State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]


92_SB0915eng

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

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