Full Text of SB0728 99th General Assembly
SB0728sam003 99TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 3/25/2015
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| 1 | | AMENDMENT TO SENATE BILL 728
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 728 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | published in the county in which the city or
village is | 2 | | located. The first publication shall be not less than 30 days
| 3 | | before the day provided in the notice for the opening of bids | 4 | | for the real
estate. The notice shall contain an accurate | 5 | | description of the property,
state the purpose for which it is | 6 | | used and at what meeting the bids will be
considered and | 7 | | opened, and shall advertise for bids therefor. All such bids
| 8 | | shall be opened only at a regular meeting of the corporate | 9 | | authorities. The
corporate authorities may accept the high bid | 10 | | or any other bid determined
to be in the best interest of the | 11 | | city or village by a vote of 3/4 of the
corporate authorities | 12 | | then holding office, but by a majority vote of those
holding | 13 | | office, they may reject any and all bids. The consideration for
| 14 | | such a sale may include but need not be limited to the | 15 | | provision of
off-street parking facilities by the purchaser, | 16 | | which parking facilities
may be made part of the municipal | 17 | | parking system. Such consideration also
may include the | 18 | | provision of other public facilities by the purchaser.
| 19 | | Before the corporate authorities of the city or village | 20 | | make a lease of
real estate for a term in excess of 20 years, | 21 | | they shall give notice of
intent to adopt such an ordinance. | 22 | | The notice must be published at least
once in a daily or weekly | 23 | | newspaper published in the city or village, and
if there is | 24 | | none, then in some paper published in the county in which the
| 25 | | city or village is located. The publication must be not less | 26 | | than 15 nor
more than 30 days before the date on which it is |
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| 1 | | proposed to adopt such an
ordinance. The notice must contain an | 2 | | accurate description of the property,
state the purpose for | 3 | | which it is used and the restrictions upon the
proposed use of | 4 | | the property to be leased. The corporate authorities may
| 5 | | negotiate the consideration and terms of such lease. Such | 6 | | consideration may
include the provision of off-street parking | 7 | | facilities by the lessee, which
parking facilities may be made | 8 | | part of the municipal parking system. Such
consideration also | 9 | | may include the provision of other public facilities by
the | 10 | | lessee on the real estate acquired. The corporate authorities | 11 | | may
contract with the lessee for the use of a portion of a | 12 | | structure or
improvement to be constructed on the real estate | 13 | | leased.
| 14 | | If such real estate is utilized in part for private use and | 15 | | in part for
public use, those portions of the improvements | 16 | | devoted to private use are
fully taxable. The land shall be | 17 | | exempt from taxation to the extent that
the uses thereon are | 18 | | public and taxable to the extent that the uses are
private. The | 19 | | taxable portion of the land is that percentage of the land's
| 20 | | total assessed valuation that the private development thereon | 21 | | bears to the
total development thereon. Nothing in this Section | 22 | | prevents the corporate
authorities from determining to sell or | 23 | | lease such property to the highest
responsible bidder. The | 24 | | corporate authorities may provide by ordinance for
the | 25 | | procedure to be followed in securing bids for the sale or lease | 26 | | of the
subject property. The disposition of real estate |
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| 1 | | acquired pursuant to (a)
Section 6 of the "Urban Community | 2 | | Conservation Act", approved July 13,
1953, as now or hereafter | 3 | | amended, (b) Sections 12, 22 and 31 of the "Urban
Renewal | 4 | | Consolidation Act of 1961", approved August 15, 1961, as now or
| 5 | | hereafter amended, or (c) Division 11 of this Article by a | 6 | | municipality as
the Local Public Agency under an urban renewal | 7 | | program as defined therein,
is exempt from the requirements of | 8 | | this Section. Additionally, leases to
persons or corporations | 9 | | of municipally-owned or operated airport lands,
buildings, | 10 | | structures or other facilities for the shelter, servicing,
| 11 | | manufacturing and repair of aircraft, aircraft parts or | 12 | | accessories, or for
receiving and discharging passengers and, | 13 | | or cargo, are exempt from the
requirements of this Section.
| 14 | | A municipality with a population of under 1,000,000 that | 15 | | has acquired fee simple title to real estate, free of liens | 16 | | except liens held by the municipality, following demolition | 17 | | under Section 11-31-1 of this Code may dispose of the property | 18 | | without further notice under this Article, but in full | 19 | | compliance with notice requirements of the Open Meetings Act, | 20 | | if the municipality, by ordinance, determines that the fair | 21 | | market value of the real estate is less than $5,000, that an | 22 | | adjoining landowner is willing to purchase the real estate, and | 23 | | that the adjoining landowner has not been the subject of | 24 | | building or public health violations in the preceding 12 | 25 | | months. | 26 | | (Source: Laws 1968, p. 519.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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