granted a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections by the circuit court.
(Source: P.A. 102-538, eff. 8-20-21.)
(70 ILCS 1205/8-23a)
Sec. 8-23a. Application for volunteers; disclosure of child sex offenses; penalty for failure to disclose.
(a) For purposes of this Section:
"Child sex offender" has the meaning provided in paragraph (1) of subsection (d) of Section 11-9.3 of the Criminal Code of 2012.
"Volunteer" means any individual who  without compensation or benefits reports to, and is under the direct supervision of, a park district's administrative staff and provides personal services to a park district recreational program that is offered to children.
(b) Every park district shall require volunteers to complete an application prior to beginning any work as a volunteer.  The application shall include, but shall not be limited to, a question for the applicant to answer concerning whether they have been convicted of or found to be a child sex offender.  If a volunteer is under 18 years of age,  the volunteer's parent or legal guardian may complete the application on behalf of the volunteer. No park district shall knowingly engage a volunteer who has been convicted of or found to be a child sex offender and shall terminate the services of the volunteer upon discovery of such an offender.
(c) If a current volunteer with a park district is convicted of or found to be a child sex offender, the volunteer shall immediately disclose the conviction or finding to the park district.
(Source: P.A. 100-472, eff. 9-8-17.)
(70 ILCS 1205/8-24)
Sec. 8-24. Concussion and head injury educational materials.
(a) In addition to the other powers and authority now possessed by it, any park district is authorized and encouraged to make available to residents and users of park district facilities, including youth athletic programs, electronically or in written form, educational materials that describe the nature and risk of concussion and head injuries, including the advisability of removal of youth athletes that exhibit signs, symptoms, or behaviors consistent with a concussion, such as a loss of consciousness, headache, dizziness, confusion, or balance problems, from a practice or game.  These educational materials may include materials produced or distributed by the Illinois High School Association, those produced by the U.S. Centers for Disease Control and Prevention, or other comparable materials.  The intent of these materials is to assist in educating coaches, youth athletes, and parents and guardians of youth athletes about the nature and risks of head injuries.
(b) Each park district is subject to and shall comply with the requirements of the Youth Sports Concussion Safety Act if the park district is directly responsible for organizing and providing a sponsored youth sports activity as a youth sports league by registering the players and selecting the coaches, as those terms are defined in the Youth Sports Concussion Safety Act.
(Source: P.A. 99-245, eff. 8-3-15.)
(70 ILCS 1205/8-30)
Sec. 8-30. 
		Advisory referenda. 
		By a vote of the majority of the members of
the park district board, the board may authorize an advisory question of public
policy to be placed on the ballot at the next regularly scheduled election in
the district. The board shall certify the question to the proper election
authority, which must submit the question at an election in accordance with the
Election Code.
(Source: P.A. 93-574, eff. 8-21-03.)
(70 ILCS 1205/8-50)
Sec. 8-50. Definitions. For the purposes of Sections 8-50 through 8-57, the following terms shall have the following meanings, unless the context requires a different meaning:
"Delivery system" means the design and construction approach used to develop and construct a project.
"Design-bid-build" means the traditional delivery system used on public projects that incorporates the Local Government Professional Services Selection Act and the principles of competitive selection.
"Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services as required, and the labor, materials, equipment, and other construction services for the project.
"Design-build contract" means a contract for a public project under this Act between any park district and a design-build entity to furnish architecture, engineering, land surveying, landscape architecture, and related services as required, and to furnish the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the park district to make modifications in the project scope without invalidating the design-build contract.
"Design-build entity" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Act. A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.
"Design professional" means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for the separate phases of the selection process for design-build proposals as defined in this Act and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. Price may not be used as a factor in the evaluation of Phase I proposals.
"Landscape architect design professional" means any person, sole proprietorship, or entity including, but not limited to, a partnership, professional service corporation, or corporation that offers services under the Landscape Architecture Registration Act.
"Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Act.
"Request for proposal" means the document used by the park district to solicit proposals for a design-build contract.
"Scope and performance criteria" means the requirements for the public project, including, but not limited to: the intended usage, capacity, size, scope, quality, and performance standards; life-cycle costs; and other programmatic criteria that are expressed in performance oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
(Source: P.A. 102-284, eff. 8-6-21.)
(70 ILCS 1205/8-51)
Sec. 8-51. Authorization for design-build; advertisement.
(a)  A park district shall have the power to enter into design-build contracts. In addition to the requirements set forth in its ordinances, the park district shall advertise a design-build solicitation at least once in a daily newspaper of general circulation within the county in which the park district is located. The date that Phase I submissions by design-build entities are due must be at least 14 calendar days after the date the newspaper advertisement for design-build proposals is first published. The advertisement shall identify the design-build project, the due date, the place and time for Phase I submissions, and the place where proposers may obtain a complete copy of the request for design-build proposals, including the criteria for evaluation and the scope and performance criteria. The park district is not precluded from using other media or from placing advertisements in addition to the one required under this subsection.
(b) A park district may reject any and all bids and proposals received and may readvertise for bids or issue a new request for design-build proposals.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-52)
Sec. 8-52. Solicitation of design-build proposals.
(a) When a park district elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for proposal. The park district shall publish notice of the request for the design-build proposal in a newspaper of general circulation within the county in which the park district is located. The park district shall, if possible, post plans and specifications in a related construction industry service publication. A brief description of the proposed procurement must be included in the notice. The park district must provide a copy of the request for proposal to any party requesting a copy.
(b) The request for proposal shall be prepared for each project and must contain, without limitation, the following information:
(1) A preliminary schedule for the completion of the         contract.
(2) The proposed budget for the project, the source         of funds, and the funds available at the time the request for proposal is submitted.
(3) Prequalification criteria for design-build         entities wishing to submit proposals. The park district shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained in this Section precludes the use of additional prequalification criteria by the park district.
(4) Material requirements of the contract, including,         but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals established by the corporate authorities of the park district for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.
(5) The performance criteria.
(6) The evaluation criteria for each phase of the         solicitation.
(7) The number of entities to be considered     for     the technical and cost evaluation phase.
(c) The park district may include any other relevant information that it chooses to supply. The design-build entity shall be entitled to rely upon the accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. In the event the construction portion of the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The park district shall include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-53)
Sec. 8-53. Development of design-build scope and performance criteria.
(a) The park district shall develop, with the assistance of a licensed design professional or a landscape architect design professional, as appropriate, a request for proposal, which shall include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the park district's overall programmatic needs and goals, including criteria and preliminary design plans, general budget parameters, schedule, and delivery requirements.
(b) Each request for proposal shall also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the park district to be produced by the design-build entities.
(c) The scope and performance criteria shall be prepared by a design professional or a landscape architect design professional, as appropriate, who is an employee of the park district, or the park district may contract with an independent design professional selected under the Local Government Professional Services Selection Act to provide these services.
(d) The design professional or landscape architect design professional that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-54)
Sec. 8-54. Procedures for design-build selection.
(a) The park district must use a two-phase procedure for the selection of the successful design-build entity. Phase I of the procedure shall evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals.
(b) The park district shall include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the park district has set forth. Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation. The park district shall include the following criteria in every Phase I evaluation of design-build entities:
(1) experience of personnel;
(2) successful experience with similar project types;
(3) financial capability;
(4) timeliness of past performance;
(5) experience with similarly sized projects;
(6) successful reference checks of the firm;
(7) commitment to assign personnel for the duration     of the project;
(8) qualifications of the entity's consultants; and
(9) ability or past performance in meeting or     exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the park district and in complying with Section 2-105 of the Illinois Human Rights Act.
The park district may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.
The park district may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including, but not limited to, long-term leasehold, mutual performance, or development contracts with the park district, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. No design-build proposal shall be considered that does not include an entity's plan to comply with the requirements concerning minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the park district and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the park district shall create a shortlist of the most highly qualified design-build entities. The park district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, except that no less than 2 design-build entities nor more than 6 may be selected to submit Phase II proposals. The park district shall notify the entities selected for the shortlist in writing. This notification shall commence the period for the preparation of Phase II technical and cost evaluations. The park district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the park district.
(c) The park district shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the park district. The park district must maintain a record of the evaluation scoring to be disclosed in the event of a protest regarding the solicitation.
The park district shall include the following criteria in every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request     for proposal requirements;
(3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance     criteria; and
(7) constructability of the proposed project.
The park district may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The park district shall include the following criteria in every Phase II cost evaluation: the total project cost and the time of completion. The park district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighing factor shall not exceed 30%.
The park district shall directly employ or retain a licensed design professional or landscape architect design professional, as appropriate, to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost submissions evaluation, the park district may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-55)
Sec. 8-55. Small design-build projects. In any case where the total overall cost of the project is estimated to be less than $12,000,000, the park district may combine the two-phase procedure for design-build selection described in Section 8-50 into one combined step, provided that all the requirements of evaluation are performed in accordance with Section 8-50.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-56)
Sec. 8-56. Submission of design-build proposals. Design-build proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposals. All design-build entities submitting proposals shall be disclosed after the deadline for submission, and all design-build entities who are selected for Phase II evaluation shall also be disclosed at the time of that determination.
Phase II design-build proposals shall include a bid bond in the form and security as designated in the request for proposals. Proposals shall also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals shall include a list of all design professionals, landscape architect design professionals, and other entities to which any work may be subcontracted during the performance of the contract.
Proposals must meet all material requirements of the request for proposal or they may be rejected as non-responsive. The park district shall have the right to reject any and all proposals.
The drawings and specifications of any unsuccessful design-build proposal shall remain the property of the design-build entity.
The park district shall review the proposals for compliance with the performance criteria and evaluation factors set forth in this Act.
Proposals may be withdrawn before the due date and time for submissions for any cause. After evaluation begins by the park district, clear and convincing evidence of error is required for withdrawal.
(Source: P.A. 97-349, eff. 8-12-11.)
(70 ILCS 1205/8-57)
Sec. 8-57. Design-build award. The park district may award a design-build contract to the highest overall ranked entity. Notice of award shall be made in writing. Unsuccessful entities shall also be notified in writing. The park district may not request a best and final offer after the receipt of proposals. The park district may negotiate with the selected design-build entity after award but prior to contract execution for the purpose of securing better terms than originally proposed, provided that the salient features of the request for proposal are not diminished.
(Source: P.A. 97-349, eff. 8-12-11.)