Public Act 100-0963
 
HB5690 EnrolledLRB100 16710 WGH 31848 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. "An Act to provide for the sale of the Kaskaskia 
Commons,
upon the island of Kaskaskia, in the county of 
Randolph, and to create a
permanent fund for the inhabitants of 
said island out of the proceeds of
said sale, and to punish any 
person failing to comply with the provisions
thereof", filed 
June 16, 1909 (Laws 1909, p. 425), is amended by changing the 
title of the Act and adding
Section 0.1 as follows:

 


    (Laws 1909, p. 425, Act title)


An Act concerning to provide for the sale of the Kaskaskia 
Commons,
upon the island of Kaskaskia, in the county of 
Randolph, and to create a
permanent fund for the inhabitants of 
said island out of the proceeds of
said sale, and to punish any 
person failing to comply with the provisions
thereof.
 
    (Laws 1909, p. 425, Section 0.1 new)
    Sec. 0.1. On the effective date of this amendatory Act of 
the 100th General Assembly, all powers and duties previously 
granted the Land Commissioners of the Commons of Kaskaskia, or 
of the Kaskaskia Commons Permanent Fund, shall be transferred 
to the Kaskaskia Island Drainage and Levee District, in the 
County of Randolph, State of Illinois ("the District").  Any 
assets previously held by the Kaskaskia Commons Permanent Fund, 
real, tangible or intangible, shall be transferred, with real 
estate transferred by deed of conveyance, to the District.  The 
assets shall be used by the District for proper purposes as 
authorized and required by the Illinois Drainage Code or, in 
order to fulfill the original intent of the grant creating the 
Kaskaskia Commons, for educational purposes including, but not 
limited to, paying tuition and fees for Kaskaskia Island 
residents, establishing higher education scholarships, 
providing physical facilities for meetings and direct payments 
to educational institutions on behalf of residents.  Following 
the transfer of all assets to the District, the Kaskaskia 
Commons Permanent Fund shall be closed.
  
 
    (Laws 1909, p. 425, Sections 1 through 16 rep.)
    Section 10. "An Act to provide for the sale of the 
Kaskaskia Commons,
upon the island of Kaskaskia, in the county 
of Randolph, and to create a
permanent fund for the inhabitants 
of said island out of the proceeds of
said sale, and to punish 
any person failing to comply with the provisions
thereof", 
filed June 16, 1909 (Laws 1909, p. 425), is amended by 
repealing Sections 1 through 16.
 
    Section 15. The School Code is amended by changing Sections 
5-22 and  5-28 as follows:
 


    (105 ILCS 5/5-22)  (from Ch. 122, par. 5-22)




    Sec. 5-22. Sales of school sites, buildings or other real 
estate. When, in the opinion of the school board, a school 
site, or portion
thereof, building, or site with building 
thereon or any other real
estate of the district has become 
unnecessary, unsuitable, or
inconvenient for a school or 
unnecessary for the uses of the district,
the school board, by 
a resolution adopted by at least two-thirds of the
board 
members, may sell or direct that the property be sold in the 
manner
provided
in the Local Government Property Transfer Act 
or in the manner
herein provided or, in the case of residential 
property constructed or renovated by students as part of a 
curricular program, may engage the services of a licensed real 
estate broker to sell the property for a commission not to 
exceed 7%, contingent on the public listing of the property on 
a multiple listing service for a minimum of 14 calendar days 
and the sale of the property within 120 days.
    Unless legal title to the land is held by the school
board, 
the school board shall forthwith notify the trustees of
schools 
or other school officials having legal title to such land of 
the
terms upon which they desire the property to be sold.
If 
the property is to be sold to another unit of local government 
or
school district, the school board, trustees of schools, or 
other school
officials
having legal title to the land shall 
proceed in the manner provided
in the Local Government Property 
Transfer Act. In all other cases, except if
the property is to 
be sold to a tenant that has leased the
property for 10 or more 
years and that tenant is a non-profit agency,
the school
board, 
trustees
of schools, or other school officials having legal 
title to the land shall,
within 60 days after adoption of the 
resolution (if the school board holds
legal title to the land), 
or within 60 days after the
trustees of school or other school 
officials having legal title receive the
notice (if the school 
board does not hold legal title to the land), sell the
property 
at public sale, by
auction or sealed bids, after first giving 
notice of the time, place, and terms
thereof by notice 
published once each week for 3 successive weeks prior to the

date of the sale if sale is by auction, or prior to the final 
date of
acceptance of bids if sale is by sealed bids, in a 
newspaper published in the
district or, if no such newspaper is 
published in the district, then in a
newspaper published in the 
county and having a general circulation in the
district; 
however, if territory containing a school site, building, or 
site
with building thereon, is detached from the school 
district of which it is a
part after proceedings have been 
commenced under this Section for the sale of
that school site, 
building, or site with building thereon, but before the sale
is 
held, then the school board, trustees of schools, or other 
school
officials having legal title shall not advertise or sell 
that
school site, building, or site with building thereon, 
pursuant to those
proceedings. The notices may be in the 
following form:

NOTICE OF SALE


    Notice is hereby given that on (insert date), the (here 
insert title of the school board, trustees of school, or
other 
school officials holding legal title) of (county)
(Township No. 
...., Range No. .... P.M. ....) will sell at public sale (use

applicable alternative) (at ......... (state location of sale 
which shall
be within the district), at .... ..M.,) (by taking 
sealed bids which shall be
accepted until .... ..M., on (insert 
date), at (here insert location where bids will be accepted 
which shall be
within the district) which bids will be opened 
at .... ..M. on (insert
date) at (here insert location where 
bids
will be opened which shall be within the district)) the 
following described
property: (here describe the property), 
which sale will be made on the
following terms to-wit: (here 
insert terms of sale)

....


....


....


(Here insert title of school


officials holding legal title)


 

    For purposes of determining "terms of sale" under this 
Section, the General
Assembly declares by this clarifying and 
amendatory Act of 1983 that "terms
of sale" are not limited to 
sales for cash only but include contracts for
deed, mortgages, 
and such other seller financed terms as may be specified
by the 
school board.

    If a school board specifies a reasonable minimum selling 
price and that
price is not met or if no bids are received, the 
school board may adopt a
resolution determining or directing 
that the services
of
a licensed real estate broker be engaged 
to sell the property for a
commission not to exceed 7%,

contingent on the sale of the property within 120 days.  If 
legal title to the
property is not held by the school board,

the trustees of schools or other school officials having legal 
title shall,
upon receipt of the resolution, engage the 
services of a licensed real estate
broker as directed in the 
resolution.
The board may accept a written offer equal to or 
greater than the established
minimum selling price for the 
described property. The services of a licensed
real estate 
broker may be utilized to seek a buyer. If the board lowers the

minimum selling price on the described property, the public 
sale procedures set
forth in this Section must be followed. The 
board may raise the minimum selling
price without repeating the 
public sale procedures.

    In the case of a sale of property to a tenant that has 
leased the
property for 10 or more years and that is a 
non-profit agency, an
appraisal is required prior to the sale.  
If the non-profit agency purchases
the property for less than 
the appraised value and subsequently sells the
property, the 
agency may retain only a percentage of the profits that is

proportional to the percentage of the appraisal,
plus any 
improvements made by the agency while the agency was the
owner,

that the agency paid in the initial sale.
 The remaining portion 
of the profits made by the non-profit agency
shall revert to 
the school district.

    The deed of conveyance shall be executed by the president 
and clerk
or secretary of the school board, trustees of 
schools, or other school
officials having legal title to the 
land, and the proceeds paid to the school
treasurer for the

benefit of the district; provided, that the proceeds of any 
such sale on
the island of Kaskaskia shall be paid to the State 
Treasurer for the use
of the district and shall be disbursed by 
him in the same manner as
income from the Kaskaskia Commons 
permanent school fund. The school
board shall use the proceeds 
from the sale first to pay the principal
and interest on any 
outstanding bonds on the property being sold, and
after all 
such bonds have been retired, the remaining proceeds from the

sale next shall be used by the school board to meet any urgent 
district needs
as determined under Sections 2-3.12 and 17-2.11 
and then for any other
authorized purpose and for deposit into 
any district fund.  But whenever the
school board of any school 
district determines that any schoolhouse site with
or without a 
building thereon is of no further use to the district, and 
agrees
with the school board of any other school district 
within the boundaries of
which the site is situated, upon the 
sale thereof to that district, and agrees
upon the price to be 
paid therefor, and the site is selected by the purchasing

district in the manner required by law, then after the payment 
of the
compensation the school board, township trustees, or 
other school
officials having legal title
to the land of the 
schools shall, by proper instrument in writing, convey the

legal title of the site to the school board of the purchasing 
district, or to
the
trustees of schools for the use of the 
purchasing district, in accordance
with law.  The provisions of 
this Section
shall not apply to any sale made pursuant to 
Section 5-23 or Section 5-24 or
Section 32-4.

(Source: P.A. 99-794, eff. 1-1-17.)

 



    (105 ILCS 5/5-28)  (from Ch. 122, par. 5-28)



    Sec. 5-28. Lease or sale of lands. The trustees of schools 
or township land commissioners may lease or sell
any lands that 
come into their possession in the manner described in
Sections 
5-26 or 5-27. When in their opinion it is to the best interest

of the schools of the township or district interested in any 
such lands
that they be sold, the trustees shall adopt a 
resolution to such effect and
in such resolution shall specify 
the time, place and terms of sale. The
sale shall be at public 
auction and the trustees shall give notice thereof
by 
publishing notice once each week for three successive weeks 
prior to the
date of the sale in a newspaper published in the 
township to which the real
estate belongs, and if the lands to 
be sold lie outside of the township to
which they belong then 
such notice is to be published as herein provided in
a 
newspaper published in the township in which the land lies or, 
if no such
newspaper is published either in the township where 
the real estate belongs
or in the township where the land lies, 
then in a newspaper published in
the county and having a 
general circulation in the township affected. The
notices shall 
describe the property and state the time, place and terms of

the sale. The trustees have the right to reject any and all 
bids. Upon the
sale being made, deed of conveyance shall be 
executed by the president and
clerk of the trustees and the 
proceeds shall be paid to the township
treasurer for the 
benefit of the township or the district interested in the

lands; provided, that the proceeds of any such sale on the 
island of
Kaskaskia shall be paid to the State Treasurer for 
the use of such district
and shall be disbursed by him in the 
same manner as income from the
Kaskaskia Commons permanent 
school funds.

(Source: Laws 1961, p. 31.)