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| Public Act 100-0399
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| SB0447 Enrolled | LRB100 04889 MLM 14899 b |
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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; |
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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 |
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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 |
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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 |
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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 |
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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 |
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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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