SB1273 EnrolledLRB101 04923 AWJ 51874 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 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 is
9authorized (1) to sell or lease that property to the State of
10Illinois, with the State's consent, or another unit of Illinois
11State or local government for public use, (2) to give the
12property to the State of Illinois if the property is contiguous
13to a State park, or (3) to lease that property upon the terms
14and at the price that the board determines for a period not to
15exceed 99 years to any corporation organized under the laws of
16this State, for public use. The grantee or lessee must covenant
17to hold and maintain the property for public park or
18recreational purposes unless the park district obtains other
19real property of substantially the same size or larger and of
20substantially the same or greater suitability for park purposes
21without additional cost to the district. In the case of
22property given or sold under this subsection after the
23effective date of this amendatory Act of the 92nd General

 

 

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1Assembly for which this covenant is required, the conveyance
2must provide that ownership of the property automatically
3reverts to the grantor if the grantee knowingly violates the
4required covenant by allowing all or any part of the property
5to be used for purposes other than park or recreational
6purposes. Real estate given, sold, or leased to the State of
7Illinois under this subsection (1) must be 50 acres or more in
8size, (2) may not be located within the territorial limits of a
9municipality, and (3) may not be the site of a known
10environmental liability or hazard.
11    (b) Any park district owning or holding any real estate is
12authorized to convey such property to a nongovernmental entity
13in exchange for other real property of substantially equal or
14greater value as determined by 2 appraisals of the property and
15of substantially the same or greater suitability for park
16purposes without additional cost to such district.
17    Prior to such exchange with a nongovernmental entity the
18park board shall hold a public meeting in order to consider the
19proposed conveyance. Notice of such meeting shall be published
20not less than three times (the first and last publication being
21not less than 10 days apart) in a newspaper of general
22circulation within the park district. If there is no such
23newspaper, then such notice shall be posted in not less than 3
24public places in said park district and such notice shall not
25become effective until 10 days after said publication or
26posting.

 

 

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1    (c) Notwithstanding any other provision of this Act, this
2subsection (c) shall apply only to park districts that serve
3territory within a municipality having more than 40,000
4inhabitants and within a county having more than 260,000
5inhabitants and bordering the Mississippi River. Any park
6district owning or holding real estate is authorized to sell
7that property to any not-for-profit corporation organized
8under the laws of this State upon the condition that the
9corporation uses the property for public park or recreational
10programs for youth. The park district shall have the right of
11re-entry for breach of condition subsequent. If the corporation
12stops using the property for these purposes, the property shall
13revert back to ownership of the park district. Any temporary
14suspension of use caused by the construction of improvements on
15the property for public park or recreational programs for youth
16is not a breach of condition subsequent.
17    Prior to the sale of the property to a not-for-profit
18corporation, the park board shall hold a public meeting to
19consider the proposed sale. Notice of the meeting shall be
20published not less than 3 times (the first and last publication
21being not less than 10 days apart) in a newspaper of general
22circulation within the park district. If there is no such
23newspaper, then the notice shall be posted in not less than 3
24public places in the park district. The notice shall be
25published or posted at least 10 days before the meeting. A
26resolution to approve the sale of the property to a

 

 

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1not-for-profit corporation requires adoption by a majority of
2the park board.
3    (d) Real estate, not subject to such covenant or which has
4not been conveyed and replaced as provided in this Section, may
5be conveyed in the manner provided by Sections 10-7a to 10-7d
6hereof, inclusive.
7    (d-5) Notwithstanding any provision of law to the contrary
8and in addition to the means provided by Sections 10-7a, 10-7b,
910-7c, and 10-7d, real estate, not subject to a covenant
10required under subsection (a) or not conveyed and replaced as
11provided under subsection (a), may be conveyed to another unit
12of local government or school district if the park district
13board approves the sale to the unit of local government or
14school district by a four-fifths vote and: (i) the park
15district is situated wholly within the corporate limits of that
16unit of local government or school district; or (ii) the real
17estate is conveyed for a price not less than the appraised
18value of the real estate as determined by the average of 3
19written MAI certified appraisals or by the average of 3 written
20certified appraisals of State certified or licensed real estate
21appraisers.
22    (e) In addition to any other power provided in this
23Section, any park district owning or holding real estate that
24the board deems is not required for park or recreational
25purposes may lease such real estate to any individual or entity
26and may collect rents therefrom. Such lease shall not exceed 2

 

 

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1and one-half times the term of years provided for in Section
28-15 governing installment purchase contracts.
3    (f) Notwithstanding any other provision of law, if (i) the
4real estate that a park district with a population of 3,000 or
5less transfers by lease, license, development agreement, or
6other means to any private entity is greater than 70% of the
7district's total property and (ii) the current use of the real
8estate will be substantially altered by that private entity,
9the real estate may be conveyed only in the manner provided for
10in Sections 10-7a, 10-7b, and 10-7c.
11(Source: P.A. 91-423, eff. 8-6-99; 91-918, eff. 7-7-00; 92-401,
12eff. 1-1-02.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.