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91_SB1425ham003
LRB9111447MWpcam
1 AMENDMENT TO SENATE BILL 1425
2 AMENDMENT NO. . Amend Senate Bill 1425 on page 14,
3 immediately below line 1, by inserting the following:
4 "Section 10. The Park District Code is amended by
5 changing Sections 10-7, 10-7a, 10-7b, and 10-7c 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 to sell or lease such property to another unit
10 of Illinois State or local government, or to lease upon the
11 terms and at the price that the board determines for a period
12 not to exceed 99 years to any corporation organized under the
13 laws of this State, in either case for public use, and
14 provided that the grantee or lessee covenants to hold and
15 maintain such property for public park or recreational
16 purposes or such park district obtains other real property of
17 substantially the same size or larger and of substantially
18 the same or greater suitability for park purposes without
19 additional cost to such district.
20 (b) Any park district owning or holding any real estate
21 is authorized to convey such property to a nongovernmental
22 entity in exchange for other real property of substantially
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1 equal or greater value as determined by 2 appraisals of the
2 property and of substantially the same or greater suitability
3 for park purposes without additional cost to such district.
4 Prior to such exchange with a nongovernmental entity the
5 park board shall hold a public meeting in order to consider
6 the proposed conveyance. Notice of such meeting shall be
7 published not less than three times (the first and last
8 publication being not less than 10 days apart) in a newspaper
9 of general circulation within the park district. If there is
10 no such newspaper, then such notice shall be posted in not
11 less than 3 public places in said park district and such
12 notice shall not become effective until 10 days after said
13 publication or posting.
14 (c) Notwithstanding any other provision of this Act,
15 this subsection (c) shall apply only to park districts that
16 serve territory within a municipality having more than 40,000
17 inhabitants and within a county having more than 260,000
18 inhabitants and bordering the Mississippi River. Any park
19 district owning or holding real estate is authorized to sell
20 that property to any not-for-profit corporation organized
21 under the laws of this State upon the condition that the
22 corporation uses the property for public park or recreational
23 programs for youth. The park district shall have the right
24 of re-entry for breach of condition subsequent. If the
25 corporation stops using the property for these purposes, the
26 property shall revert back to ownership of the park district.
27 Any temporary suspension of use caused by the construction of
28 improvements on the property for public park or recreational
29 programs for youth is not a breach of condition subsequent.
30 Prior to the sale of the property to a not-for-profit
31 corporation, the park board shall hold a public meeting to
32 consider the proposed sale. Notice of the meeting shall be
33 published not less than 3 times (the first and last
34 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 the notice shall be posted in not
3 less than 3 public places in the park district. The notice
4 shall be published or posted at least 10 days before the
5 meeting. A resolution to approve the sale of the property to
6 a not-for-profit corporation requires adoption by a majority
7 of the park board.
8 (d) Real estate, not subject to such covenant or which
9 has not been conveyed and replaced as provided in this
10 Section, may be conveyed in the manner provided by Sections
11 10-7a to 10-7d hereof, inclusive.
12 (e) In addition to any other power provided in this
13 Section, any park district owning or holding real estate that
14 the board deems is not required for park or recreational
15 purposes may lease such real estate to any individual or
16 entity and may collect rents therefrom. Such lease shall not
17 exceed 2 and one-half times the term of years provided for in
18 Section 8-15 governing installment purchase contracts.
19 (f) Notwithstanding any other provision of law, if (i)
20 the real estate that a park district with a population of
21 3,000 or less transfers by lease, license, development
22 agreement, or other means to any private entity is greater
23 than 70% of the district's total property and (ii) the
24 current use of the real estate will be substantially altered
25 by that private entity, the real estate may be conveyed only
26 in the manner provided for in Sections 10-7a, 10-7b, and
27 10-7c.
28 (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.)
29 (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
30 Sec. 10-7a. When any park district owns and holds such
31 real estate, and desires to sell the same under provisions of
32 Section 10-7 hereof or to transfer real estate subject to
33 subsection (f) of Section 10-7, the board shall, by
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1 four-fifths vote, adopt a resolution describing such property
2 and in and by said resolution find and declare that said
3 property is no longer needed or useful for park purposes and
4 that it intends to sell or transfer the same. After said
5 resolution has been adopted the same shall be published not
6 less than 3 three times (the first and last publication being
7 not less than 10 days apart) in a newspaper published and of
8 general circulation within the park district, if there be
9 such a paper. If there be no such newspaper, then publication
10 shall be in some newspaper of general circulation in such
11 district, if any, or if none, then such resolution shall be
12 posted in not less than 3 three public places in said park
13 district and said resolution shall not become effective until
14 10 ten days after said publication or posting.
15 (Source: P.A. 77-554.)
16 (70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
17 Sec. 10-7b. Such property, subject to the provisions of
18 Section 10-7a, shall not be sold or transferred unless the
19 sale or transfer thereof is approved by a majority of the
20 voters of said park district voting on the question at a
21 regular election.
22 (Source: P.A. 81-1489.)
23 (70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
24 Sec. 10-7c. Upon the completion of the publication
25 required by Section 10-7a the board shall either abandon said
26 sale or transfer or certify the question to the proper
27 election officials, who shall submit the question of selling
28 or transferring said property to the voters of said park
29 district at a regular election in accordance to the general
30 election law. The proposition shall be in substantially the
31 following form:
32 -------------------------------------------------------------
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1 Shall the.... park district
2 (sell or transfer) sell the YES
3 following real estate.... (here describe -------------------
4 land proposed to be sold or transferred)? NO
5 -------------------------------------------------------------
6 Notice of such referendum shall be given and said referendum
7 shall be conducted in the manner provided by the general
8 election law, but such notice shall describe the property to
9 be sold.
10 If a majority of the electors voting on the question vote
11 in the affirmative, the park district may thereafter sell or
12 transfer the real estate.
13 (Source: P.A. 81-1489.)".