Public Act 095-0604
 		





SB0434 Enrolled
LRB095 08927 HLH 29116 b






    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Director of Central Management Services is 
authorized to convey by Quit Claim Deed for $1 to the City of 
Chicago the following described real property: surplus 
property located within the area bordered by Oak Park Avenue, 
West Irving Park Road, North Narragansett Avenue, West Montrose 
Avenue, and Forest Preserve Drive, Chicago, Illinois; 
provided, however, that should the property fail to be used for 
any public purpose within  the first 10 years after the 
effective date of this amendatory Act of the 95th General 
Assembly or fail to be used at any time by the Grantee for 
public purposes, then title shall revert to the State of 
Illinois.
 
    Section 10. "An Act in relation to certain land", approved 
June 13, 2000, Public Act 91-824, is amended  by changing 
Section 20-10 as follows:
 
    (P.A. 91-824, Sec. 20-10)

    Sec. 20-10. The Director of Central Management Services is 
authorized to:


        (a) convey by quit claim deed for $1 buildings A & B of 
    the former Henry
Horner School property located on Oak Park 
    Ave, Chicago, Illinois to Maryville
Academy, provided 
    however that should the property fail to be used by 
    Maryville
Academy for
charitable or educational purposes, 
    the title shall revert to the State of
Illinois;


        (b) convey by quit claim deed  for $1 upon 
    identification and survey of a site mutually agreeable to 
    the
parties to New Horizon Center for the Developmentally 
    Disabled, provided that
should the property fail to be used 
    by New Horizon Center for the
Developmentally Disabled for 
    charitable or
educational purposes,
title shall revert to 
    the State of Illinois;


        (c) convey by Quit Claim Deed for $1 to the City of 
    Chicago the following
described real property:


        A PARCEL OF LAND, APPROXIMATELY 16,000 SQUARE FEET ON 
        AND ALONG THE NORTH
SIDE OF WEST IRVING PARK ROAD, 
        HAVING APPROXIMATELY 135 FEET OF FRONTAGE ON
SAID WEST 
        IRVING PARK ROAD AND A DEPTH OF APPROXIMATELY 125 FEET, 
        HAVING ITS
EASTERLY BOUNDARY PARALLEL TO AND 
        APPROXIMATELY 1,111 FEET WEST OF THE WEST
PROPERTY LINE 
        OF NORTH NARRAGANSETT AVENUE, AND ITS WESTERLY 
        BOUNDARY BEING
PARALLEL TO AND 135 FEET WEST OF THE 
        EASTERLY BOUNDARY LINE, ALL IN THE COUNTY
OF COOK AND 
        STATE OF ILLINOIS.


    Provided however, should the property fail to be used by 
    the Grantee for
public purposes, title shall revert to the 
    State of Illinois;


        (d) take steps to preserve, landscape, memorialize and 
    protect unmarked
historic cemetery grounds located by 
    archeological survey on the grounds of
Chicago Read Mental 
    Health Center. This subsection shall also allow the

    relocation of the remains pursuant to regulations and 
    procedures established by
the Historic Preservation Agency 
    when deemed necessary by the Director
of Central Management 
    Services. For the purpose of the relocation of such

    remains, the Secretary of Human Services is designated next 
    of kin when it is
not possible to definitively establish 
    the identity of any such remains;


        (e) (the General Assembly finds and declares that the 
    authorization under this subsection (e) as originally 
    enacted by Public Act 91-824 was never acted upon; and, 
    therefore, the provisions of that originally enacted 
    subsection (e) are rescinded by this amendatory Act of the 
    95th General Assembly)
in order to facilitate the 
    conveyances referenced in subsections (a)
and (b) after 
    consultation with the Secretary of Transportation, the

    Secretary of Human
Services, and the Director  of Commerce 
    and Community Affairs and upon
obtaining
necessary 
    appraisals, surveys, and environmental reports, and in 
    accordance
with
and in coordination with any pre-existing 
    redevelopment agreement,
convey title by quit claim deed to 
    Chicago
Read Joint Venture, Limited Partnership to surplus 
    property located within the
area bordered by Harlem Avenue, 
    West Irving Park Road, North Narragansett
Avenue, West 
    Montrose Avenue, and Forest Preserve Drive, Chicago, 
    Illinois, but
excluding the area comprised of the property 
    of the former Henry Horner School
and the property referred 
    to as the "Phase Three Property" under the Chicago

    Read-Dunning Redevelopment Agreement, at
fair market value 
    and on
such terms and conditions necessary to bring about 
    the orderly redevelopment of
such surplus property, 
    provided however that "surplus property" as described in

    this Section shall not include buildings and grounds 
    currently under the
jurisdiction of the Department of Human 
    Services unless specifically consented
to by the Secretary 
    of Human Services; and


        (f) accept replacement State facilities constructed
in 
    order to relocate State
operations located in facilities to 
    be replaced or otherwise transferred to
coordinate with 
    necessary redevelopment.


(Source: P.A. 91-824, eff. 1-1-01.)

 
    Section 15. The Director of Central Management Services 
shall obtain a certified copy of this Act within 60 days after 
its effective date, and shall record the certified document in 
the Recorder's Office in the county in which the land is 
located.
 
    Section 20. The Metropolitan Water Reclamation District 
Act is amended  by changing Sections 8 and 8c as follows:
 



    (70 ILCS 2605/8)  (from Ch. 42, par. 327)



    Sec. 8. Except as otherwise in this Act provided, the 
sanitary district
may acquire by lease, purchase or otherwise 
within or without its corporate
limits, or by condemnation 
within its corporate limits, any and all real
and personal 
property, right of way and privilege that may be required for

its corporate purposes. All moneys for the purchase and 
condemnation of
any property must be paid before possession is 
taken, or any work done on
the premises. In case of an appeal 
from the Court in which the condemnation
proceedings are 
pending, taken by either party, whereby the amount of damages

is not finally determined, the amount of the judgment in the 
court shall
be deposited with the county treasurer of the 
county in which the judgment
is rendered, subject to the 
payment of damages on orders signed by the judge
whenever the 
amount of damages is finally determined.

    Upon recommendation of the general superintendent and upon 
the
approval of the board of trustees when any real or personal 
property,
right of way or privilege or any interest therein, or 
any part thereof
of such sanitary district is no longer 
required for the corporate
purposes of the sanitary district it 
may be sold, vacated or released.
Such sales, vacations, or 
releases may be made subject to such
conditions and the 
retention of such interest therein as may be deemed
for the 
best interest of such sanitary district as recommended by the

general superintendent and approved by the board of trustees.

    However, the sanitary district may enter into a lease of a 
building
or a part thereof, or acquire title to a building 
already constructed or
to be constructed, for the purpose of 
securing office space for its
administrative corporate 
functions, the period of such lease not to
exceed 15 years 
except as authorized by the provisions of Section 8b of
this 
Act.  In the event of the purchase of such property for

administrative corporate functions, the sanitary district may 
execute a
mortgage or other documents of indebtedness as may be 
required for the
unpaid balance, to be paid in not more than 15 
annual installments.
Annual installments on the mortgage or 
annual payment on the lease shall
be considered a current 
corporate expense of the year in which they are
to be paid, and 
the amount of such annual installment or payment shall
be 
included in the Annual Appropriation and Corporate Tax Levy

Ordinances. Such expense may be incurred, notwithstanding the

provisions, if any applicable, contained in any other Sections 
of this
Act.

    The sanitary district may dedicate to the public for 
highway purposes
any of its real property and the dedications 
may be made subject to such
conditions and the retention of 
such interests therein as considered in
the best interests of 
the sanitary district by the board of trustees
upon 
recommendation of the general superintendent.

    The sanitary district may lease to others for any period of 
time, not
to exceed 99 years, upon the terms as its board of 
trustees upon
recommendation of the general superintendent may 
determine, any such
real property, right-of-way or privilege, 
or any interest therein or any
part thereof, which is in the 
opinion of the board of trustees and
general superintendent of 
the sanitary district no longer required for
its corporate 
purposes or which may not be immediately needed for such

purposes. The leases may contain such terms and conditions, 
including restrictions as to permissible use of the real 
property, and retain such
interests therein as considered in 
the best interests of the sanitary
district by the board of 
trustees upon recommendation of the general
superintendent. 
Negotiations and execution of such leases and
preparatory 
activities in connection therewith must comply with Section
8c 
of this Act. The sanitary district may grant easements and 
permits
for the use of any such real property, right-of-way, or 
privilege, which
will not in the opinion of the board of 
trustees and general
superintendent of the sanitary district 
interfere with the use thereof
by the sanitary district for its 
corporate purposes. Such easements and
permits may contain such 
conditions and retain such interests therein as
considered in 
the best interests of the sanitary district by the board
of 
trustees upon recommendation of the general superintendent.

    No sales, vacations, dedications for highway purposes, or 
leases for periods
in excess of 5 years, of the following 
described real estate, may be made
or granted by the sanitary 
district without the approval in writing of the
Director of 
Natural Resources of the State
of Illinois:

    All the right-of-way of the Calumet-Sag Channel of the 
sanitary
district extending from the Little Calumet River near 
Blue Island,
Illinois, to the right-of-way of the main channel 
of the sanitary
district near Sag, Illinois.

    Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89, 
89a, 90,
91, 130, 132, 133, those parts of Lots 134 and 139 
lying northeasterly
of a tract of land leased to the Corn 
Products Manufacturing Company
from January 1, 1908, to 
December 31, 2006; 1000 feet of Lot 141 lying
southwesterly of 
and adjoining the above mentioned leased tract measured

parallel with the main channel of the sanitary district; Lots 
166, 168,
207, 208, and part of Lot 211 lying northeasterly of 
a line 1500 feet
southwesterly of the center line of Stephen 
Street, Lemont, Illinois,
and parallel with said street 
measured parallel with said main channel;
and Lot 212 of the 
Sanitary District Trustees Subdivision of
right-of-way from 
the north and south center line of Section 30,
Township 39 
North, Range 14 East of the Third Principal Meridian, to
Will 
County line.

    That part of the right-of-way of the main channel of the 
sanitary
district in Section 14, Township 37 North, Range 11 
East of the Third
Principal Meridian, lying southerly of said 
main channel, northerly of
the Northerly Reserve Line of the 
Illinois and Michigan Canal, and
westerly of the Center line of 
the old channel of the Des Plaines River.

    That part of said main channel right-of-way in Section 35, 
Township
37 North, Range 10 East of the Third Principal 
Meridian, lying east of
said main channel and south of a line 
1,319.1 feet north of and parallel
with the south line of said 
Section 35.

    That part of said main channel right-of-way in the 
northeast quarter
of the northwest quarter of Section 2, 
Township 36 North, Range 10 East
of the Third Principal 
Meridian, lying east of said main channel.

    That part of said main channel right-of-way lying south of 
Ninth
Street in Lockport, Illinois.

    Notwithstanding any other law, if any surplus real
estate 
is located in an unincorporated territory and if that real 
estate is
contiguous to only one municipality, 60 days before 
the sale of that real
estate, the sanitary district shall 
notify in writing the contiguous
municipality of the proposed 
sale.  Prior to the sale of the real estate, the
municipality 
shall notify in writing the sanitary district that the

municipality will or will not annex the surplus real estate.  If 
the contiguous
municipality will annex such surplus real 
estate, then coincident with the
completion of the sale of that 
real estate by the sanitary district, that real
estate shall be 
automatically annexed to the contiguous municipality.

    All sales of real estate by the sanitary district must be 
for
cash, to the highest bidder upon open competitive bids, and 
the proceeds of
the sales may be
used only for the construction 
and equipment of sewage disposal plants, pumping
stations and 
intercepting sewers and appurtenances thereto, the
acquisition 
of sites and easements therefor, and the financing of the Local

Government Assistance Program established under Section 9.6c.

    However, the sanitary district may:

    (a) Remise, release, quit claim and convey, without the 
approval of the
Department of Natural Resources of the State
of 
Illinois acting by and through its Director, to the
United 
States of America without any consideration to be paid 
therefor,
in aid of the widening of the Calumet-Sag Channel of 
the sanitary district
by the United States of America, all 
those certain lands, tenements and
hereditaments of every kind 
and nature of that portion of the established
right-of-way of 
the Calumet-Sag Channel lying east of the east line of Ashland

Avenue, in Blue Island, Illinois, and south of the center line 
of the channel
except such portion thereof as is needed for the 
operation and maintenance
of and access to the controlling 
works lock of the sanitary district;

    (b) Without the approval of the Department of Natural 
Resources of the State of Illinois acting by and through its

Director, give and grant to
the United States of America 
without any consideration to be paid therefor
the right, 
privilege and authority to widen the Calumet-Sag Channel and 
for
that purpose to enter upon and use in the work of such 
widening and for the
disposal of spoil therefrom all that part 
of the right-of-way of the
Calumet-Sag Channel owned by the 
sanitary district lying south of the
center line of the 
Calumet-Sag Channel from its connection with the main
channel 
of the sanitary district to the east line of Ashland Avenue in 
Blue
Island, Illinois;

    (c) Make alterations to any structure made necessary by 
such
widening and to construct, reconstruct or otherwise alter 
the existing
highway bridges of the sanitary district across 
the Calumet-Sag Channel;

    (d) Give and grant to the United States of America without 
any
consideration to be paid therefor the right to maintain the 
widened
Calumet-Sag Channel without the occupation or use of or 
jurisdiction
over any property of the sanitary district 
adjoining and adjacent to
such widened channel;

    (e) Acquire by lease, purchase, condemnation or otherwise, 
whatever
land, easements or rights of way, not presently owned 
by it, that may be
required by the United States of America in 
constructing the Calumet-Sag
Navigation Project, as approved 
in Public Law 525, 79th Congress, Second
Session as described 
in House Document No. 677 for widening and dredging
the 
Calumet-Sag Channel, in improving the Little Calumet River 
between
the eastern end of the Sag Channel and Turning Basin 
No. 5, and in
improving the Calumet River between Calumet 
Harbor and Lake Calumet;

    (f) Furnish free of cost to the United States all lands, 
easements,
rights-of-way and soil disposal areas necessary for 
the new work and for
subsequent maintenance by the United 
States;

    (g) Provide for the necessary relocations of all utilities.

    Whatever land acquired by the sanitary district may 
thereafter be
determined by the Board of Trustees upon 
recommendation of the general
superintendent as not being 
needed by the United States for the purposes
of constructing 
and maintaining the Calumet-Sag Navigation Project as
above 
described, shall be retained by the sanitary district for its

corporate purposes, or be sold, with all convenient speed, 
vacated or
released (but not leased) as its Board of Trustees 
upon recommendation
of the general superintendent may 
determine: All sales of such real
estate must be for cash, to 
the highest bidder upon open, competitive
bids, and the 
proceeds of the sales may be used only for the purpose of

paying principal and interest upon the bonds authorized by this 
Act, and
if no bonds are then outstanding, for the purpose of 
paying principal
and interest upon any general obligation bonds 
of the sanitary district,
and for corporate purposes of the 
sanitary district.  When the proceeds
are used to pay bonds and 
interest, proper abatement shall be made in
the taxes next 
extended for such bonds and interest.

(Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96; 
90-568, eff.
1-1-99; 90-690, eff. 7-31-98.)

 



    (70 ILCS 2605/8c)  (from Ch. 42, par. 327c)


    Sec. 8c. Every lease of property no longer or not 
immediately
required for corporate purposes of a sanitary 
district, from such
district to others for a term not to exceed 
99 years, in accordance with
Section 8 of this Act, shall be 
negotiated, created and executed in the
following manner:

    (1) Notice of such proposed leasing shall be published for 
3
consecutive weeks in a newspaper of general circulation 
published in
such sanitary district, if any, and otherwise in 
the county containing
such district.

    (2) Prior to receipt of bids for the lease under this 
Section, the
fair market value of every parcel of real property 
to be leased must be
determined by 2 professional appraisers 
who are members of the American
Institute of Real Estate 
Appraisers or a similar, equivalently
recognized professional 
organization. The sanitary district acting
through the general 
superintendent may select and engage an additional
appraiser 
for such determination of fair market value. Every appraisal

report must contain an affidavit certifying the absence of any 
collusion
involving the appraiser and relating to the lease of 
such property.

    (3) No
Such lease must be awarded to the highest 
responsible bidder
(including established commercial or 
industrial concerns and financially
responsible individuals) 
upon free and open competitive bids, except
that no lease may 
be awarded unless the bid of such highest responsible
bidder 
provides for an annual rental payment to the sanitary district 
of
at least 6% of the parcel's fair market value determined 
under this Section, provided however, if the sanitary district 
determines that a parcel contains a special development 
impediment, defined as any condition that constitutes a 
material impediment to the development or lease of a parcel, 
and includes, but is not limited to: environmental 
contamination, obsolescence, or advanced disrepair of 
improvements or structures, or accumulation of large 
quantities of non-indigenous materials, the sanitary district 
may establish a minimum acceptable initial annual rental of 
less than 6% of the parcel's fair market value for the initial 
10 years of the lease. In no event will the annual rental 
payment for each 10-year period after the initial 10 years of 
the lease be less than the 6% of the parcel's fair market value 
determined under this Section. Every lease must be awarded to 
the highest responsible bidder (including established 
commercial or industrial concerns and financially responsible 
individuals) upon free and open competitive bids. In 
determining the responsibility of any bidder, the sanitary 
district may consider, in addition to financial 
responsibility, any  past records of transactions with the 
bidder and any other pertinent factors, including but not 
limited to, the bidder's performance or past record  with 
respect to any lease, use, occupancy, or trespass of sanitary 
district or other lands.

    (4) Prior to acceptance of the bid of the highest 
responsible bidder
and before execution of the lease the bidder 
shall submit to the board
of commissioners and general 
superintendent, for incorporation in the lease,
a detailed plan 
and description of improvements to be constructed upon
the 
leased property, the time within which the improvements will be

completed, and the intended uses of the leased property.  If 
there is more
than one responsible bid, the board of 
commissioners may authorize and direct
the general 
superintendent to solicit from the 2 highest responsible 
bidders
written amendments to their prior bids, increasing 
their rental bid proposal
by at least 5% in excess of their 
prior written bid, or otherwise amending the
financial terms of 
their bid so as to maximize the financial return to the

sanitary district during the term of the proposed lease.  Upon 
the general
superintendent's tentative agreement with one or 
more amended bids, the bids
may be submitted to the board of 
commissioners with the recommendation of the
general 
superintendent for acceptance of one or rejection of all.  The

amendments may not result in a diminution of the terms of the 
transaction and
must result in an agreement that is equal to or 
greater in value than the
highest responsible bid initially 
received.

    (5) The execution of such lease must be contemporaneous to 
the
execution by the lessee, each member of the board of 
commissioners and the
general superintendent of an affidavit 
certifying the absence of any
collusion involving the lessee, 
the members and the general
superintendent and relating to such 
lease.

    (6) No later than 30 days after the effective date of the 
lease, the
lessee must deliver to the sanitary district a 
certified statement of
the County Assessor, Township Assessor 
or the county clerk of the county
wherein the property is 
situated that such property is presently
contained in the 
official list of lands and lots to be assessed for
taxes for 
the several towns or taxing districts in his county.

    (7) Such lease shall provide for a fixed annual rental 
payment for the
first year not less than 6% of the fair market 
value as determined under
this Section and may be subject to 
annual adjustments based on changes in
the Consumer Price Index 
published by the United States Department of
Labor, Bureau of 
Labor Statistics, or some other well known economic

governmental activity index.  Any lease, the term of which will 
extend for
15 years or more, shall provide for a 
redetermination of the fair market
value (independent of 
improvements to the property subsequent to the
effective date 
of the lease) after the initial 10 years and every 10 years

thereafter, in the manner set forth in paragraph (2) of this 
Section, which redetermination shall be referred to as the 
decennial adjustment.  Where the property rental is less than 6% 
of fair market value due to the existence of a special 
development impediment, the first decennial adjustment shall 
not occur until the twentieth year of the lease. Such
said

redetermination shall
to be as of the first day of each 
succeeding 10 year period,
and annual rental payments shall be 
adjusted so that the ratio of annual
rental to fair market 
value shall be the same as that ratio for the first
year of the 
preceding 10 year period. The decennial adjustment shall not 
exceed 100%  of the rental in effect on the last day of the 
preceding 10-year period,  except when  the property rental is 
less than 6% of fair market value due to the existence of a 
special development impediment, in which case, the decennial 
adjustment shall not be so limited until the twentieth year of 
the lease.  The rental payment for the first
year of the new 10 
year period may be subject to Consumer Price Index or
other 
allowable index adjustments for each of the next 9 years, or 
until
the end of the lease term if there are less than 9 years 
remaining.

    (8) A sanitary district may require compensation to be paid 
in addition to
rent, based on a reasonable percentage of 
revenues derived from a lessee's
business operations on the 
leasehold premises or subleases, or may require
additional 
compensation from the lessee or any sublessee in the form of

services, including but not limited to solid waste disposal; 
provided,
however, that such additional compensation shall not 
be considered in
determining the highest responsible bid, said 
highest responsible bid to be
determined only on the initial 
annual rental payment as set forth in
paragraph (3) of this 
Section.

    (9) No assignment of such lease or sublease of such 
property is
effective unless approved in writing by the general 
superintendent and
the board of commissioners of the sanitary 
district. The district may consider, for any assignment or 
sublease,    all pertinent factors including  the assignee's or 
sublessee's responsibility in accordance with  subparagraph (3) 
of this Section.  The sanitary district  may also condition its 
consent upon the redetermination of the annual rental required 
to be paid  under any lease initially executed on or before 
January 1, 1983, for which  the annual rent being paid 
thereunder is less than 6% of the current appraised fair market 
value of the leased property.  The redetermination of  any  annual 
rental under this Section  shall be consistent  with the 
requirements of subparagraphs (2) and (3) of this Section. No 
assignment or
sublease is effective if the assignee or 
sublessee is a trust
constituted by real property of which the 
trustee has title but no power
of management or control, unless 
the identity of the beneficiaries of
the trust is revealed, 
upon demand, to the general superintendent and
the board of 
commissioners of the sanitary district.

    (10) Failure by the lessee to comply with a provision in 
the lease
relating to improvements upon the leased property or 
any other provision
constitutes grounds for forfeiture of the 
lease, and upon such failure
the sanitary district acting 
through the general superintendent shall
serve the lessee with 
a notice to terminate the lease and deliver
possession of the 
property to the sanitary district within a particular
period.

    (11) If the general superintendent and the board of 
commissioners
conclude that it would be in the public interest, 
said sanitary district
may lease without complying with the 
prior provisions of this Section, in accordance with an Act 
concerning "Transfer of Real Estate between Municipal 
Corporations", approved July 2, 1925, as amended, to the 
following, upon such terms as may be mutually agreeable: (a)

the United States of America and the State of Illinois,
County 
of Cook, any municipal corporation, with provisions that the 
property is to be applied exclusively for public recreational 
purposes or other public purposes; (b)
or any academic 
institution of
learning which has been in existence for 5 years 
prior to said lease,
provided that such lease limit the 
institution's use of the leased land
to only those purposes 
relating to the operation of such institution's
academic or 
physical educational programs; or (c) any lease involving  land 
located in a county with a population of 100,000 or less and 
which is leased solely for agricultural or commercial 
recreational uses. Any lease issued in accordance with this 
paragraph shall contain the provisions
without complying with 
the
prior provisions of this section, upon such terms as may be 
mutually
agreed upon, in accordance with an act concerning 
"Transfer of Real
Estate between Municipal Corporations", 
approved July 2, 1925, as
amended, with provisions that such 
property is to be applied exclusively
to public recreational 
purposes or other public purposes and that such
lease is 
terminable in accordance with service of a one-year notice to

terminate after determination by the board of commissioners and 
the general
superintendent that such property (or part thereof) 
has become essential
to the corporate purposes of the sanitary 
district.

(Source: P.A. 92-16, eff. 6-28-01; 93-988, eff. 8-23-04.)

 

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