Unique Nature of Illinois Park Districts
Park districts are a form of municipal corporation almost unique to Illinois. In other states, parks, other than state parks, are usually maintained and operated by the city. While under the laws of Illinois, cities and villages are authorized to maintain parks and levy a tax therefore, by far the greater number of municipal parks are maintained and operated by park districts.
There are several reasons for this. First, under the Illinois Constitution the bonding power of all municipal corporations is limited, and as a practical matter because of other bonds, which most cities have, outstanding, bonds cannot be issued for the acquisition and improvement of parks. Second, a park district does not have to be coterminous with a city or village and additional territory outside of the city or village may be included in the park district, which permits both better community services and increases the revenue, which may be raised by taxation. Third, by making the park board completely independent of the city, it is not involved in city politics.
A park district is a municipal corporation, created for the purpose of acquiring and maintaining parks, and is separate and distinct from the city, county or any other body politic. It is an agency through which, in part, the people of the state carry on government. It is not purely local in function, for the courts have held that the park property is held in trust for the use of the people of the State at large and not for the exclusive use of the people of the district (Quinn v. Irving Park District, 207 Ill. App. 449).
A park district is purely a creation of the legislature, and has no inherent powers, but only such powers as have been granted it by the legislature, or as are necessarily implied to give effect to the powers specifically granted.
A Bit of History
There was no general act permitting the formation of park districts until 1893 when the legislature passed an act entitled "An Act to provide for the creation of Pleasure Driveway and Park Districts", approved June 19, 1893. Shortly after the passage of this act, the Peoria Park District was organized thereunder and in 1900 the Springfield Park District was formed. No other park districts were organized under this act until the organization in 1947 of the Fox River Valley Pleasure Driveway and Park District. Since that time a number of other districts have been organized under this legislation. This act is commonly referred to as "The Pleasure Driveway Act" and park districts formed thereunder, as "Pleasure Driveway and Park Districts."
In 1895 the legislature passed another general act entitled "An Act to provide for the organization of park districts and the transfer of submerged lands to those bordering on navigable bodies of water" approved June 24 1895. The purpose of this act was to permit the formation of park districts and particularly to enable such districts bordering on Lake Michigan to reclaim lanes on the lake front. Some nineteen park districts were formed in the City of Chicago and many other districts elsewhere. Most of the districts did not border on navigable bodies of water, which was not necessary under the act, but the act is commonly known as the "Submerged Land Act," and park districts formed thereunder as "Submerged Land Park Districts."
In 1911, the legislature passed another general act, the title to which, was later amended, was "An Act to establish and maintain parks and parkways in town and townships," approved May 29, 1911. A number of districts are organized under this act which is commonly know as the "Township Act", and park districts formed thereunder as "Township Park Districts."
Prior to 1947, there were these three separate acts under which a park district could be formed. While the purpose of each act was the same, namely to permit the formation of a municipal corporation to acquire and maintain parks, yet the provisions of these acts varied considerably as the territory eligible to form the district, the number of commissioners and length of their terms, powers of commissioners, and taxing powers.
The act selected in the formation of the district determined the powers of the district. For example, if a district were formed under the "Township Act," the commissioners would be selected in the manner provided in that act and would only have such powers as the act gave them (plus such additional powers as were granted to all park districts by general acts.) The "Submerged Land Act" granted greater powers, yet only districts organized under the "Submerged Land Act" could exercise the powers therein conferred.
In 1947 the legislature enacted "The General Park District Code," which was sponsored by the Illinois Association of Park Districts. This was the first step in codifying the laws pertaining to the park districts of less than 500,000 population, and codified the existing laws as to these three types of districts. In incorporated all the basic laws relative to such districts in one code, but did not make any important substantive changes in the law. The 1`893, 1895, and 1911 acts above referred to were repealed and are not longer in existence.
In 1951, the legislature enacted a bill making an extensive revision of the 1947 code, which was the second step of the codification, and the 1947 code as revised in 1951, and amended in 1953 and 1955, is the basic law governing park districts of less than 500,000 population.
The intent of the codification as expressed in the code, the name of which now is "The Park District Code," is (Sec. 1-2[a]):
"it is the intent of this codification that from and after its effective date, all existing park districts heretofore organized, together with all districts hereafter organized under this code, shall have identical powers, duties and purpose, except for those instances where specific powers, duties or forms of organization are expressly conferred upon Submerged Land Park Districts, Pleasure Driveway and Park Districts or Township Park Districts as in this code provided by specific designation."
The code provides for the formation of only one type of park district in the future, known as a "General Park District." Former Submerged Land Park Districts are also now known as General Park Districts. Existing Pleasure Driveway and Park Districts and Township Park Districts, are still know by those names, retain their present number of commissioners with the same terms of office and manner of election or appointment. The taxing and bonding powers of existing districts are also unchanged. Other than this, in general, all powers, duties and purposes of all districts are uniform, and in general are those formerly prescribed for Submerged Land Park District.
