State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0423

HB0833 Enrolled                                LRB9102026DHmg

    AN ACT to  amend  the  Park  District  Code  by  changing
Section 10-7.

    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 to sell or lease such property to another  unit
of  Illinois  State or local government, or to lease upon the
terms and at the price that the board determines for a period
not to exceed 99 years to  any  not  for  profit  corporation
organized  under  the  laws of this State, in either case for
public use, and provided that the grantee or lessee covenants
to hold  and  maintain  such  property  for  public  park  or
recreational  purposes  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 such district.
    (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.
(Source: P.A. 89-458,  eff.  5-24-96;  89-509,  eff.  7-5-96;
90-14, eff. 7-1-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

[ Top ]