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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB2471
70 ILCS 1205/10-7 from Ch. 105, par. 10-7
Amends the Park District Code. Provides that any park
district owning and holding real estate is authorized to
give, sell, or lease that property to the State of Illinois.
LRB9007018MWpcA
LRB9007018MWpcA
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
6 changing 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 give, sell, or lease such property to the
11 State of Illinois or another unit of Illinois State or local
12 government, or to lease upon the terms and at the price that
13 the board determines for a period not to exceed 99 years to
14 any not for profit corporation organized under the laws of
15 this State, in either case for public use, and provided that
16 the grantee or lessee covenants to hold and maintain such
17 property for public park or recreational purposes or such
18 park district obtains other real property of substantially
19 the same size or larger and of substantially the same or
20 greater suitability for park purposes without additional cost
21 to such district.
22 (b) Any park district owning or holding any real estate
23 is authorized to convey such property to a nongovernmental
24 entity in exchange for other real property of substantially
25 equal or greater value as determined by 2 appraisals of the
26 property and of substantially the same or greater suitability
27 for park purposes without additional cost to such district.
28 Prior to such exchange with a nongovernmental entity the
29 park board shall hold a public meeting in order to consider
30 the proposed conveyance. Notice of such meeting shall be
31 published not less than three times (the first and last
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1 publication being not less than 10 days apart) in a newspaper
2 of general circulation within the park district. If there is
3 no such newspaper, then such notice shall be posted in not
4 less than 3 public places in said park district and such
5 notice shall not become effective until 10 days after said
6 publication or posting.
7 (c) Notwithstanding any other provision of this Act,
8 this subsection (c) shall apply only to park districts that
9 serve territory within a municipality having more than 40,000
10 inhabitants and within a county having more than 260,000
11 inhabitants and bordering the Mississippi River. Any park
12 district owning or holding real estate is authorized to sell
13 that property to any not-for-profit corporation organized
14 under the laws of this State upon the condition that the
15 corporation uses the property for public park or recreational
16 programs for youth. The park district shall have the right
17 of re-entry for breach of condition subsequent. If the
18 corporation stops using the property for these purposes, the
19 property shall revert back to ownership of the park district.
20 Any temporary suspension of use caused by the construction of
21 improvements on the property for public park or recreational
22 programs for youth is not a breach of condition subsequent.
23 Prior to the sale of the property to a not-for-profit
24 corporation, the park board shall hold a public meeting to
25 consider the proposed sale. Notice of the meeting shall be
26 published not less than 3 times (the first and last
27 publication being not less than 10 days apart) in a newspaper
28 of general circulation within the park district. If there is
29 no such newspaper, then the notice shall be posted in not
30 less than 3 public places in the park district. The notice
31 shall be published or posted at least 10 days before the
32 meeting. A resolution to approve the sale of the property to
33 a not-for-profit corporation requires adoption by a majority
34 of the park board.
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1 (d) Real estate, not subject to such covenant or which
2 has not been conveyed and replaced as provided in this
3 Section, may be conveyed in the manner provided by Sections
4 10-7a to 10-7d hereof, inclusive.
5 (e) In addition to any other power provided in this
6 Section, any park district owning or holding real estate that
7 the board deems is not required for park or recreational
8 purposes may lease such real estate to any individual or
9 entity and may collect rents therefrom. Such lease shall not
10 exceed 2 and one-half times the term of years provided for in
11 Section 8-15 governing installment purchase contracts.
12 (Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
13 90-14, eff. 7-1-97.)