Full Text of SB0728 99th General Assembly
SB0728 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0728 Introduced 2/3/2015, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/11-76-2 | from Ch. 24, par. 11-76-2 |
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Amends the Illinois Municipal Code. Provides that a municipality that has acquired real estate following demolition shall, prior to disposing of the property, publish notice or may post such notice on its website not less than 30 days before the day provided in the notice for the opening of bids for the real estate. Sets forth the information that must be posted to the municipality's website concerning such notice requirements. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-76-2 as follows:
| 6 | | (65 ILCS 5/11-76-2) (from Ch. 24, par. 11-76-2)
| 7 | | Sec. 11-76-2.
An ordinance directing a sale, or a lease of | 8 | | real estate for
any term in excess of 20 years, shall specify | 9 | | the location of the real
estate, the use thereof, and such | 10 | | conditions with respect to further use of
the real estate as | 11 | | the corporate authorities may deem necessary and
desirable to | 12 | | the public interest. Before the corporate authorities of a
city | 13 | | or village make a sale, by virtue of such an ordinance, notice | 14 | | of the
proposal to sell shall be published once each week for 3 | 15 | | successive weeks
in a daily or weekly paper published in the | 16 | | city or village, or if there is
none, then in some paper | 17 | | published in the county in which the city or
village is | 18 | | located. The first publication shall be not less than 30 days
| 19 | | before the day provided in the notice for the opening of bids | 20 | | for the real
estate. The notice shall contain an accurate | 21 | | description of the property,
state the purpose for which it is | 22 | | used and at what meeting the bids will be
considered and | 23 | | opened, and shall advertise for bids therefor. All such bids
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| 1 | | shall be opened only at a regular meeting of the corporate | 2 | | authorities. The
corporate authorities may accept the high bid | 3 | | or any other bid determined
to be in the best interest of the | 4 | | city or village by a vote of 3/4 of the
corporate authorities | 5 | | then holding office, but by a majority vote of those
holding | 6 | | office, they may reject any and all bids. The consideration for
| 7 | | such a sale may include but need not be limited to the | 8 | | provision of
off-street parking facilities by the purchaser, | 9 | | which parking facilities
may be made part of the municipal | 10 | | parking system. Such consideration also
may include the | 11 | | provision of other public facilities by the purchaser.
| 12 | | Before the corporate authorities of the city or village | 13 | | make a lease of
real estate for a term in excess of 20 years, | 14 | | they shall give notice of
intent to adopt such an ordinance. | 15 | | The notice must be published at least
once in a daily or weekly | 16 | | newspaper published in the city or village, and
if there is | 17 | | none, then in some paper published in the county in which the
| 18 | | city or village is located. The publication must be not less | 19 | | than 15 nor
more than 30 days before the date on which it is | 20 | | proposed to adopt such an
ordinance. The notice must contain an | 21 | | accurate description of the property,
state the purpose for | 22 | | which it is used and the restrictions upon the
proposed use of | 23 | | the property to be leased. The corporate authorities may
| 24 | | negotiate the consideration and terms of such lease. Such | 25 | | consideration may
include the provision of off-street parking | 26 | | facilities by the lessee, which
parking facilities may be made |
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| 1 | | part of the municipal parking system. Such
consideration also | 2 | | may include the provision of other public facilities by
the | 3 | | lessee on the real estate acquired. The corporate authorities | 4 | | may
contract with the lessee for the use of a portion of a | 5 | | structure or
improvement to be constructed on the real estate | 6 | | leased.
| 7 | | If such real estate is utilized in part for private use and | 8 | | in part for
public use, those portions of the improvements | 9 | | devoted to private use are
fully taxable. The land shall be | 10 | | exempt from taxation to the extent that
the uses thereon are | 11 | | public and taxable to the extent that the uses are
private. The | 12 | | taxable portion of the land is that percentage of the land's
| 13 | | total assessed valuation that the private development thereon | 14 | | bears to the
total development thereon. Nothing in this Section | 15 | | prevents the corporate
authorities from determining to sell or | 16 | | lease such property to the highest
responsible bidder. The | 17 | | corporate authorities may provide by ordinance for
the | 18 | | procedure to be followed in securing bids for the sale or lease | 19 | | of the
subject property. The disposition of real estate | 20 | | acquired pursuant to (a)
Section 6 of the "Urban Community | 21 | | Conservation Act", approved July 13,
1953, as now or hereafter | 22 | | amended, (b) Sections 12, 22 and 31 of the "Urban
Renewal | 23 | | Consolidation Act of 1961", approved August 15, 1961, as now or
| 24 | | hereafter amended, or (c) Division 11 of this Article by a | 25 | | municipality as
the Local Public Agency under an urban renewal | 26 | | program as defined therein,
is exempt from the requirements of |
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| 1 | | this Section. Additionally, leases to
persons or corporations | 2 | | of municipally-owned or operated airport lands,
buildings, | 3 | | structures or other facilities for the shelter, servicing,
| 4 | | manufacturing and repair of aircraft, aircraft parts or | 5 | | accessories, or for
receiving and discharging passengers and, | 6 | | or cargo, are exempt from the
requirements of this Section.
| 7 | | A municipality that has acquired real estate following | 8 | | demolition under Section 11-31-1 of this Code shall, prior to | 9 | | disposing of the property, publish notice as required by this | 10 | | Section, or may post such notice on its official website, not | 11 | | less than 30 days before the day provided in the notice for the | 12 | | opening of bids for the real estate. The notice on the | 13 | | municipality's website shall contain an accurate description | 14 | | of the property, state the purpose for which it is used or to | 15 | | be used, state at what meeting the bids will be considered and | 16 | | opened, and shall advertise for bids therefor. | 17 | | (Source: Laws 1968, p. 519.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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