[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ 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 thatsuchproperty 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 casefor public use., and provided thatThe 16 grantee or lessee must covenantcovenantsto hold and 17 maintain thesuchproperty for public park or recreational 18 purposes unless theor suchpark 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 thesuchdistrict. 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.)