State of Illinois
91st General Assembly
Legislation

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91_HB0833

 
                                               LRB9102026DHmg

 1        AN ACT to  amend  the  Park  District  Code  by  changing
 2    Section 10-7.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Park District Code is amended by changing
 6    Section 10-7 as follows:

 7        (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
 8        Sec. 10-7.  Sale, lease, or exchange of realty.
 9        (a)  Any park district owning and holding any real estate
10    is authorized to sell or lease such property to another  unit
11    of  Illinois  State or local government, or to lease upon the
12    terms and at the price that the board determines for a period
13    not to exceed 99 years to  any  not  for  profit  corporation
14    organized  under  the  laws of this State, in either case for
15    public use, and provided that the grantee or lessee covenants
16    to hold  and  maintain  such  property  for  public  park  or
17    recreational  purposes  or  such  park district obtains other
18    real property of substantially the same size or larger and of
19    substantially  the  same  or  greater  suitability  for  park
20    purposes without additional cost to such district.
21        (b)  Any park district owning or holding any real  estate
22    is  authorized  to  convey such property to a nongovernmental
23    entity in exchange for other real property  of  substantially
24    equal  or  greater value as determined by 2 appraisals of the
25    property and of substantially the same or greater suitability
26    for park purposes without additional cost to such district.
27        Prior to such exchange with a nongovernmental entity  the
28    park  board  shall hold a public meeting in order to consider
29    the proposed conveyance.  Notice of  such  meeting  shall  be
30    published  not  less  than  three  times  (the first and last
31    publication being not less than 10 days apart) in a newspaper
 
                            -2-                LRB9102026DHmg
 1    of general circulation within the park district.  If there is
 2    no such newspaper,  then such notice shall be posted  in  not
 3    less  than  3  public  places  in said park district and such
 4    notice shall not become effective until 10  days  after  said
 5    publication or posting.
 6        (c)  Notwithstanding  any  other  provision  of this Act,
 7    this subsection (c) shall apply only to park  districts  that
 8    serve territory within a municipality having more than 40,000
 9    inhabitants  and  within  a  county  having more than 260,000
10    inhabitants and bordering the Mississippi  River.   Any  park
11    district  owning or holding real estate is authorized to sell
12    that property to  any  not-for-profit  corporation  organized
13    under  the  laws  of  this  State upon the condition that the
14    corporation uses the property for public park or recreational
15    programs for youth.  The park district shall have  the  right
16    of  re-entry  for  breach  of  condition  subsequent.  If the
17    corporation stops using the property for these purposes,  the
18    property shall revert back to ownership of the park district.
19    Any temporary suspension of use caused by the construction of
20    improvements  on the property for public park or recreational
21    programs for youth is not a breach of condition subsequent.
22        Prior to the sale of the  property  to  a  not-for-profit
23    corporation,  the  park  board shall hold a public meeting to
24    consider the proposed sale.  Notice of the meeting  shall  be
25    published   not  less  than  3  times  (the  first  and  last
26    publication being not less than 10 days apart) in a newspaper
27    of general circulation within the park district.  If there is
28    no such newspaper, then the notice shall  be  posted  in  not
29    less  than  3 public places in the park district.  The notice
30    shall be published or posted at  least  10  days  before  the
31    meeting.  A resolution to approve the sale of the property to
32    a  not-for-profit corporation requires adoption by a majority
33    of the park board.
34        (d)  Real estate, not subject to such covenant  or  which
 
                            -3-                LRB9102026DHmg
 1    has  not  been  conveyed  and  replaced  as  provided in this
 2    Section, may be conveyed in the manner provided  by  Sections
 3    10-7a to 10-7d hereof, inclusive.
 4        (e)  In  addition  to  any  other  power provided in this
 5    Section, any park district owning or holding real estate that
 6    the board deems is not  required  for  park  or  recreational
 7    purposes  may  lease  such  real  estate to any individual or
 8    entity and may collect rents therefrom.  Such lease shall not
 9    exceed 2 and one-half times the term of years provided for in
10    Section 8-15 governing installment purchase contracts.
11    (Source: P.A. 89-458,  eff.  5-24-96;  89-509,  eff.  7-5-96;
12    90-14, eff. 7-1-97.)

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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