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| [ Introduced ] | [ House Amendment 001 ] |
90_HB2471eng
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
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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 (1) to give, sell, or lease such property to
11 the State of Illinois or another unit of Illinois State or
12 local government for public use, or (2) to lease such
13 property upon the terms and at the price that the board
14 determines for a period not to exceed 99 years to any not for
15 profit corporation organized under the laws of this State, in
16 either case for public use., and provided that The grantee
17 or lessee must covenant covenants to hold and maintain the
18 such property for public park or recreational purposes. In
19 the case of property given or sold under this subsection
20 after the effective date of this amendatory Act of 1998, the
21 conveyance must provide that ownership of the property
22 automatically reverts to the grantor if the grantee knowingly
23 violates the required covenant by allowing all or any part of
24 the property to be used for other than park or recreational
25 purposes. In the case of property leased under this
26 subsection after the effective date of this amendatory Act of
27 1998, the lease agreement must provide that the lease is
28 breached and the grantor has a right to immediate possession
29 of the property if the grantee knowingly allows all or any
30 part of the property to be used for other than park or
31 recreational purposes. However, the requirements of this
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1 subsection relating to exclusive use of the property for park
2 or recreational purposes do not apply if, in the course of
3 the same or a related transaction, the or such park district
4 obtains other real property of substantially the same size or
5 larger and of substantially the same or greater suitability
6 for park purposes without additional cost to the such
7 district.
8 (b) Any park district owning or holding any real estate
9 is authorized to convey such property to a nongovernmental
10 entity in exchange for other real property of substantially
11 equal or greater value as determined by 2 appraisals of the
12 property and of substantially the same or greater suitability
13 for park purposes without additional cost to such district.
14 Prior to such exchange with a nongovernmental entity the
15 park board shall hold a public meeting in order to consider
16 the proposed conveyance. Notice of such meeting shall be
17 published not less than three times (the first and last
18 publication being not less than 10 days apart) in a newspaper
19 of general circulation within the park district. If there is
20 no such newspaper, then such notice shall be posted in not
21 less than 3 public places in said park district and such
22 notice shall not become effective until 10 days after said
23 publication or posting.
24 (c) Notwithstanding any other provision of this Act,
25 this subsection (c) shall apply only to park districts that
26 serve territory within a municipality having more than 40,000
27 inhabitants and within a county having more than 260,000
28 inhabitants and bordering the Mississippi River. Any park
29 district owning or holding real estate is authorized to sell
30 that property to any not-for-profit corporation organized
31 under the laws of this State upon the condition that the
32 corporation uses the property for public park or recreational
33 programs for youth. The park district shall have the right
34 of re-entry for breach of condition subsequent. If the
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1 corporation stops using the property for these purposes, the
2 property shall revert back to ownership of the park district.
3 Any temporary suspension of use caused by the construction of
4 improvements on the property for public park or recreational
5 programs for youth is not a breach of condition subsequent.
6 Prior to the sale of the property to a not-for-profit
7 corporation, the park board shall hold a public meeting to
8 consider the proposed sale. Notice of the meeting shall be
9 published not less than 3 times (the first and last
10 publication being not less than 10 days apart) in a newspaper
11 of general circulation within the park district. If there is
12 no such newspaper, then the notice shall be posted in not
13 less than 3 public places in the park district. The notice
14 shall be published or posted at least 10 days before the
15 meeting. A resolution to approve the sale of the property to
16 a not-for-profit corporation requires adoption by a majority
17 of the park board.
18 (d) Real estate, not subject to such covenant or which
19 has not been conveyed and replaced as provided in this
20 Section, may be conveyed in the manner provided by Sections
21 10-7a to 10-7d hereof, inclusive.
22 (e) In addition to any other power provided in this
23 Section, any park district owning or holding real estate that
24 the board deems is not required for park or recreational
25 purposes may lease such real estate to any individual or
26 entity and may collect rents therefrom. Such lease shall not
27 exceed 2 and one-half times the term of years provided for in
28 Section 8-15 governing installment purchase contracts.
29 (Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
30 90-14, eff. 7-1-97.)