Article 2 - Organization--Elections
(70 ILCS 1205/2‑1) (from Ch. 105, par. 2‑1) Sec. 2‑1. Any territory having less than 500,000 population and so lying as to form one connected area (no portion of which shall be already included in an incorporated park district except in the cases provided for in Section 2‑2.1) may be incorporated as a park district, hereinafter referred to as a "General Park District". (Source: Laws 1963, p. 915.) |
(70 ILCS 1205/2‑2) (from Ch. 105, par. 2‑2) Sec. 2‑2. In organizing any park district under this Code not less than 100 legal voters resident within the limits of such proposed park district may petition the circuit judge of the county in which such territory, or the greater or greatest portion thereof, in area, lies, to cause the question to be submitted to the legal voters of such proposed park district whether they will organize as a park district. Such petition shall clearly define the territory intended to be embraced in such district and the name of such proposed district. The petition must include an affidavit attesting that notice of intent to petition for formation of a park district has been published as required by the general election law. In cases coming within the terms of Section 2‑‑2.1 the petition shall also set forth facts showing that the proposed park district meets the requirements of that Section and shall be signed by the number of legal voters required by that Section. (Source: P.A. 81‑1490.) |
(70 ILCS 1205/2‑2.1) (from Ch. 105, par. 2‑2.1) Sec. 2‑2.1. (a) When 2 or more park districts are situated entirely within the corporate limits of the same municipality, a park district coterminous with such municipality may be organized in the manner hereinafter provided, and, when so organized, shall supersede the park districts previously existing within the limits of the municipality. The petition to organize such a park district shall comply with the requirements of Section 2‑2, but must be signed by not less than 100 legal voters residing in each of the existing park districts and, if the municipality includes territory not included within any existing park district, by at least 100 legal voters residing in such territory or by at least 10% of the legal voters residing in such territory, whichever is less. The petition shall also state whether the proposed district shall have 5 elected commissioners or 7 appointed commissioners. If the proposed district shall have 7 appointed commissioners, the chief executive officer of the municipality, with the advice and consent of the corporate authorities, shall appoint the commissioners. The initial appointed commissioners shall serve terms determined by lot as follows: 2 for terms of 2 years, 2 for terms of 4 years, and 3 for terms of 6 years. Thereafter, appointed commissioners shall serve for terms of 6 years. A vacancy in the office of appointed commissioner shall be filled for the unexpired term in the same manner as an original appointment. (b) When 2 or more municipalities, one of which having a population of less than 500, are situated within a park district, the park district may be reorganized into 2 new park districts, one of which shall be coterminous with the municipality having a population of less than 500, and one of which shall be coterminous with the remaining territory of the park district. A petition to reorganize such park district shall comply with the requirements of Section 2‑2, but must be signed by at least 100 legal voters residing in the district to be reorganized. Title and possession of all real property and permanently located personal property of the district to be reorganized shall vest in the new district in which the property is located. Each new district shall succeed to its proportionate share of the bonded indebtedness of the reorganized district, to be determined according to the value, as equalized and assessed by the Department of Revenue, of all taxable property in each new district. Title and possession to all other property of the district as well as all other rights and obligations of the district shall be equitably distributed and apportioned between the 2 districts, as determined by the governing boards of both park districts. In the event that no agreement can be reached, the court in which the petition was filed to organize the new districts shall make the determination. All monies of the district on hand and all monies received from taxes levied before the creation of the 2 new districts shall be paid on a pro rata basis to each new district according to the value, as equalized and assessed by the Department of Revenue, of all taxable property in each new district. This subsection (b) shall be effective only until January 1, 1987. (c) "Municipality" as used in this Section means a city, village or incorporated town. (Source: P.A. 86‑307.) |
(70 ILCS 1205/2‑2.2) (from Ch. 105, par. 2‑2.2) Sec. 2‑2.2. Organization; municipal territory. Where territory to be organized includes any part of a municipality not currently a part of any park district, then the territory to be organized must include all of the municipality. (Source: P.A. 87‑847.) |
(70 ILCS 1205/2‑3) (from Ch. 105, par. 2‑3) Sec. 2‑3. An organization or reorganization petition under Section 2‑2 or 2‑2.1 shall be filed in the offices of the clerk of the circuit court in which such proposed district or district to be reorganized, or the greater or greatest portion in area thereof, is situated together with a request that the circuit judge set a date and time for a public hearing thereon. The organization petition shall contain a plat survey of the legal boundaries of the proposed district. The circuit judge shall fix a date and time, not less than 30 days nor more than 180 days after the date of filing of such petition and hearing request, for a public hearing on the subject of the petition. Notice of the time and place of such hearing shall be given by the clerk of the circuit court at least 20 days prior to the date fixed for such hearing by at least one publication thereof in one or more daily or weekly newspapers having a general circulation within the proposed park district. If no request for a hearing accompanied the petition or if a hearing on the petition has not been held within the time required by this Section, such petition shall be void and shall be dismissed by the circuit judge. (Source: P.A. 84‑633.) |
(70 ILCS 1205/2‑4) (from Ch. 105, par. 2‑4) Sec. 2‑4. If the circuit judge finds, upon such hearing, that the petition meets the requirements of this Act and the general election law, and that the boundaries as defined are reasonable boundaries for the formation of a park district or districts, he shall order the question submitted to referendum and, if applicable, the election of 5 commissioners in such proposed district or districts at the next regular election at which the question may be submitted in accordance with the general election law. Thereupon the clerk of the circuit court shall certify said proposition and, if applicable, offices to the proper election authority which shall conduct such election at the time and in the manner provided by the general election law. Nomination petitions for this initial election, if applicable, shall be filed within the time provided by the general election law. In the case of a proposition to reorganize a district into 2 new districts under subsection (b) of Section 2‑2.1, nomination petitions shall be filed separately for each of the proposed districts. (Source: P.A. 86‑307.) |
(70 ILCS 1205/2‑5) (from Ch. 105, par. 2‑5) Sec. 2‑5. The ballots to be used at such election shall be substantially the following form: ( )For Park District ( )Against Park District For Park Commissioners (Vote for five) (Here insert names of nominees, if any, with square at left opposite each, and five additional blank lines for voters to write in names if desired.) ( ) ( ) Names ( ) ( ) ( ) and shall include the names of all nominees for commissioners together with five blank lines for voters to write in names if desired; provided however in election jurisdictions where voting devices are utilized, voters may write in names in the manner provided in the general election law governing such voting systems. If the proposed district shall have appointed commissioners, the provisions for voting for commissioners shall be omitted from the ballot. (Source: P.A. 86‑307.) |
(70 ILCS 1205/2‑6) (from Ch. 105, par. 2‑6) Sec. 2‑6. The circuit court shall canvass such returns and shall enter a judgment of record determining and declaring the results of the election, which judgment shall be filed in the court and if such district shall lie in more than one county, a certified copy thereof shall be delivered to the clerk of the circuit court of each such other county who shall file the certified copy of record in the circuit court of such county. (Source: P.A. 83‑1362.) |
(70 ILCS 1205/2‑7) (from Ch. 105, par. 2‑7) Sec. 2‑7. Except as otherwise provided in Section 2‑7.1, in case a majority of the votes cast upon the question so submitted shall be in favor of the establishment of such district, said district shall then be deemed organized subject to the election of the initial commissioners: Provided, that where a referendum has been held to organize any territory as a park district under this Act at which a majority of the votes cast in the territory proposed to be organized was against the organization of such park district, then in any subsequent referendum to organize a park district, held within 2 years of the date of the previous referendum, which includes any of the territory included in such previous referendum, if a city, village or incorporated town is included in the territory proposed as a district, no such district shall be deemed to be organized unless a majority of the votes cast within the limits of each such city, village or incorporated town and also a majority of the votes cast outside the limits of each such city, village or incorporated town, shall be in favor of the establishment of such district. The clerk shall certify the proposition to the proper election officials who shall submit the proposition at an election in accordance with the general election law. (Source: P.A. 81‑1489.) |
(70 ILCS 1205/2‑7.1) (from Ch. 105, par. 2‑7.1) Sec. 2‑7.1. (a) In case of a proposal to organize a park district as provided in subsection (a) of Section 2‑2.1, the district shall be deemed organized if the proposal to organize the district receives the favorable vote of a majority of all votes cast on the question, and also receives the favorable vote of a majority of the votes cast within each of the existing park districts and in the territory, if any, not included in any existing park district. Thereupon the old park districts shall cease to exist, and the newly organized district shall succeed to all of their property and all their rights and obligations, including any bonded indebtedness. (b) In case of a proposal to reorganize a park district into 2 new park districts as provided in subsection (b) of Section 2‑2.1, the district shall be deemed reorganized if the proposal to reorganize the park district receives the favorable vote of a majority of all votes cast within the park district to be so reorganized. Thereupon the old park district shall cease to exist, and the newly organized park districts shall succeed to all of its property and all of its rights and obligations, including any bonded indebtedness, as provided in Section 2‑2.1. (Source: P.A. 83‑1346.) |
(70 ILCS 1205/2‑8) (from Ch. 105, par. 2‑8) Sec. 2‑8. All courts in this State shall take judicial notice of all park districts. (Source: Laws 1951, p. 113.) |
(70 ILCS 1205/2‑9) (from Ch. 105, par. 2‑9) Sec. 2‑9. Candidates for park commissioner elected at the election to determine whether or not a General Park District shall be formed shall be nominated in the same manner and form as prescribed in the general election law, except that the petition for nomination shall be filed with the clerk of the circuit court and shall have the signatures of no less than 25 qualified voters. Candidates for the initial board of commissioners shall file nomination petitions within the time prescribed by the general election law. In the event that such park district is organized, then the five persons who shall have received the highest number of votes for commissioners each at such election shall be declared the commissioners of said district. (Source: P.A. 81‑1490.) |
(70 ILCS 1205/2‑10) (from Ch. 105, par. 2‑10) Sec. 2‑10. Except as otherwise provided herein, within 30 days after declaration of the result of the election to organize a district, the five persons elected as commissioners shall meet and decide by lot, the term for which each shall hold office. Two shall serve for six years; two shall serve for four years; and one shall serve for two years, respectively and until their successors shall be duly elected and qualified. (Source: P.A. 81‑1490.) |
(70 ILCS 1205/2‑10a) (from Ch. 105, par. 2‑10a) Sec. 2‑10a. Any district may provide by referendum, or by resolution of the board, that the board shall be comprised of 7 commissioners. Any such referendum shall be initiated and held in the same manner as is provided by the general election law. If a majority of the votes cast on the proposition is in favor of the 7‑member board, or if the board adopts a resolution stating that it is acting pursuant to this Section in order to create a 7‑member board, then whichever of the following transition schedules are appropriate shall be applied: At the election of commissioners next following by at least 60 days the date on which the proposition to create a 7‑member board was approved at referendum or by resolution, the number of commissioners to be elected shall be 2 more than the number that would otherwise have been elected. If this results in the election, pursuant to Section 2‑12 of this Act, of 4 commissioners at that election, one of the 4, to be determined by lot within 30 days after the election, shall serve for a term of 4 years or 2 years as the case may be, instead of 6 years, so that his term will expire in the same year in which the term of only one of the incumbent commissioners expires. Thereafter all commissioners shall be elected for 6‑year terms as provided in Section 2‑12. If the creation of a 7‑member board results in the election of either 3 or 4 commissioners, pursuant to Section 2‑12a of this Act, at that election, 2 of them, to be determined by lot within 30 days after the election, shall serve for terms of 2 years instead of 4 years. Thereafter all commissioners shall be elected for 4‑year terms as provided in Section 2‑12a of this Act. In any district where a 7‑member board has been created pursuant to this Secti
|