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91_HB4349
LRB9109335MWdvA
1 AN ACT to amend the Park District Code by changing
2 Sections 10-7, 10-7a, 10-7b, and 10-7c.
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 changing
6 Sections 10-7, 10-7a, 10-7b, and 10-7c 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 sell or lease such property to another unit
11 of Illinois State or local government, or to lease upon the
12 terms and at the price that the board determines for a period
13 not to exceed 99 years to any corporation organized under the
14 laws of this State, in either case for public use, and
15 provided that the grantee or lessee covenants to hold and
16 maintain such property for public park or recreational
17 purposes or such park district obtains other real property of
18 substantially the same size or larger and of substantially
19 the same or greater suitability for park purposes without
20 additional cost to such district.
21 (b) Any park district owning or holding any real estate
22 is authorized to convey such property to a nongovernmental
23 entity in exchange for other real property of substantially
24 equal or greater value as determined by 2 appraisals of the
25 property and of substantially the same or greater suitability
26 for park purposes without additional cost to such district.
27 Prior to such exchange with a nongovernmental entity the
28 park board shall hold a public meeting in order to consider
29 the proposed conveyance. Notice of such meeting shall be
30 published not less than three times (the first and last
31 publication being not less than 10 days apart) in a newspaper
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1 of general circulation within the park district. If there is
2 no such newspaper, then such notice shall be posted in not
3 less than 3 public places in said park district and such
4 notice shall not become effective until 10 days after said
5 publication or posting.
6 (c) Notwithstanding any other provision of this Act,
7 this subsection (c) shall apply only to park districts that
8 serve territory within a municipality having more than 40,000
9 inhabitants and within a county having more than 260,000
10 inhabitants and bordering the Mississippi River. Any park
11 district owning or holding real estate is authorized to sell
12 that property to any not-for-profit corporation organized
13 under the laws of this State upon the condition that the
14 corporation uses the property for public park or recreational
15 programs for youth. The park district shall have the right
16 of re-entry for breach of condition subsequent. If the
17 corporation stops using the property for these purposes, the
18 property shall revert back to ownership of the park district.
19 Any temporary suspension of use caused by the construction of
20 improvements on the property for public park or recreational
21 programs for youth is not a breach of condition subsequent.
22 Prior to the sale of the property to a not-for-profit
23 corporation, the park board shall hold a public meeting to
24 consider the proposed sale. Notice of the meeting shall be
25 published not less than 3 times (the first and last
26 publication being not less than 10 days apart) in a newspaper
27 of general circulation within the park district. If there is
28 no such newspaper, then the notice shall be posted in not
29 less than 3 public places in the park district. The notice
30 shall be published or posted at least 10 days before the
31 meeting. A resolution to approve the sale of the property to
32 a not-for-profit corporation requires adoption by a majority
33 of the park board.
34 (d) Real estate, not subject to such covenant or which
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1 has not been conveyed and replaced as provided in this
2 Section, may be conveyed in the manner provided by Sections
3 10-7a to 10-7d hereof, inclusive.
4 (e) In addition to any other power provided in this
5 Section, any park district owning or holding real estate that
6 the board deems is not required for park or recreational
7 purposes may lease such real estate to any individual or
8 entity and may collect rents therefrom. Such lease shall not
9 exceed 2 and one-half times the term of years provided for in
10 Section 8-15 governing installment purchase contracts.
11 (f) Notwithstanding any other provision of law, if (i)
12 the real estate that a park district leases to any private
13 entity is greater than 25 acres or 50% of the district's
14 property and (ii) the current use of the real estate will be
15 substantially altered by that private entity, the real estate
16 may be conveyed only in the manner provided for in Sections
17 10-7a, 10-7b, and 10-7c.
18 (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.)
19 (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
20 Sec. 10-7a. When any park district owns and holds such
21 real estate, and desires to sell the same under provisions of
22 Section 10-7 hereof or to lease real estate subject to
23 subsection (f) of Section 10-7, the board shall, by
24 four-fifths vote, adopt a resolution describing such property
25 and in and by said resolution find and declare that said
26 property is no longer needed or useful for park purposes and
27 that it intends to sell or lease the same. After said
28 resolution has been adopted the same shall be published not
29 less than 3 three times (the first and last publication being
30 not less than 10 days apart) in a newspaper published and of
31 general circulation within the park district, if there be
32 such a paper. If there be no such newspaper, then publication
33 shall be in some newspaper of general circulation in such
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1 district, if any, or if none, then such resolution shall be
2 posted in not less than 3 three public places in said park
3 district and said resolution shall not become effective until
4 10 ten days after said publication or posting.
5 (Source: P.A. 77-554.)
6 (70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
7 Sec. 10-7b. Such property, subject to the provisions of
8 Section 10-7a, shall not be sold or leased unless the sale or
9 lease thereof is approved by a majority of the voters of said
10 park district voting on the question at a regular election.
11 (Source: P.A. 81-1489.)
12 (70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
13 Sec. 10-7c. Upon the completion of the publication
14 required by Section 10-7a the board shall either abandon said
15 sale or lease or certify the question to the proper election
16 officials, who shall submit the question of selling or
17 leasing said property to the voters of said park district at
18 a regular election in accordance to the general election law.
19 The proposition shall be in substantially the following form:
20 -------------------------------------------------------------
21 Shall the.... park district
22 (sell or lease) sell the YES
23 following real estate.... (here describe -------------------
24 land proposed to be sold or leased)? NO
25 -------------------------------------------------------------
26 Notice of such referendum shall be given and said referendum
27 shall be conducted in the manner provided by the general
28 election law, but such notice shall describe the property to
29 be sold.
30 If a majority of the electors voting on the question vote
31 in the affirmative, the park district may thereafter sell or
32 lease the real estate.
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1 (Source: P.A. 81-1489.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.