Full Text of SB1273 101st General Assembly
SB1273eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 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 changing | 5 | | 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 is | 9 | | authorized
(1) to
sell or lease that property to the State of
| 10 | | Illinois, with the State's consent, or
another unit of Illinois | 11 | | State or local
government for public use, (2) to
give the | 12 | | property to the State of Illinois if the property is contiguous | 13 | | to a
State park, or (3)
to lease that property upon the
terms | 14 | | and at the
price that the board
determines for a period not to | 15 | | exceed 99 years to any
corporation organized under the laws of | 16 | | this State, for
public
use. The grantee or lessee must covenant | 17 | | to hold and maintain
the property for public park or | 18 | | recreational purposes unless
the park district
obtains other | 19 | | real property of substantially the same size or larger and of
| 20 | | substantially the same or greater suitability for park purposes | 21 | | without
additional cost to the district.
In the case of | 22 | | property given
or sold under this subsection after the | 23 | | effective date of this amendatory Act
of the 92nd General |
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| 1 | | Assembly for which this covenant is required, the
conveyance | 2 | | must provide that
ownership of the property automatically | 3 | | reverts to the grantor if the grantee
knowingly violates the | 4 | | required covenant by allowing all or any part of the
property | 5 | | to be used for purposes other than park or recreational | 6 | | purposes.
Real estate given, sold, or leased to the State of | 7 | | Illinois under this
subsection (1) must be 50 acres
or more in | 8 | | size, (2) may not be located within the territorial limits of a
| 9 | | municipality, and (3) may
not be the site of a known | 10 | | environmental liability or hazard.
| 11 | | (b) Any park district owning or holding any real estate
is | 12 | | authorized to convey such property to a nongovernmental entity | 13 | | in exchange
for other real property of substantially equal or | 14 | | greater value as determined
by 2 appraisals of the property and | 15 | | of substantially the same or greater
suitability for park | 16 | | purposes without additional cost to such district.
| 17 | | Prior to such exchange with a nongovernmental entity the | 18 | | park board shall
hold a public meeting in order to consider the | 19 | | proposed conveyance. Notice
of such meeting shall be published | 20 | | not less than three times (the first
and last publication being | 21 | | not less than 10 days apart) in a newspaper
of general | 22 | | circulation within the park district. If there is no such
| 23 | | newspaper, then such notice shall be posted in not less than 3 | 24 | | public places
in said park district and such notice shall not | 25 | | become effective until 10 days
after said publication or | 26 | | posting.
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| 1 | | (c) Notwithstanding any other provision of this Act, this | 2 | | subsection (c)
shall apply only to park districts that serve
| 3 | | territory within a municipality having more than 40,000 | 4 | | inhabitants and
within a county having more than 260,000 | 5 | | inhabitants and bordering the Mississippi River. Any park | 6 | | district owning or holding
real estate is
authorized to sell | 7 | | that property to any not-for-profit corporation organized
| 8 | | under the laws of this State upon the condition that the | 9 | | corporation uses the
property for public park or recreational | 10 | | programs for youth. The park district
shall have the right of | 11 | | re-entry for breach of condition subsequent. If the
corporation | 12 | | stops using the property for these purposes, the property shall
| 13 | | revert back to ownership of the park district. Any temporary | 14 | | suspension of use
caused by the construction of improvements on | 15 | | the property for public park or
recreational programs for youth | 16 | | is not a breach of condition subsequent.
| 17 | | Prior to the sale of the property to a not-for-profit | 18 | | corporation, the park
board shall hold a public meeting to | 19 | | consider the proposed sale. Notice of the
meeting shall be | 20 | | published not less than 3 times (the first and last
publication | 21 | | being not less than 10 days apart) in a newspaper of general
| 22 | | circulation within the park district. If there is no such | 23 | | newspaper, then the
notice shall be posted in not less than 3 | 24 | | public places in the park district.
The notice shall be | 25 | | published or posted at least 10 days before the meeting. A
| 26 | | resolution to approve the sale of the property to a |
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| 1 | | not-for-profit corporation
requires adoption by a majority of | 2 | | the park board.
| 3 | | (d) Real estate, not subject to such covenant or which has | 4 | | not been conveyed
and replaced as provided in this Section, may | 5 | | be conveyed in the manner
provided by Sections 10-7a to 10-7d | 6 | | hereof, inclusive.
| 7 | | (d-5) Notwithstanding any provision of law to the contrary | 8 | | and in addition to the means provided by Sections 10-7a, 10-7b, | 9 | | 10-7c, and 10-7d, real estate, not subject to a covenant | 10 | | required under subsection (a) or not conveyed and replaced as | 11 | | provided under subsection (a), may be conveyed to another unit | 12 | | of local government or school district if the park district | 13 | | board approves the sale to the unit of local government or | 14 | | school district by a four-fifths vote and: (i) the park | 15 | | district is situated wholly within the corporate limits of that | 16 | | unit of local government or school district; or (ii) the real | 17 | | estate is conveyed for a price not less than the appraised | 18 | | value of the real estate as determined by the average of 3 | 19 | | written MAI certified appraisals or by the average of 3 written | 20 | | certified appraisals of State certified or licensed real estate | 21 | | appraisers. | 22 | | (e) In addition to any other power provided in this | 23 | | Section, any park
district owning or holding real estate that | 24 | | the board deems is not required for
park or recreational | 25 | | purposes may lease such real estate to any individual or
entity | 26 | | and may collect rents therefrom. Such lease shall not exceed 2 |
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| 1 | | and
one-half times the term of years provided for in Section | 2 | | 8-15 governing
installment purchase contracts.
| 3 | | (f) Notwithstanding any other provision of law, if (i) the | 4 | | real estate
that a park district with a population of 3,000 or | 5 | | less transfers by lease,
license, development agreement, or | 6 | | other means to any private entity is greater
than 70%
of the | 7 | | district's total property and (ii) the current use of the real | 8 | | estate
will
be substantially altered by that private entity, | 9 | | the real estate may be
conveyed only in the manner provided for | 10 | | in Sections 10-7a, 10-7b, and 10-7c.
| 11 | | (Source: P.A. 91-423, eff. 8-6-99; 91-918, eff. 7-7-00; 92-401, | 12 | | eff.
1-1-02.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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