Full Text of SB1226 97th General Assembly
SB1226eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 34-21.1 as follows:
| 6 | | (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
| 7 | | Sec. 34-21.1. Additional powers. In addition to other | 8 | | powers and
authority now possessed by it, the board shall have | 9 | | power:
| 10 | | (1) To lease from any public building commission created | 11 | | pursuant to the
provisions of the Public Building Commission | 12 | | Act, approved July 5, 1955, as
heretofore or hereafter amended | 13 | | or from any individuals, partnerships or
corporations, any real | 14 | | or personal property for the purpose of securing
space for its | 15 | | school purposes or office or other space for its
administrative | 16 | | functions for a period of time not exceeding 40 years.
| 17 | | (2) To pay for the use of this leased property in | 18 | | accordance with the
terms of the lease and with the provisions | 19 | | of the Public Building
Commission Act, approved July 5, 1955, | 20 | | as heretofore or hereafter amended.
| 21 | | (3) Such lease may be entered into without making a | 22 | | previous
appropriation for the expense thereby incurred; | 23 | | provided, however, that if
the board undertakes to pay all or |
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| 1 | | any part of the costs of operating and
maintaining the property | 2 | | of a public building commission as authorized in
subparagraph | 3 | | (4) of this Section, such expenses of operation and
maintenance | 4 | | shall be included in the annual budget of such board annually
| 5 | | during the term of such undertaking.
| 6 | | (4) In addition, the board may undertake, either in the | 7 | | lease with a
public building commission or by separate | 8 | | agreement or contract with a
public building commission, to pay | 9 | | all or any part of the costs of
maintaining and operating the | 10 | | property of a public building commission for
any period of time | 11 | | not exceeding 40 years.
| 12 | | (5) To enter into agreements, including lease and lease | 13 | | purchase
agreements having a term not longer than 40 years from | 14 | | the date on which
such agreements are entered into, with | 15 | | private sector individuals,
partnerships, or corporations for | 16 | | the construction of school buildings,
school administrative | 17 | | offices, site development, and school support
facilities. The | 18 | | board shall maintain exclusive possession of all schools,
| 19 | | school administrative offices, and school facilities which it | 20 | | is occupying
or acquiring pursuant to any such lease or lease | 21 | | purchase agreement, and in
addition shall have and exercise | 22 | | complete control over the education
program conducted at such | 23 | | schools, offices and facilities. The board's
contribution | 24 | | under any such agreement shall be limited to the use of the
| 25 | | real estate and existing improvements on a rental basis which | 26 | | shall be
exempt from any form of leasehold tax or assessment, |
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| 1 | | but the interests of
the board may be subordinated to the | 2 | | interests of a mortgage holder or
holders acquired as security | 3 | | for additional improvements made on the property.
| 4 | | (6) To make payments on a lease or lease purchase agreement | 5 | | entered into
pursuant to subparagraph (5) of this Section with | 6 | | an individual,
partnership, or a corporation for school | 7 | | buildings, school administrative
offices, and school support | 8 | | facilities constructed by such individual,
partnership, or | 9 | | corporation.
| 10 | | (7) To purchase the interests of an individual, | 11 | | partnership, or
corporation pursuant to any lease or lease | 12 | | purchase agreement entered into
by the board pursuant to | 13 | | subparagraph (5) of this Section, and to assume or
retire any | 14 | | outstanding debt or obligation relating to such lease or lease
| 15 | | purchase agreement for any school building, school | 16 | | administrative office,
or school support facility.
| 17 | | (8) Subject to the provisions of subparagraph (9) of this | 18 | | Section,
to enter into agreements, including lease and lease | 19 | | purchase
agreements, having a term not longer than 40 years | 20 | | from the date on which
such agreements are entered into for the | 21 | | provision of school buildings and
related property and | 22 | | facilities for an agricultural science school.
The enrollment | 23 | | in such school shall be limited to 720 600 students. Under
such | 24 | | agreements the board shall have exclusive possession of all | 25 | | such
school buildings and related property and facilities which | 26 | | it is occupying
or acquiring pursuant to any such agreements, |
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| 1 | | and in addition shall have
and exercise complete control over | 2 | | the educational program conducted at
such school. Under such | 3 | | agreements the board also may lease to another
party to such | 4 | | agreement real estate and existing improvements which are
| 5 | | appropriate and available for use as part of the necessary | 6 | | school buildings
and related property and facilities for an | 7 | | agricultural science school.
Any interest created by such a | 8 | | lease shall be exempt from any form of
leasehold tax or | 9 | | assessment, and the interests of the board as owner or
lessor | 10 | | of property covered by such a lease may be subordinated to the
| 11 | | interests of a mortgage holder or holders acquired as security | 12 | | for
additional improvements made on the property. In addition, | 13 | | but subject to
the provisions of subparagraph (9) of this | 14 | | Section, the board is
authorized: (i) to pay for the use of | 15 | | school buildings and related
property and facilities for an | 16 | | agricultural science school as provided for
in an agreement | 17 | | entered into pursuant to this subparagraph (8) and to enter
| 18 | | into any such agreement without making a previous appropriation | 19 | | for the
expense thereby incurred; and (ii) to enter into | 20 | | agreements to purchase any
ownership interests in any school | 21 | | buildings and related property and
facilities subject to any | 22 | | agreement entered into by the board pursuant to
this | 23 | | subparagraph (8) and to assume or retire any outstanding debt | 24 | | or
obligation relating to such school buildings and related | 25 | | property and
facilities.
| 26 | | (9) Notwithstanding the provisions of subparagraph (8) of |
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| 1 | | this Section
or any other law, the board shall not at any time | 2 | | on or after the effective
date of this amendatory Act of 1991 | 3 | | enter into any new lease or lease
purchase agreement, or amend | 4 | | or modify any existing lease, lease purchase
or other agreement | 5 | | entered into pursuant to subparagraph
(8), covering all or any | 6 | | part of the property or facilities, consisting of
78.85 acres | 7 | | more or less, heretofore purchased or otherwise acquired by the
| 8 | | board for an agricultural science school; nor shall the board | 9 | | enter into any
agreement on or after the effective date of this | 10 | | amendatory Act of 1991 to
sell, lease, transfer or otherwise | 11 | | convey all or any part of the property so
purchased or | 12 | | acquired, nor any of the school buildings or related facilities
| 13 | | thereon, but the same shall be held, used, occupied and | 14 | | maintained by the board
solely for the purpose of conducting | 15 | | and operating
an agricultural science school. The board shall | 16 | | not, on or after the
effective date of this amendatory Act of | 17 | | 1991, enter into any contracts or
agreements for the | 18 | | construction, alteration or modification of any new or
existing | 19 | | school buildings or related facilities or structural | 20 | | improvements
on any part of the 78.85 acres purchased or | 21 | | otherwise acquired by the board
for agricultural science school | 22 | | purposes,
excepting only those contracts or agreements that are | 23 | | entered into by the
board for the construction, alteration or | 24 | | modification of such school
buildings, related facilities or | 25 | | structural improvements that on the
effective date of this | 26 | | amendatory Act of 1991 are either located upon,
under |
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| 1 | | construction upon or scheduled under existing plans and | 2 | | specifications
to be constructed upon a parcel of land, | 3 | | consisting of 17.45 acres more or
less and measuring | 4 | | approximately 880 feet along its northerly and southerly
| 5 | | boundaries and 864 feet along its easterly and westerly | 6 | | boundaries, located
in the northeast part of the 78.85 acres. | 7 | | Nothing in this subparagraph (9)
shall be deemed or construed | 8 | | to alter, modify, impair or otherwise affect
the terms and | 9 | | provisions of, nor the rights and obligations of the parties
| 10 | | under any agreement or contract made and entered into by the | 11 | | board prior to
the effective date of this amendatory Act (i) | 12 | | for the acquisition, lease or
lease purchase of, or for the | 13 | | construction, alteration or modification of
any school | 14 | | buildings, related facilities or structural improvements upon
| 15 | | all or any part of the 78.85 acres purchased or acquired by the | 16 | | board for
agricultural science school purposes, or (ii) for the | 17 | | lease by the board of
an irregularly shaped parcel, consisting | 18 | | of 23.19 acres more or less, of
that 78.85 acres for park board | 19 | | purposes.
| 20 | | (Source: P.A. 91-357, eff. 7-29-99.)
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