State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

92_SB0915enr

 
SB915 Enrolled                                LRB9208011MWpkA

 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 sell or lease that such property to the
10    State of Illinois, with the State's consent, or another  unit
11    of  Illinois State or local government for public use, (2) to
12    give the property to the State of Illinois if the property is
13    contiguous to a State park, or (3)  to  lease  that  property
14    upon the terms and at the price that the board determines for
15    a  period not to exceed 99 years to any corporation organized
16    under the laws of this State, in either case for public use.,
17    and  provided  that  The  grantee  or  lessee  must  covenant
18    covenants to hold and maintain the such property  for  public
19    park  or  recreational  purposes  unless  the  or  such  park
20    district  obtains  other  real  property of substantially the
21    same size or larger and of substantially the same or  greater
22    suitability  for park purposes without additional cost to the
23    such district. In the case of property given  or  sold  under
24    this  subsection  after the effective date of this amendatory
25    Act of the 92nd General Assembly for which this  covenant  is
26    required,  the  conveyance must provide that ownership of the
27    property automatically reverts to the grantor if the  grantee
28    knowingly  violates  the required covenant by allowing all or
29    any part of the property to be used for purposes  other  than
30    park  or  recreational  purposes. Real estate given, sold, or
31    leased to the State of Illinois  under  this  subsection  (1)
 
SB915 Enrolled             -2-                LRB9208011MWpkA
 1    must  be  50  acres  or  more in size, (2) may not be located
 2    within the territorial limits of a municipality, and (3)  may
 3    not be the site of a known environmental liability or hazard.
 4        (b)  Any  park district owning or holding any real estate
 5    is authorized to convey such property  to  a  nongovernmental
 6    entity  in  exchange for other real property of substantially
 7    equal or greater value as determined by 2 appraisals  of  the
 8    property and of substantially the same or greater suitability
 9    for park purposes without additional cost to such district.
10        Prior  to such exchange with a nongovernmental entity the
11    park board shall hold a public meeting in order  to  consider
12    the  proposed  conveyance.   Notice  of such meeting shall be
13    published not less than  three  times  (the  first  and  last
14    publication being not less than 10 days apart) in a newspaper
15    of general circulation within the park district.  If there is
16    no  such  newspaper,  then such notice shall be posted in not
17    less than 3 public places in  said  park  district  and  such
18    notice  shall  not  become effective until 10 days after said
19    publication or posting.
20        (c)  Notwithstanding any other  provision  of  this  Act,
21    this  subsection  (c) shall apply only to park districts that
22    serve territory within a municipality having more than 40,000
23    inhabitants and within a  county  having  more  than  260,000
24    inhabitants  and  bordering  the Mississippi River.  Any park
25    district owning or holding real estate is authorized to  sell
26    that  property  to  any  not-for-profit corporation organized
27    under the laws of this State  upon  the  condition  that  the
28    corporation uses the property for public park or recreational
29    programs  for  youth.  The park district shall have the right
30    of re-entry for  breach  of  condition  subsequent.   If  the
31    corporation  stops using the property for these purposes, the
32    property shall revert back to ownership of the park district.
33    Any temporary suspension of use caused by the construction of
34    improvements on the property for public park or  recreational
 
SB915 Enrolled             -3-                LRB9208011MWpkA
 1    programs for youth is not a breach of condition subsequent.
 2        Prior  to  the  sale  of the property to a not-for-profit
 3    corporation, the park board shall hold a  public  meeting  to
 4    consider  the  proposed sale.  Notice of the meeting shall be
 5    published  not  less  than  3  times  (the  first  and   last
 6    publication being not less than 10 days apart) in a newspaper
 7    of general circulation within the park district.  If there is
 8    no  such  newspaper,  then  the notice shall be posted in not
 9    less than 3 public places in the park district.   The  notice
10    shall  be  published  or  posted  at least 10 days before the
11    meeting.  A resolution to approve the sale of the property to
12    a not-for-profit corporation requires adoption by a  majority
13    of the park board.
14        (d)  Real  estate,  not subject to such covenant or which
15    has not been  conveyed  and  replaced  as  provided  in  this
16    Section,  may  be conveyed in the manner provided by Sections
17    10-7a to 10-7d hereof, inclusive.
18        (e)  In addition to any  other  power  provided  in  this
19    Section, any park district owning or holding real estate that
20    the  board  deems  is  not  required for park or recreational
21    purposes may lease such real  estate  to  any  individual  or
22    entity and may collect rents therefrom.  Such lease shall not
23    exceed 2 and one-half times the term of years provided for in
24    Section 8-15 governing installment purchase contracts.
25        (f)  Notwithstanding  any  other provision of law, if (i)
26    the real estate that a park district  with  a  population  of
27    3,000  or  less  transfers  by  lease,  license,  development
28    agreement,  or  other  means to any private entity is greater
29    than 70% of  the  district's  total  property  and  (ii)  the
30    current  use of the real estate will be substantially altered
31    by that private entity, the real estate may be conveyed  only
32    in  the  manner  provided  for  in Sections 10-7a, 10-7b, and
33    10-7c.
34    (Source:  P.A.  90-14,  eff.  7-1-97;  91-423,  eff.  8-6-99;
 
SB915 Enrolled             -4-                LRB9208011MWpkA
 1    91-918, eff. 7-7-00.)

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