Bill Text: IL SB1226 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 6-2)
Status: (Passed) 2011-12-30 - Public Act . . . . . . . . . 97-0648 [SB1226 Detail]
Download: Illinois-2011-SB1226-Engrossed.html
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 6-2)
Status: (Passed) 2011-12-30 - Public Act . . . . . . . . . 97-0648 [SB1226 Detail]
Download: Illinois-2011-SB1226-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 34-21.1 as follows:
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6 | (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
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7 | Sec. 34-21.1. Additional powers. In addition to other | ||||||
8 | powers and
authority now possessed by it, the board shall have | ||||||
9 | power:
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10 | (1) To lease from any public building commission created | ||||||
11 | pursuant to the
provisions of the Public Building Commission | ||||||
12 | Act, approved July 5, 1955, as
heretofore or hereafter amended | ||||||
13 | or from any individuals, partnerships or
corporations, any real | ||||||
14 | or personal property for the purpose of securing
space for its | ||||||
15 | school purposes or office or other space for its
administrative | ||||||
16 | functions for a period of time not exceeding 40 years.
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17 | (2) To pay for the use of this leased property in | ||||||
18 | accordance with the
terms of the lease and with the provisions | ||||||
19 | of the Public Building
Commission Act, approved July 5, 1955, | ||||||
20 | as heretofore or hereafter amended.
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21 | (3) Such lease may be entered into without making a | ||||||
22 | previous
appropriation for the expense thereby incurred; | ||||||
23 | provided, however, that if
the board undertakes to pay all or |
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1 | any part of the costs of operating and
maintaining the property | ||||||
2 | of a public building commission as authorized in
subparagraph | ||||||
3 | (4) of this Section, such expenses of operation and
maintenance | ||||||
4 | shall be included in the annual budget of such board annually
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5 | during the term of such undertaking.
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6 | (4) In addition, the board may undertake, either in the | ||||||
7 | lease with a
public building commission or by separate | ||||||
8 | agreement or contract with a
public building commission, to pay | ||||||
9 | all or any part of the costs of
maintaining and operating the | ||||||
10 | property of a public building commission for
any period of time | ||||||
11 | not exceeding 40 years.
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12 | (5) To enter into agreements, including lease and lease | ||||||
13 | purchase
agreements having a term not longer than 40 years from | ||||||
14 | the date on which
such agreements are entered into, with | ||||||
15 | private sector individuals,
partnerships, or corporations for | ||||||
16 | the construction of school buildings,
school administrative | ||||||
17 | offices, site development, and school support
facilities. The | ||||||
18 | board shall maintain exclusive possession of all schools,
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19 | school administrative offices, and school facilities which it | ||||||
20 | is occupying
or acquiring pursuant to any such lease or lease | ||||||
21 | purchase agreement, and in
addition shall have and exercise | ||||||
22 | complete control over the education
program conducted at such | ||||||
23 | schools, offices and facilities. The board's
contribution | ||||||
24 | under any such agreement shall be limited to the use of the
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25 | real estate and existing improvements on a rental basis which | ||||||
26 | shall be
exempt from any form of leasehold tax or assessment, |
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1 | but the interests of
the board may be subordinated to the | ||||||
2 | interests of a mortgage holder or
holders acquired as security | ||||||
3 | for additional improvements made on the property.
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4 | (6) To make payments on a lease or lease purchase agreement | ||||||
5 | entered into
pursuant to subparagraph (5) of this Section with | ||||||
6 | an individual,
partnership, or a corporation for school | ||||||
7 | buildings, school administrative
offices, and school support | ||||||
8 | facilities constructed by such individual,
partnership, or | ||||||
9 | corporation.
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10 | (7) To purchase the interests of an individual, | ||||||
11 | partnership, or
corporation pursuant to any lease or lease | ||||||
12 | purchase agreement entered into
by the board pursuant to | ||||||
13 | subparagraph (5) of this Section, and to assume or
retire any | ||||||
14 | outstanding debt or obligation relating to such lease or lease
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15 | purchase agreement for any school building, school | ||||||
16 | administrative office,
or school support facility.
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17 | (8) Subject to the provisions of subparagraph (9) of this | ||||||
18 | Section,
to enter into agreements, including lease and lease | ||||||
19 | purchase
agreements, having a term not longer than 40 years | ||||||
20 | from the date on which
such agreements are entered into for the | ||||||
21 | provision of school buildings and
related property and | ||||||
22 | facilities for an agricultural science school.
The enrollment | ||||||
23 | in such school shall be limited to 720 600 students. Under
such | ||||||
24 | agreements the board shall have exclusive possession of all | ||||||
25 | such
school buildings and related property and facilities which | ||||||
26 | it is occupying
or acquiring pursuant to any such agreements, |
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1 | and in addition shall have
and exercise complete control over | ||||||
2 | the educational program conducted at
such school. Under such | ||||||
3 | agreements the board also may lease to another
party to such | ||||||
4 | agreement real estate and existing improvements which are
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5 | appropriate and available for use as part of the necessary | ||||||
6 | school buildings
and related property and facilities for an | ||||||
7 | agricultural science school.
Any interest created by such a | ||||||
8 | lease shall be exempt from any form of
leasehold tax or | ||||||
9 | assessment, and the interests of the board as owner or
lessor | ||||||
10 | of property covered by such a lease may be subordinated to the
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11 | interests of a mortgage holder or holders acquired as security | ||||||
12 | for
additional improvements made on the property. In addition, | ||||||
13 | but subject to
the provisions of subparagraph (9) of this | ||||||
14 | Section, the board is
authorized: (i) to pay for the use of | ||||||
15 | school buildings and related
property and facilities for an | ||||||
16 | agricultural science school as provided for
in an agreement | ||||||
17 | entered into pursuant to this subparagraph (8) and to enter
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18 | into any such agreement without making a previous appropriation | ||||||
19 | for the
expense thereby incurred; and (ii) to enter into | ||||||
20 | agreements to purchase any
ownership interests in any school | ||||||
21 | buildings and related property and
facilities subject to any | ||||||
22 | agreement entered into by the board pursuant to
this | ||||||
23 | subparagraph (8) and to assume or retire any outstanding debt | ||||||
24 | or
obligation relating to such school buildings and related | ||||||
25 | property and
facilities.
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26 | (9) Notwithstanding the provisions of subparagraph (8) of |
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1 | this Section
or any other law, the board shall not at any time | ||||||
2 | on or after the effective
date of this amendatory Act of 1991 | ||||||
3 | enter into any new lease or lease
purchase agreement, or amend | ||||||
4 | or modify any existing lease, lease purchase
or other agreement | ||||||
5 | entered into pursuant to subparagraph
(8), covering all or any | ||||||
6 | part of the property or facilities, consisting of
78.85 acres | ||||||
7 | more or less, heretofore purchased or otherwise acquired by the
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8 | board for an agricultural science school; nor shall the board | ||||||
9 | enter into any
agreement on or after the effective date of this | ||||||
10 | amendatory Act of 1991 to
sell, lease, transfer or otherwise | ||||||
11 | convey all or any part of the property so
purchased or | ||||||
12 | acquired, nor any of the school buildings or related facilities
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13 | thereon, but the same shall be held, used, occupied and | ||||||
14 | maintained by the board
solely for the purpose of conducting | ||||||
15 | and operating
an agricultural science school. The board shall | ||||||
16 | not, on or after the
effective date of this amendatory Act of | ||||||
17 | 1991, enter into any contracts or
agreements for the | ||||||
18 | construction, alteration or modification of any new or
existing | ||||||
19 | school buildings or related facilities or structural | ||||||
20 | improvements
on any part of the 78.85 acres purchased or | ||||||
21 | otherwise acquired by the board
for agricultural science school | ||||||
22 | purposes,
excepting only those contracts or agreements that are | ||||||
23 | entered into by the
board for the construction, alteration or | ||||||
24 | modification of such school
buildings, related facilities or | ||||||
25 | structural improvements that on the
effective date of this | ||||||
26 | amendatory Act of 1991 are either located upon,
under |
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1 | construction upon or scheduled under existing plans and | ||||||
2 | specifications
to be constructed upon a parcel of land, | ||||||
3 | consisting of 17.45 acres more or
less and measuring | ||||||
4 | approximately 880 feet along its northerly and southerly
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5 | boundaries and 864 feet along its easterly and westerly | ||||||
6 | boundaries, located
in the northeast part of the 78.85 acres. | ||||||
7 | Nothing in this subparagraph (9)
shall be deemed or construed | ||||||
8 | to alter, modify, impair or otherwise affect
the terms and | ||||||
9 | provisions of, nor the rights and obligations of the parties
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10 | under any agreement or contract made and entered into by the | ||||||
11 | board prior to
the effective date of this amendatory Act (i) | ||||||
12 | for the acquisition, lease or
lease purchase of, or for the | ||||||
13 | construction, alteration or modification of
any school | ||||||
14 | buildings, related facilities or structural improvements upon
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15 | all or any part of the 78.85 acres purchased or acquired by the | ||||||
16 | board for
agricultural science school purposes, or (ii) for the | ||||||
17 | lease by the board of
an irregularly shaped parcel, consisting | ||||||
18 | of 23.19 acres more or less, of
that 78.85 acres for park board | ||||||
19 | purposes.
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20 | (Source: P.A. 91-357, eff. 7-29-99.)
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