State of Illinois
91st General Assembly
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Public Act 91-0918

SB1425 Enrolled                                LRB9111447MWpc

    AN ACT in relation to special districts.

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

    (70 ILCS 1105/2 rep.)
    Section   2.  The  Museum  District  Act  is  amended  by
repealing Section 2.

    Section 3.  The Park District Aquarium and Museum Act  is
amended by changing Section 1 as follows:

    (70 ILCS 1290/1) (from Ch. 105, par. 326)
    Sec.  1.   The  corporate  authorities of cities and park
districts having the control or  supervision  of  any  public
park  or  parks, are hereby authorized to purchase, erect and
maintain within any public park or parks under the control or
supervision of such corporate  authorities,  edifices  to  be
used  as aquariums or as museums of art, industry, science or
natural or other history,  or  to  permit  the  directors  or
trustees  of  any  corporation  or  society organized for the
construction or maintenance and operation of an  aquarium  or
museum  as hereinabove described to erect, enlarge, ornament,
build, rebuild, rehabilitate, improve, maintain  and  operate
its  aquarium or museum or museums within any public park now
or hereafter under the control or supervision of any city  or
park  district,  and  to  contract with any such directors or
trustees of any such aquarium, museum or museums relative  to
the    erection,    enlargement,   ornamentation,   building,
rebuilding,  rehabilitation,  improvement,  maintenance   and
operation  thereof.  Any city or park district may charge, or
permit such an aquarium or museum  to  charge,  an  admission
fee: Provided, that any such aquarium or museum shall be open
to  the public without charge for at least one day each week,
and, when accompanied by a teacher, to the children in actual
attendance upon grades kindergarten through twelve in any  of
the  schools  in  this  State  at  all times. During a 2-year
period beginning on the effective date of this amendatory Act
of the 91st General Assembly, any  such  aquarium  or  museum
must  be  open  to  the  public  without  charge for a period
equivalent to 52 days, at least 6 of which must be during the
period from June through August, each  year,  instead  of  at
least  one  day  each  week.  Notwithstanding said provisions
provision, charges may  be  made  at  any  time  for  special
services  and  for admission to special facilities within any
aquarium  or  museum  for  the  education,  entertainment  or
convenience of visitors. The proceeds of such admission  fees
and charges for special services and special facilities shall
be  devoted  exclusively  to  the  purposes for which the tax
authorized by Section 2 hereof may be used. If any  owner  or
owners  of any lands or lots abutting or fronting on any such
public park, or adjacent thereto,  have  any  private  right,
easement,   interest   or   property   in  such  public  park
appurtenant to their lands or lots or otherwise, which  would
be  interfered  with  by  the erection and maintenance of any
aquarium or museum as hereinbefore provided, or any right  to
have  such  public  park  remain open or vacant and free from
buildings, the corporate authorities  of  the  city  or  park
district having control of such park, may condemn the same in
the  manner  prescribed  for  the  exercise  of  the right of
eminent domain  under  Article  VII  of  the  Code  of  Civil
Procedure, as now or hereafter amended.
(Source: P.A. 82-783.)

    Section  5.   The Chicago Park District Act is amended by
changing Sections 3, 5, 14, and 16a as follows:

    (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
    Sec. 3.  Commissioners; corporate body. There shall be  7
commissioners  of  the  Chicago Park District. Within 30 days
after the effective date of this amendatory Act of  1988  the
Mayor  of  the City of Chicago, with the approval of the City
Council, shall appoint the 2 additional commissioners of  the
Chicago  Park  District  authorized by this amendatory Act of
1988, one to serve a term ending June 30, 1992, and the other
to serve a term ending June 30, 1993, as  designated  by  the
Mayor.   The  5 commissioners holding office on the effective
date of this amendatory Act of 1988 shall continue in  office
until his or her term otherwise ends.
    Annually  in the same manner as the original appointments
are made, a commissioner shall be appointed to  succeed  each
commissioner whose term then expires to serve for a term of 5
years  and  until  his  or  her  successor  is  appointed and
qualified. Vacancies in the office of commissioner  shall  be
filled  by  appointment by the mayor with the approval of the
City Council.
    Each commissioner shall be a legal voter  of  and  reside
within  the  district  and before entering upon the duties of
his or her  office  shall  take  and  subscribe  an  oath  to
faithfully  discharge his or her duties as commissioner. Each
commissioner shall be required to post a bond in the  sum  of
$50,000  for  the  use and benefit of the district subject to
the approval of the Circuit Court of Cook  County  with  whom
such bond shall be posted.
    In  performing  their  functions as commissioners for the
Chicago Park District, the commissioners are subject  to  the
Public Officer Prohibited Activities Act. It shall be a petty
offense  for  any  commissioner  to be directly or indirectly
pecuniarily interested in any contract or work  of  any  kind
whatever  connected with said park district, and any contract
in which any commissioners shall be  directly  or  indirectly
interested shall be null and void.
    From  the  time of the beginning of the term of the first
commissioners, the Chicago Park District shall  constitute  a
body politic and corporate and by such name and style may sue
and  be  sued,  contract  and be contracted with, acquire and
hold real property  necessary  for  corporate  purposes,  and
adopt a common seal and alter the same at pleasure.
(Source: P.A. 85-1411.)

    (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
    Sec.   5.   General  superintendent;  Director  of  Human
Resources. The commissioners of  the  Chicago  Park  District
shall  appoint  a general superintendent. Such superintendent
shall be chosen  without  regard  to  his  or  her  political
affiliations   and   upon  the  sole  basis  of  his  or  her
administrative and technical  qualifications  to  manage  the
affairs of the district.  He or she shall be a citizen of the
United States and a resident of the district.
    Notwithstanding  anything to the contrary in Section 2 of
the Park System Civil Service Act "An  Act  relating  to  the
civil  service  in  park systems", approved June 10, 1911, as
now or hereafter amended, or any other law, the commissioners
shall appoint a Director of Human Resources superintendent of
employment.  The Director of Human  Resources  superintendent
of  employment  shall be a citizen of the United States and a
resident of the district.
(Source: P.A. 85-1411.)

    (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
    Sec. 14. Civil service.  The Park  System  Civil  Service
Act  "An  Act relating to the civil service in park systems",
approved June 10,  1911,  as  amended,  shall  apply  to  the
Chicago  Park  District,  and  upon the coming into effect of
this act there shall be appointed but one Director  of  Human
Resources  superintendent  of  employment  and  but one civil
service board for such district.
    Every officer and employe in the classified civil service
at the time this Act takes effect  shall  be  assigned  to  a
position having, so far as possible, duties equivalent to his
former  office  or employment, and such officers and employes
shall have the same standing, grade, and privilege which they
respectively had  in  the  districts  from  which  they  were
transferred,  subject,  however, to existing and future civil
service laws. This Section shall not be construed to  require
the   retention  of  more  officers  and  employes  than  are
necessary to the proper performance of the functions  of  the
Chicago  Park  District  and  the  rules of the civil service
board made in  pursuance  of  the  civil  service  law  shall
control  in  the making of layoffs and reinstatements of such
officers and employes as are not necessary  to  be  retained.
This act shall in no way be construed to affect the operation
of  Article 5 or Article 12 of the "Illinois Pension Code" as
the same may from time to time be amended, nor to affect  the
rights  of  employees  to pensions or annuities nor any taxes
authorized to be levied therefor. In the case of employes and
policemen of superseded park  districts  not  having  annuity
benefit  funds  retained  as  employes  or  policemen  of the
Chicago Park District such employes and policemen shall  have
the right to enter as new employes and policemen.
(Source: Laws 1963, p. 147.)

    (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
    Sec. 16a.  Personnel code.
    (a)  Notwithstanding  the  provisions  of the Park System
Civil Service Act  or the provisions of any  other  law,  the
board of commissioners by ordinance may establish a personnel
code  for  the  Chicago  Park  District  creating a system of
personnel  administration  based  on  merit  principles   and
scientific methods.
    (b)  The  passage  by  the  board  of  commissioners of a
personnel code that complies  with  the  provisions  of  this
Section  shall  suspend the applicability to the Chicago Park
District of the Park System Civil Service Act. That Act shall
again  become  applicable  to  the  Chicago   Park   District
immediately  upon the repeal by the board of commissioners of
the personnel code or of any provision of that Code  that  is
required by this Section.
    (c)  Any   personnel   code   passed   by  the  board  of
commissioners under  the  authority  of  this  Section  shall
contain  provisions  necessary  to  create a personnel system
based on merit principles and scientific methods and shall at
a minimum contain the following provisions:
         (1)  The code shall create the office of Director of
    Human  Resources  Superintendent  of   Employment.    The
    Director  of Human Resources Superintendent of Employment
    shall  be  a  resident  of  the  district  and  shall  be
    appointed by the board of commissioners.
         (2)  The code shall provide for  a  personnel  board
    consisting   of   3   members.    Two  members  shall  be
    commissioners and the third  shall  be  the  Director  of
    Human  Resources  Superintendent  of  Employment  or  the
    person  lawfully  acting  in  that  capacity.  Terms  for
    members  shall  be prescribed by the personnel code.  The
    commissioner members of the personnel board  shall  serve
    without   compensation   but   shall  be  reimbursed  for
    necessary travel and other expenses.  The personnel board
    may administer oaths, subpoena witnesses, and compel  the
    production  of  books and papers pertinent to any hearing
    authorized by this  Section.   Any  circuit  court,  upon
    application  by  the personnel board or any member of the
    board, may, in its discretion, compel the  attendance  of
    witnesses,  the  production  of books and papers, and the
    giving of testimony  before  the  board  or  its  hearing
    officer  in  relation to a hearing.  Any person who shall
    refuse to comply with a lawfully served order  to  appear
    or  testify  before  the  personnel  board or its hearing
    officer, or to produce books and papers relevant  to  the
    hearing as commanded in a lawfully served subpoena, shall
    be  guilty  of  a  Class  B misdemeanor.  Any person who,
    having taken an oath or made affirmation before the board
    or its  hearing  officer,  knowingly  swears  or  affirms
    falsely is guilty of perjury and upon conviction shall be
    punished accordingly.
         (3)  The   code   shall  subject  all  positions  of
    employment in the Park District to  the  jurisdiction  of
    the  personnel  board,  with  the exception of offices or
    high-ranking  senior  executive  positions,  confidential
    positions, or special program positions  that  cannot  be
    subject  to  career  service due to program requirements.
    The  board  of  commissioners   shall,   by   resolution,
    specifically  exempt  those offices or positions from the
    jurisdiction of the personnel board.
         (4)  The substantive provisions of  the  code  shall
    provide, at a minimum, for the following:
              (A)  With  the  exceptions  listed  below,  all
         vacancies  in positions of employment subject to the
         jurisdiction of the personnel board shall be  filled
         only after providing reasonable public notice of the
         vacancy  and  inviting  those who meet the published
         minimum requirements for  the  position  as  further
         provided  in  this  Section  to  apply  for  it. The
         district shall specify in the  announcement  of  the
         vacancy  the  minimum  requirements  necessary to be
         considered for the position,  as  contained  in  the
         official position description for the position.  The
         district  shall  specify  in the announcement of the
         vacancy whether competition for the vacancy is  open
         to non-employees of the district, or to employees of
         the  district, or to both. The district may dispense
         with this requirement of public announcement when  a
         vacancy, for reasons promoting the efficiency of the
         district  service,  is  to  be  filled  by demotion,
         recall from layoff or leave of absence,  or  lateral
         transfer  of  an  employee;  or  as  the result of a
         lawful   order   of   a   court,   arbitrator,    or
         administrative  agency;  or  as the result of a bona
         fide settlement of a legal claim; or  in  accordance
         with   the  provisions  of  this  Section  governing
         emergency  appointments;  or  as  a  result   of   a
         reclassification  of an employee's job title made in
         accordance with rules prescribed by the district for
         correcting misclassifications; or as the result of a
         need to correct or avoid violations  of  any  ethics
         ordinance of the district.
              (B)  All  vacancies  that  have  been  publicly
         announced  in  accordance  with  the  provisions  of
         subparagraph   (A)   of  this  paragraph  (4)  shall
         thereafter be filled by a competitive evaluation  of
         the  relative  qualifications of those who apply for
         it. Any method of  evaluation  shall  be  reasonably
         designed  to  select  candidates  on  the  basis  of
         job-related  criteria.  The  personnel  board  shall
         prescribe  by rule the various methods of evaluation
         that may be used. The  public  announcement  of  the
         vacancy  shall  specify the method that will be used
         for the particular vacancy. The  Director  of  Human
         Resources   Superintendent   of   Employment   shall
         document  the process of conducting each competitive
         evaluation for each  vacancy  in  sufficient  detail
         that  the  personnel board may determine the process
         by  which,  and  the  basis  on  which,  the  person
         selected to fill the vacancy was selected.
              (C)  The district, where it determines that  it
         is in the interest of the efficiency of the service,
         may specify reasonable lines of promotion or "career
         ladder" progressions grouping related positions. The
         district    may,   in   its   discretion,   restrict
         competition for a particular vacancy (i) to existing
         employees who seek promotion to  that  vacancy  from
         the  position  class  at  the next lower step in the
         relevant  line  of  promotion   or   career   ladder
         progression  or (ii) if there is no such lower step,
         to  existing  employees  seeking  promotion  from  a
         particular  job  classification  or  classifications
         whose duties are reasonably related to the duties of
         the  vacancy  being  filled.   No   restriction   of
         competition  for a vacancy to be filled by promotion
         shall be applied unless the  line  of  promotion  or
         similar  restriction  has first been approved by the
         personnel board.
              (D)  Persons  appointed  to   a   position   of
         permanent  employment shall acquire "career service"
         status following successful completion of a  6-month
         period of probation.
              (E)  The   district  may  prescribe  reasonable
         rules that extend appropriate preference in  filling
         vacancies to qualified persons who have been members
         of  the armed forces of the United States in time of
         hostilities with a foreign country or  to  qualified
         persons  who,  while  citizens of the United States,
         were members of the armed forces of  allies  of  the
         United  States in time of hostilities with a foreign
         country. A  "time  of  hostilities  with  a  foreign
         country"  means  the period of time from December 7,
         1941, to December 31, 1945, and from June 27,  1950,
         to  December  31,  1976  and during any other period
         prescribed by the Board  of  Commissioners  to  take
         account  of  periods  in which the armed forces were
         subjected to the risks of hostilities with a foreign
         country. To qualify for this  preference,  a  person
         must  have served in the armed forces for at least 6
         months, been discharged on the ground  of  hardship,
         or  been  released  from  active  duty  because of a
         service-connected disability; the  person  must  not
         have received a dishonorable discharge.
              (F)  The    district    may    make   emergency
         appointments   without   public   announcement    or
         competition  where immediate appointment is required
         for reasons of the security or safety of the  public
         or    of    the   district's   property.   Emergency
         appointments shall be immediately  reported  to  the
         personnel board, which may disapprove them and order
         them  ended.  No emergency appointment may last more
         than 30 days, and no emergency appointment shall  be
         renewed.
              (G)  The    district    may    make   temporary
         appointments to positions in which it is  determined
         by  the personnel board that the continuous services
         of the employee will be  needed  for  less  than  12
         months.   Appointments   shall  be  made  by  public
         announcement and competitive methods as provided  in
         subparagraph  (A)  of  this  paragraph  (4), but the
         employee thus appointed  shall  not  acquire  career
         service  status  during  the  period  of  his or her
         temporary appointment.
              (H)  The  district   may   transfer   employees
         without  competitive procedures from a position to a
         similar position involving  similar  qualifications,
         duties, responsibilities, and salary ranges.
              (I)  The district may make layoffs by reason of
         lack  of  funds or work, abolition of a position, or
         material change  in  duties  or  organization.   The
         personnel  code  may  provide  for  reemployment  of
         employees  so laid off, giving consideration in both
         layoffs  and  reemployment  to  performance  record,
         seniority in service, and impact on achieving  equal
         employment opportunity goals.
              (J)  Any  employee  with  career service status
         shall be discharged or  suspended  without  pay  for
         more  than  30  days  only  for  cause and only upon
         written charges for the discharge or suspension. The
         employee shall have an  opportunity  to  appeal  the
         action  to  the  personnel  board  and  to receive a
         hearing before the  personnel  board  or  a  hearing
         officer  appointed  by it. The district may suspend,
         without pay, the charged employee pending a  hearing
         and  determination  of  an  appeal  by the personnel
         board.  All final administrative  decisions  by  the
         personnel  board discharging or suspending, for more
         than 30 days, an employee with career service status
         are   subject   to   judicial   review   under   the
         Administrative Review Law.
              (K)  The district shall extend, to persons  who
         are  working  in  a  position in which they lawfully
         acquired civil service status  by  virtue  of  being
         examined  under  the  Park System Civil Service Act,
         career  service  status  in  that  position  without
         further examination.
              (L)  In filling any  position  subject  to  the
         jurisdiction of the personnel board and not exempted
         under  paragraph (3) of subsection (c), the district
         shall  take  no  account,   whether   favorably   or
         unfavorably,    of    any    candidate's   political
         affiliation,  political  preferences  or  views,  or
         service to any political party or organization.  The
         district  shall  maintain  procedures  through which
         employees  may  complain  of  violations   of   this
         prohibition   and   through  which  any  established
         violation may be corrected.
              (M)  The district shall provide, by rule of the
         personnel board, by collective bargaining agreements
         with   the   appropriate    collective    bargaining
         representatives,  or both, for continued recognition
         of any right acquired on  or  before  the  effective
         date  of  this amendatory Act of 1991 by an employee
         of the district to be employed or reemployed, as the
         result of a layoff or a recall,  in  a  position  in
         which  the  employee  previously  held civil service
         status. Those  previously  acquired  rights  may  be
         modified  by  mutual  agreement between the district
         and   the    appropriate    collective    bargaining
         representative.
              (N)  The  code  shall  provide  that in filling
         vacancies, the district will follow  the  provisions
         of  any  lawful  affirmative action plan approved by
         the board of commissioners.
              (O)  The  code   shall   set   forth   specific
         standards  of employee performance that all district
         employees shall be required to follow.
         (5)  The code shall  provide  for  the  preparation,
    maintenance,  and  revision  by  the personnel board of a
    position  classification  plan  for  all   positions   of
    employment  within  the  district, based on similarity of
    duties   performed,   responsibilities   assigned,    and
    conditions  of  employment,  so that the same schedule of
    pay may be equitably applied to all positions in the same
    class.  Every class of positions shall  have  a  position
    description  approved  by the personnel board, specifying
    the duties expected of the occupant of the position,  the
    minimum   requirements   of   education,   training,   or
    experience  required  for  the  position,  and  any other
    information the personnel board by rule may prescribe for
    inclusion in  the  position  descriptions.   No  position
    shall be filled, and no salary or other remuneration paid
    to an occupant of a position, until the position has been
    incorporated  by  the  personnel  board into the position
    classification plan.
         (6)  The code shall  provide  for  the  preparation,
    maintenance,  and  revision  of a pay plan.  The pay plan
    shall be approved, and  all  revisions  to  it  shall  be
    approved,  by  the  board of commissioners.  The pay plan
    shall assign rates of pay to  each  position  within  the
    approved  position  classification  plan of the district.
    No salary for any position of employment in the  district
    shall  be  paid  unless  and until that position has been
    lawfully included in  the  pay  plan.   Nothing  in  this
    Section shall relieve the district from the obligation to
    bargain over rates of pay under the Illinois Public Labor
    Relations  Act  or  any  other statute that regulates the
    labor relations of the district.
         (7)  The code shall provide that  no  disbursing  or
    auditing  officer  of  the district shall make or approve
    any payment for personal service to any person holding  a
    position  in  the  service  of  the  district  unless the
    payroll voucher or  account  of  the  payment  bears  the
    certification   of   the   Director  of  Human  Resources
    Superintendent  of  Employment  that  each  person  named
    therein has been appointed  and  employed  in  accordance
    with  the  provisions  of  the  personnel  code  and  the
    provisions  of  this Section.  The certification shall be
    based either upon verification of the individual items in
    each payroll period  or  upon  procedures  developed  for
    avoiding  unnecessary  repetitive verification when other
    evidence of compliance with applicable laws and rules  is
    available.  The  procedures  may  be  based either upon a
    continuation  of  payroll   preparation   by   individual
    departments   or  upon  the  use  of  a  central  payroll
    preparation  unit.   The  Director  of  Human   Resources
    Superintendent  of Employment shall furnish the personnel
    board with a copy of each payroll as certified.
(Source: P.A. 87-354; 87-895.)

    Section  10.  The  Park  District  Code  is  amended   by
changing Sections 10-7, 10-7a, 10-7b, and 10-7c as follows:

    (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
    Sec. 10-7.  Sale, lease, or exchange of realty.
    (a)  Any park district owning and holding any real estate
is  authorized to sell or lease such property to another unit
of Illinois State or local government, or to lease  upon  the
terms and at the price that the board determines for a period
not to exceed 99 years to any corporation organized under the
laws  of  this  State,  in  either  case  for public use, and
provided that the grantee or lessee  covenants  to  hold  and
maintain  such  property  for  public  park  or  recreational
purposes or such park district obtains other real property of
substantially  the  same  size or larger and of substantially
the same or greater suitability  for  park  purposes  without
additional cost to such district.
    (b)  Any  park district owning or holding any real estate
is authorized to convey such property  to  a  nongovernmental
entity  in  exchange for other real property of substantially
equal or greater value as determined by 2 appraisals  of  the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
    Prior  to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order  to  consider
the  proposed  conveyance.   Notice  of such meeting shall be
published not less than  three  times  (the  first  and  last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then such notice shall be posted in not
less than 3 public places in  said  park  district  and  such
notice  shall  not  become effective until 10 days after said
publication or posting.
    (c)  Notwithstanding any other  provision  of  this  Act,
this  subsection  (c) shall apply only to park districts that
serve territory within a municipality having more than 40,000
inhabitants and within a  county  having  more  than  260,000
inhabitants  and  bordering  the Mississippi River.  Any park
district owning or holding real estate is authorized to  sell
that  property  to  any  not-for-profit corporation organized
under the laws of this State  upon  the  condition  that  the
corporation uses the property for public park or recreational
programs  for  youth.  The park district shall have the right
of re-entry for  breach  of  condition  subsequent.   If  the
corporation  stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or  recreational
programs for youth is not a breach of condition subsequent.
    Prior  to  the  sale  of the property to a not-for-profit
corporation, the park board shall hold a  public  meeting  to
consider  the  proposed sale.  Notice of the meeting shall be
published  not  less  than  3  times  (the  first  and   last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then  the notice shall be posted in not
less than 3 public places in the park district.   The  notice
shall  be  published  or  posted  at least 10 days before the
meeting.  A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a  majority
of the park board.
    (d)  Real  estate,  not subject to such covenant or which
has not been  conveyed  and  replaced  as  provided  in  this
Section,  may  be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
    (e)  In addition to any  other  power  provided  in  this
Section, any park district owning or holding real estate that
the  board  deems  is  not  required for park or recreational
purposes may lease such real  estate  to  any  individual  or
entity and may collect rents therefrom.  Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
    (f)  Notwithstanding  any  other provision of law, if (i)
the real estate that a park district  with  a  population  of
3,000  or  less  transfers  by  lease,  license,  development
agreement,  or  other  means to any private entity is greater
than 70% of  the  district's  total  property  and  (ii)  the
current  use of the real estate will be substantially altered
by that private entity, the real estate may be conveyed  only
in  the  manner  provided  for  in Sections 10-7a, 10-7b, and
10-7c.
(Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.)

    (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
    Sec. 10-7a. When any park district owns  and  holds  such
real estate, and desires to sell the same under provisions of
Section  10-7  hereof  or  to transfer real estate subject to
subsection  (f)  of  Section  10-7,  the  board   shall,   by
four-fifths vote, adopt a resolution describing such property
and  in  and  by  said  resolution find and declare that said
property is no longer needed or useful for park purposes  and
that  it  intends  to  sell  or transfer the same. After said
resolution has been adopted the same shall be  published  not
less than 3 three times (the first and last publication being
not  less than 10 days apart) in a newspaper published and of
general circulation within the park  district,  if  there  be
such a paper. If there be no such newspaper, then publication
shall  be  in  some  newspaper of general circulation in such
district, if any, or if none, then such resolution  shall  be
posted  in  not  less than 3 three public places in said park
district and said resolution shall not become effective until
10 ten days after said publication or posting.
(Source: P.A. 77-554.)

    (70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
    Sec. 10-7b.  Such property, subject to the provisions  of
Section  10-7a,  shall  not be sold or transferred unless the
sale or transfer thereof is approved by  a  majority  of  the
voters  of  said  park  district  voting on the question at a
regular election.
(Source: P.A. 81-1489.)

    (70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
    Sec. 10-7c.   Upon  the  completion  of  the  publication
required by Section 10-7a the board shall either abandon said
sale  or  transfer  or  certify  the  question  to the proper
election officials, who shall submit the question of  selling
or  transferring  said  property  to  the voters of said park
district at a regular election in accordance to  the  general
election  law.  The proposition shall be in substantially the
following form:
-------------------------------------------------------------
    Shall the.... park district
(sell or transfer) sell the                      YES
following real estate.... (here describe  -------------------
land proposed to be sold or transferred)?           NO
-------------------------------------------------------------
Notice of such referendum shall be given and said  referendum
shall  be  conducted  in  the  manner provided by the general
election law, but such notice shall describe the property  to
be sold.
    If a majority of the electors voting on the question vote
in  the affirmative, the park district may thereafter sell or
transfer the real estate.
(Source: P.A. 81-1489.)

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

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