Bill Text: IL HB2073 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Park District Code. Provides that a park district may lease real estate that the board deems is not required for park or recreational purposes to any individual or entity as long as the lease does not exceed 4 and one-half times (rather than 2 and one-half times) the term of years under specified provisions governing installment purchase contracts. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0243 [HB2073 Detail]
Download: Illinois-2019-HB2073-Chaptered.html
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| Public Act 101-0243 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Park District Code is amended by changing | ||||
Section 10-7 as follows:
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(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
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Sec. 10-7. Sale, lease, or exchange of realty.
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(a) Any park district owning and holding any real estate is | ||||
authorized
(1) to
sell or lease that property to the State of
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Illinois, with the State's consent, or
another unit of Illinois | ||||
State or local
government for public use, (2) to
give the | ||||
property to the State of Illinois if the property is contiguous | ||||
to a
State park, or (3)
to lease that property upon the
terms | ||||
and at the
price that the board
determines for a period not to | ||||
exceed 99 years to any
corporation organized under the laws of | ||||
this State, for
public
use. The grantee or lessee must covenant | ||||
to hold and maintain
the property for public park or | ||||
recreational purposes unless
the park district
obtains other | ||||
real property of substantially the same size or larger and of
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substantially the same or greater suitability for park purposes | ||||
without
additional cost to the district.
In the case of | ||||
property given
or sold under this subsection after the | ||||
effective date of this amendatory Act
of the 92nd General | ||||
Assembly for which this covenant is required, the
conveyance | ||
must provide that
ownership of the property automatically | ||
reverts to the grantor if the grantee
knowingly violates the | ||
required covenant by allowing all or any part of the
property | ||
to be used for purposes other than park or recreational | ||
purposes.
Real estate given, sold, or leased to the State of | ||
Illinois under this
subsection (1) must be 50 acres
or more in | ||
size, (2) may not be located within the territorial limits of a
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municipality, and (3) may
not be the site of a known | ||
environmental liability or hazard.
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(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.
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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
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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.
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(c) Notwithstanding any other provision of this Act, this | ||
subsection (c)
shall apply only to park districts that serve
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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
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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
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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.
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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
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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
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resolution to approve the sale of the property to a | ||
not-for-profit corporation
requires adoption by a majority of | ||
the park board.
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(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.
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(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 4 | ||
2 and
one-half times the term of years provided for in Section | ||
8-15 governing
installment purchase contracts.
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(f) Notwithstanding any other provision of law, if (i) the | ||
real estate
that a park district with a population of 3,000 or | ||
less transfers by lease,
license, development agreement, or | ||
other means to any private entity is greater
than 70%
of the | ||
district's total property and (ii) the current use of the real | ||
estate
will
be substantially altered by that private entity, | ||
the real estate may be
conveyed only in the manner provided for | ||
in Sections 10-7a, 10-7b, and 10-7c.
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(Source: P.A. 91-423, eff. 8-6-99; 91-918, eff. 7-7-00; 92-401, | ||
eff.
1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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