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92nd General Assembly

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Public Act 92-0401

SB915 Enrolled                                LRB9208011MWpkA

    AN ACT concerning park districts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Park  District  Code  is  amended  by
changing Section 10-7 as follows:

    (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
    Sec. 10-7.  Sale, lease, or exchange of realty.
    (a)  Any park district owning and holding any real estate
is  authorized (1) to sell or lease that such property to the
State of Illinois, with the State's consent, or another  unit
of  Illinois State or local government for public use, (2) to
give the property to the State of Illinois if the property is
contiguous to a State park, or (3)  to  lease  that  property
upon the terms and at the price that the board determines for
a  period not to exceed 99 years to any corporation organized
under the laws of this State, in either case for public use.,
and  provided  that  The  grantee  or  lessee  must  covenant
covenants to hold and maintain the such property  for  public
park  or  recreational  purposes  unless  the  or  such  park
district  obtains  other  real  property of substantially the
same size or larger and of substantially the same or  greater
suitability  for park purposes without additional cost to the
such district. In the case of property given  or  sold  under
this  subsection  after the effective date of this amendatory
Act of the 92nd General Assembly for which this  covenant  is
required,  the  conveyance must provide that ownership of the
property automatically reverts to the grantor if the  grantee
knowingly  violates  the required covenant by allowing all or
any part of the property to be used for purposes  other  than
park  or  recreational  purposes. Real estate given, sold, or
leased to the State of Illinois  under  this  subsection  (1)
must  be  50  acres  or  more in size, (2) may not be located
within the territorial limits of a municipality, and (3)  may
not be the site of a known environmental liability or hazard.
    (b)  Any  park district owning or holding any real estate
is authorized to convey such property  to  a  nongovernmental
entity  in  exchange for other real property of substantially
equal or greater value as determined by 2 appraisals  of  the
property and of substantially the same or greater suitability
for park purposes without additional cost to such district.
    Prior  to such exchange with a nongovernmental entity the
park board shall hold a public meeting in order  to  consider
the  proposed  conveyance.   Notice  of such meeting shall be
published not less than  three  times  (the  first  and  last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then such notice shall be posted in not
less than 3 public places in  said  park  district  and  such
notice  shall  not  become effective until 10 days after said
publication or posting.
    (c)  Notwithstanding any other  provision  of  this  Act,
this  subsection  (c) shall apply only to park districts that
serve territory within a municipality having more than 40,000
inhabitants and within a  county  having  more  than  260,000
inhabitants  and  bordering  the Mississippi River.  Any park
district owning or holding real estate is authorized to  sell
that  property  to  any  not-for-profit corporation organized
under the laws of this State  upon  the  condition  that  the
corporation uses the property for public park or recreational
programs  for  youth.  The park district shall have the right
of re-entry for  breach  of  condition  subsequent.   If  the
corporation  stops using the property for these purposes, the
property shall revert back to ownership of the park district.
Any temporary suspension of use caused by the construction of
improvements on the property for public park or  recreational
programs for youth is not a breach of condition subsequent.
    Prior  to  the  sale  of the property to a not-for-profit
corporation, the park board shall hold a  public  meeting  to
consider  the  proposed sale.  Notice of the meeting shall be
published  not  less  than  3  times  (the  first  and   last
publication being not less than 10 days apart) in a newspaper
of general circulation within the park district.  If there is
no  such  newspaper,  then  the notice shall be posted in not
less than 3 public places in the park district.   The  notice
shall  be  published  or  posted  at least 10 days before the
meeting.  A resolution to approve the sale of the property to
a not-for-profit corporation requires adoption by a  majority
of the park board.
    (d)  Real  estate,  not subject to such covenant or which
has not been  conveyed  and  replaced  as  provided  in  this
Section,  may  be conveyed in the manner provided by Sections
10-7a to 10-7d hereof, inclusive.
    (e)  In addition to any  other  power  provided  in  this
Section, any park district owning or holding real estate that
the  board  deems  is  not  required for park or recreational
purposes may lease such real  estate  to  any  individual  or
entity and may collect rents therefrom.  Such lease shall not
exceed 2 and one-half times the term of years provided for in
Section 8-15 governing installment purchase contracts.
    (f)  Notwithstanding  any  other provision of law, if (i)
the real estate that a park district  with  a  population  of
3,000  or  less  transfers  by  lease,  license,  development
agreement,  or  other  means to any private entity is greater
than 70% of  the  district's  total  property  and  (ii)  the
current  use of the real estate will be substantially altered
by that private entity, the real estate may be conveyed  only
in  the  manner  provided  for  in Sections 10-7a, 10-7b, and
10-7c.
(Source:  P.A.  90-14,  eff.  7-1-97;  91-423,  eff.  8-6-99;
91-918, eff. 7-7-00.)
    Passed in the General Assembly May 24, 2001.
    Approved August 16, 2001.

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