Bill Text: IL SB1226 | 2011-2012 | 97th General Assembly | Chaptered


Bill Title: Amends the Chicago School District Article of the School Code. Limits enrollment in the agricultural science school to 720 (instead of 600) students.

Spectrum: Slight Partisan Bill (Democrat 5-2-1)

Status: (Passed) 2011-12-30 - Public Act . . . . . . . . . 97-0648 [SB1226 Detail]

Download: Illinois-2011-SB1226-Chaptered.html



Public Act 097-0648
SB1226 EnrolledLRB097 06467 NHT 46549 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
34-21.1 as follows:
(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
Sec. 34-21.1. Additional powers. In addition to other
powers and authority now possessed by it, the board shall have
power:
(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.
(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.
(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
during the term of such undertaking.
(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.
(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,
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
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.
(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.
(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.
(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
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 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.
(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 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 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
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 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.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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