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91_HB4349eng HB4349 Engrossed 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 HB4349 Engrossed -2- LRB9109335MWdvA 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 HB4349 Engrossed -3- LRB9109335MWdvA 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 with a population of 13 3,000 or less transfers by lease, license, development 14 agreement, or other means to any private entity is greater 15 than 70% of the district's total property and (ii) the 16 current use of the real estate will be substantially altered 17 by that private entity, the real estate may be conveyed only 18 in the manner provided for in Sections 10-7a, 10-7b, and 19 10-7c. 20 (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.) 21 (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a) 22 Sec. 10-7a. When any park district owns and holds such 23 real estate, and desires to sell the same under provisions of 24 Section 10-7 hereof or to transfer real estate subject to 25 subsection (f) of Section 10-7, the board shall, by 26 four-fifths vote, adopt a resolution describing such property 27 and in and by said resolution find and declare that said 28 property is no longer needed or useful for park purposes and 29 that it intends to sell or transfer the same. After said 30 resolution has been adopted the same shall be published not 31 less than 3threetimes (the first and last publication being 32 not less than 10 days apart) in a newspaper published and of 33 general circulation within the park district, if there be HB4349 Engrossed -4- LRB9109335MWdvA 1 such a paper. If there be no such newspaper, then publication 2 shall be in some newspaper of general circulation in such 3 district, if any, or if none, then such resolution shall be 4 posted in not less than 3threepublic places in said park 5 district and said resolution shall not become effective until 6 10tendays after said publication or posting. 7 (Source: P.A. 77-554.) 8 (70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b) 9 Sec. 10-7b. Such property, subject to the provisions of 10 Section 10-7a, shall not be sold or transferred unless the 11 sale or transfer thereof is approved by a majority of the 12 voters of said park district voting on the question at a 13 regular election. 14 (Source: P.A. 81-1489.) 15 (70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c) 16 Sec. 10-7c. Upon the completion of the publication 17 required by Section 10-7a the board shall either abandon said 18 sale or transfer or certify the question to the proper 19 election officials, who shall submit the question of selling 20 or transferring said property to the voters of said park 21 district at a regular election in accordance to the general 22 election law. The proposition shall be in substantially the 23 following form: 24 ------------------------------------------------------------- 25 Shall the.... park district 26 (sell or transfer)sellthe YES 27 following real estate.... (here describe ------------------- 28 land proposed to be sold or transferred)? NO 29 ------------------------------------------------------------- 30 Notice of such referendum shall be given and said referendum 31 shall be conducted in the manner provided by the general 32 election law, but such notice shall describe the property to HB4349 Engrossed -5- LRB9109335MWdvA 1 be sold. 2 If a majority of the electors voting on the question vote 3 in the affirmative, the park district may thereafter sell or 4 transfer the real estate. 5 (Source: P.A. 81-1489.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.