DeKalb Park District (DPD) passed a resolution last summer to convey park property to City of DeKalb for its new city hall. The transfer has since occurred under an intergovernmental agreement (IGA) between the two.
City of DeKalb paid DPD a dollar for the property known as the Nehring building. Possibly illegally by ignoring the Park District Code of the Illinois Compiled Statutes. Definitely unfairly as we bear witness, for example, to DPD’s financial struggles to keep its golf courses open.
DPD acknowledges it must go to referendum to sell a golf course – there’s the Park District Code for you – but somehow a virtual freebie to the city under IGA is fine? What the two parties did was cite other authorities for the conveyance, the Local Government Property Transfer Act and the Intergovernmental Cooperation Act. Here’s what the Property Transfer Act says:
If such real estate shall be held by the transferor municipality without restriction, the said municipality shall have power to grant or convey such real estate or any portion thereof to the transferee municipality upon such terms as may be agreed upon by the corporate authorities of both municipalities…
“If…without restriction…” So, isn’t the next step to check the statutes that apply to the transferor to see what restrictions it might have? City of DeKalb might not have any restrictions, but the city is not the transferor. DPD is, and Article 10 of the Park District Code has a lot to say about it. Continue reading DeKalb Park District property transfer could use another look