CLARK CO. (ECWd) –
With the approval, albeit illegal approval, of the Revised Covenants, the Park District Board voted to give away its rights to manage the leased lots, and with that, it gave away your right to vote and have your vote count. I will explain below…
“The Revised Covenants”
With the (illegal) passage of the revised covenants, and finally getting a copy from someone, I immediately noticed things wrong with it.
1. On page 4, under “Lot Tenant” it makes reference to the “Association”. Nowhere else is an “Association” mentioned. What Association are they talking about?
2. On page 5, they make reference to an “Architectural Control Committee” that would be formed with three members being appointed by the board and the executive director. They defined the Committee, and the next paragraph, they gave the Committee powers and duties, sometimes exclusive powers and duties. That is where the major problems lie.
The Board, by passing these covenants, has impaired, diluted, and debased the voting rights (14th Amendment – equal protection) of the residents of the Clark County Park District. They did this by giving away their rights and duties as elected Commissioners. In the case Rex v. Foxcroft (1760), 2 Burr. 1017, 1021, 97 Eng. Rep. 683, 685: “Whenever electors are present, and do not vote at all (as they have done here,) `they virtually acquiesce in the election made by those who do.'” I suggest that they acquiesced the election by giving away those rights to a Committee.
The Board, by passing these covenants, violated the Park District Code by creating an obligation, claim or liability of monies or property of the District without the express authority of the board conferred at a meeting thereof and duly recorded in its minutes.
(70 ILCS 1205/4-6)
(from Ch. 105, par. 4-6)
No member of the board of any park district, nor any person, whether in the employ of said board or otherwise, shall have power to create any debt, obligation, claim or liability, for or on account of said park district, or the monies or property of the same, except with the express authority of said board conferred at a meeting thereof and duly recorded in a record of its proceedings.
(Source: Laws 1951, p. 113.)
Remember the demand notice the Commissioners were served with a few weeks ago? (click here) That demand letter will now come into play. The Board cannot give any powers to the committee, it is a violation of law. This also applies to the dock committee, which will be another article.
From all appearances, these people will stop at nothing to give away use of park district property for 49 years plus – even though the agreement with the Federal government has not expired yet. This is unacceptable and should not be tolerated.