Public Act 097-0648
 
SB1226 EnrolledLRB097 06467 NHT 46549 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Section 
34-21.1 as follows:
 



    (105 ILCS 5/34-21.1)  (from Ch. 122, par. 34-21.1)



    Sec. 34-21.1. Additional powers. In addition to other 
powers and
authority now possessed by it, the board shall have 
power:

    (1) To lease from any public building commission created 
pursuant to the
provisions of the Public Building Commission 
Act, approved July 5, 1955, as
heretofore or hereafter amended 
or from any individuals, partnerships or
corporations, any real 
or personal property for the purpose of securing
space for its 
school purposes or office or other space for its
administrative 
functions for a period of time not exceeding 40 years.

    (2) To pay for the use of this leased property in 
accordance with the
terms of the lease and with the provisions 
of the Public Building
Commission Act, approved July 5, 1955, 
as heretofore or hereafter amended.

    (3) Such lease may be entered into without making a 
previous
appropriation for the expense thereby incurred; 
provided, however, that if
the board undertakes to pay all or 
any part of the costs of operating and
maintaining the property 
of a public building commission as authorized in
subparagraph 
(4) of this Section, such expenses of operation and
maintenance 
shall be included in the annual budget of such board annually

during the term of such undertaking.

    (4) In addition, the board may undertake, either in the 
lease with a
public building commission or by separate 
agreement or contract with a
public building commission, to pay 
all or any part of the costs of
maintaining and operating the 
property of a public building commission for
any period of time 
not exceeding 40 years.

    (5) To enter into agreements, including lease and lease 
purchase
agreements having a term not longer than 40 years from 
the date on which
such agreements are entered into, with 
private sector individuals,
partnerships, or corporations for 
the construction of school buildings,
school administrative 
offices, site development, and school support
facilities.  The 
board shall maintain exclusive possession of all schools,

school administrative offices, and school facilities which it 
is occupying
or acquiring pursuant to any such lease or lease 
purchase agreement, and in
addition shall have and exercise 
complete control over the education
program conducted at such 
schools, offices and facilities.  The board's
contribution 
under any such agreement shall be limited to the use of the

real estate and existing improvements on a rental basis which 
shall be
exempt from any form of leasehold tax or assessment, 
but the interests of
the board may be subordinated to the 
interests of a mortgage holder or
holders acquired as security 
for additional improvements made on the property.

    (6) To make payments on a lease or lease purchase agreement 
entered into
pursuant to subparagraph (5) of this Section with 
an individual,
partnership, or a corporation for school 
buildings, school administrative
offices, and school support 
facilities constructed by such individual,
partnership, or 
corporation.

    (7) To purchase the interests of an individual, 
partnership, or
corporation pursuant to any lease or lease 
purchase agreement entered into
by the board pursuant to 
subparagraph (5) of this Section, and to assume or
retire any 
outstanding debt or obligation relating to such lease or lease

purchase agreement for any school building, school 
administrative office,
or school support facility.

    (8) Subject to the provisions of subparagraph (9) of this 
Section,
to enter into agreements, including lease and lease 
purchase
agreements, having a term not longer than 40 years 
from the date on which
such agreements are entered into for the 
provision of school buildings and
related property and 
facilities for an agricultural science school.
The enrollment 
in such school shall be limited to 720 600 students, and no 
less than 50% of the total number of enrollment positions in 
each incoming class must be reserved for students who live 
within proximity to the school.  "Proximity to the school" means 
all areas within the existing city limits of Chicago located 
south of 87th Street (8700 South) and west of Wood Street (1800 
West). Under
such agreements the board shall have exclusive 
possession of all such
school buildings and related property 
and facilities which it is occupying
or acquiring pursuant to 
any such agreements, and in addition shall have
and exercise 
complete control over the educational program conducted at
such 
school. Under such agreements the board also may lease to 
another
party to such agreement real estate and existing 
improvements which are
appropriate and available for use as 
part of the necessary school buildings
and related property and 
facilities for an agricultural science school.
Any interest 
created by such a lease shall be exempt from any form of

leasehold tax or assessment, and the interests of the board as 
owner or
lessor of property covered by such a lease may be 
subordinated to the
interests of a mortgage holder or holders 
acquired as security for
additional improvements made on the 
property. In addition, but subject to
the provisions of 
subparagraph (9) of this Section, the board is
authorized: (i) 
to pay for the use of school buildings and related
property and 
facilities for an agricultural science school as provided for

in an agreement entered into pursuant to this subparagraph (8) 
and to enter
into any such agreement without making a previous 
appropriation for the
expense thereby incurred; and (ii) to 
enter into agreements to purchase any
ownership interests in 
any school buildings and related property and
facilities 
subject to any agreement entered into by the board pursuant to

this subparagraph (8) and to assume or retire any outstanding 
debt or
obligation relating to such school buildings and 
related property and
facilities.

    (9) Notwithstanding the provisions of subparagraph (8) of 
this Section
or any other law, the board shall not at any time 
on or after the effective
date of this amendatory Act of 1991 
enter into any new lease or lease
purchase agreement, or amend 
or modify any existing lease, lease purchase
or other agreement 
entered into pursuant to subparagraph
(8), covering all or any 
part of the property or facilities, consisting of
78.85 acres 
more or less, heretofore purchased or otherwise acquired by the

board for an agricultural science school; nor shall the board 
enter into any
agreement on or after the effective date of this 
amendatory Act of 1991 to
sell, lease, transfer or otherwise 
convey all or any part of the property so
purchased or 
acquired, nor any of the school buildings or related facilities

thereon, but the same shall be held, used, occupied and 
maintained by the board
solely for the purpose of conducting 
and operating
an agricultural science school.  The board shall 
not, on or after the
effective date of this amendatory Act of 
1991, enter into any contracts or
agreements for the 
construction, alteration or modification of any new or
existing 
school buildings or related facilities or structural 
improvements
on any part of the 78.85 acres purchased or 
otherwise acquired by the board
for agricultural science school 
purposes,
excepting only those contracts or agreements that are 
entered into by the
board for the construction, alteration or 
modification of such school
buildings, related facilities or 
structural improvements that on the
effective date of this 
amendatory Act of 1991 are either located upon,
under 
construction upon or scheduled under existing plans and 
specifications
to be constructed upon a parcel of land, 
consisting of 17.45 acres more or
less and measuring 
approximately 880 feet along its northerly and southerly

boundaries and 864 feet along its easterly and westerly 
boundaries, located
in the northeast part of the 78.85 acres.  
Nothing in this subparagraph (9)
shall be deemed or construed 
to alter, modify, impair or otherwise affect
the terms and 
provisions of, nor the rights and obligations of the parties

under any agreement or contract made and entered into by the 
board prior to
the effective date of this amendatory Act (i) 
for the acquisition, lease or
lease purchase of, or for the 
construction, alteration or modification of
any school 
buildings, related facilities or structural improvements upon

all or any part of the 78.85 acres purchased or acquired by the 
board for
agricultural science school purposes, or (ii) for the 
lease by the board of
an irregularly shaped parcel, consisting 
of 23.19 acres more or less, of
that 78.85 acres for park board 
purposes.

(Source: P.A. 91-357, eff. 7-29-99.)

  
 

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