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| Public Act 097-0648 | ||||
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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
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
subparagraph | ||
(4) of this Section, such expenses of operation and
maintenance | ||
shall be included in the annual budget of such board annually
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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
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,
school administrative | ||
offices, site development, and school support
facilities. The | ||
board shall maintain exclusive possession of all schools,
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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
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,
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
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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 720 600 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). Under
such agreements the board shall have exclusive | ||
possession of all such
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
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
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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
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in an agreement entered into pursuant to this subparagraph (8) | ||
and to enter
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
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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
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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
purchased or | ||
acquired, nor any of the school buildings or related facilities
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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
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
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
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
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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
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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
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all or any part of the 78.85 acres purchased or acquired by the | ||
board for
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. 91-357, eff. 7-29-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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