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| Public Act 100-0399 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
34-21.1 as follows:
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(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
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Sec. 34-21.1. Additional powers. In addition to other | ||||
powers and
authority now possessed by it, the board shall have | ||||
power:
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(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
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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.
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(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.
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(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
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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.
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(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
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any period of time not exceeding 40 years.
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(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,
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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
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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
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holders acquired as security for additional improvements | ||
made on the property.
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(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,
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partnership, or corporation.
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(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.
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(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 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). In | ||
addition to the other authorizations in this paragraph (8), | ||
a maximum of 80 additional students may be enrolled in the | ||
agricultural science school's significantly modified | ||
curriculum for diverse learners, commonly known as the | ||
special education cluster program. Under
such agreements | ||
the board shall have exclusive possession of all such
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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
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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
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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.
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(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
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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
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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
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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
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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
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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.
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(Source: P.A. 97-648, eff. 12-30-11.)
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