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| [ House Amendment 001 ] |
92_HB1079
LRB9206762MWcd
1 AN ACT concerning park districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Park District Code is amended by
5 changing Section 10-7 as follows:
6 (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
7 Sec. 10-7. Sale, lease, or exchange of realty.
8 (a) Any park district owning and holding any real estate
9 is authorized (1) to give, sell, or lease that such property
10 to the State of Illinois or another unit of Illinois State or
11 local government for public use, or (2) to lease that
12 property upon the terms and at the price that the board
13 determines for a period not to exceed 99 years to any
14 corporation organized under the laws of this State, in either
15 case for public use., and provided that The grantee or lessee
16 must covenant covenants to hold and maintain the such
17 property for public park or recreational purposes unless the
18 or such park district obtains other real property of
19 substantially the same size or larger and of substantially
20 the same or greater suitability for park purposes without
21 additional cost to the such district. In the case of property
22 given or sold under this subsection after the effective date
23 of this amendatory Act of the 92nd General Assembly for which
24 this covenant is required, the conveyance must provide that
25 ownership of the property automatically reverts to the
26 grantor if the grantee knowingly violates the required
27 covenant by allowing all or any part of the property to be
28 used for purposes other than park or recreational purposes.
29 (b) Any park district owning or holding any real estate
30 is authorized to convey such property to a nongovernmental
31 entity in exchange for other real property of substantially
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1 equal or greater value as determined by 2 appraisals of the
2 property and of substantially the same or greater suitability
3 for park purposes without additional cost to such district.
4 Prior to such exchange with a nongovernmental entity the
5 park board shall hold a public meeting in order to consider
6 the proposed conveyance. Notice of such meeting shall be
7 published not less than three times (the first and last
8 publication being not less than 10 days apart) in a newspaper
9 of general circulation within the park district. If there is
10 no such newspaper, then such notice shall be posted in not
11 less than 3 public places in said park district and such
12 notice shall not become effective until 10 days after said
13 publication or posting.
14 (c) Notwithstanding any other provision of this Act,
15 this subsection (c) shall apply only to park districts that
16 serve territory within a municipality having more than 40,000
17 inhabitants and within a county having more than 260,000
18 inhabitants and bordering the Mississippi River. Any park
19 district owning or holding real estate is authorized to sell
20 that property to any not-for-profit corporation organized
21 under the laws of this State upon the condition that the
22 corporation uses the property for public park or recreational
23 programs for youth. The park district shall have the right
24 of re-entry for breach of condition subsequent. If the
25 corporation stops using the property for these purposes, the
26 property shall revert back to ownership of the park district.
27 Any temporary suspension of use caused by the construction of
28 improvements on the property for public park or recreational
29 programs for youth is not a breach of condition subsequent.
30 Prior to the sale of the property to a not-for-profit
31 corporation, the park board shall hold a public meeting to
32 consider the proposed sale. Notice of the meeting shall be
33 published not less than 3 times (the first and last
34 publication being not less than 10 days apart) in a newspaper
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1 of general circulation within the park district. If there is
2 no such newspaper, then the notice shall be posted in not
3 less than 3 public places in the park district. The notice
4 shall be published or posted at least 10 days before the
5 meeting. A resolution to approve the sale of the property to
6 a not-for-profit corporation requires adoption by a majority
7 of the park board.
8 (d) Real estate, not subject to such covenant or which
9 has not been conveyed and replaced as provided in this
10 Section, may be conveyed in the manner provided by Sections
11 10-7a to 10-7d hereof, inclusive.
12 (e) In addition to any other power provided in this
13 Section, any park district owning or holding real estate that
14 the board deems is not required for park or recreational
15 purposes may lease such real estate to any individual or
16 entity and may collect rents therefrom. Such lease shall not
17 exceed 2 and one-half times the term of years provided for in
18 Section 8-15 governing installment purchase contracts.
19 (f) Notwithstanding any other provision of law, if (i)
20 the real estate that a park district with a population of
21 3,000 or less transfers by lease, license, development
22 agreement, or other means to any private entity is greater
23 than 70% of the district's total property and (ii) the
24 current use of the real estate will be substantially altered
25 by that private entity, the real estate may be conveyed only
26 in the manner provided for in Sections 10-7a, 10-7b, and
27 10-7c.
28 (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99;
29 91-918, eff. 7-7-00.)