HB5690 EnrolledLRB100 16710 WGH 31848 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. "An Act to provide for the sale of the Kaskaskia
5Commons, upon the island of Kaskaskia, in the county of
6Randolph, and to create a permanent fund for the inhabitants of
7said island out of the proceeds of said sale, and to punish any
8person failing to comply with the provisions thereof", filed
9June 16, 1909 (Laws 1909, p. 425), is amended by changing the
10title of the Act and adding Section 0.1 as follows:
 
11    (Laws 1909, p. 425, Act title)
12An Act concerning to provide for the sale of the Kaskaskia
13Commons, upon the island of Kaskaskia, in the county of
14Randolph, and to create a permanent fund for the inhabitants of
15said island out of the proceeds of said sale, and to punish any
16person failing to comply with the provisions thereof.
 
17    (Laws 1909, p. 425, Section 0.1 new)
18    Sec. 0.1. On the effective date of this amendatory Act of
19the 100th General Assembly, all powers and duties previously
20granted the Land Commissioners of the Commons of Kaskaskia, or
21of the Kaskaskia Commons Permanent Fund, shall be transferred
22to the Kaskaskia Island Drainage and Levee District, in the

 

 

HB5690 Enrolled- 2 -LRB100 16710 WGH 31848 b

1County of Randolph, State of Illinois ("the District"). Any
2assets previously held by the Kaskaskia Commons Permanent Fund,
3real, tangible or intangible, shall be transferred, with real
4estate transferred by deed of conveyance, to the District. The
5assets shall be used by the District for proper purposes as
6authorized and required by the Illinois Drainage Code or, in
7order to fulfill the original intent of the grant creating the
8Kaskaskia Commons, for educational purposes including, but not
9limited to, paying tuition and fees for Kaskaskia Island
10residents, establishing higher education scholarships,
11providing physical facilities for meetings and direct payments
12to educational institutions on behalf of residents. Following
13the transfer of all assets to the District, the Kaskaskia
14Commons Permanent Fund shall be closed.
 
15    (Laws 1909, p. 425, Sections 1 through 16 rep.)
16    Section 10. "An Act to provide for the sale of the
17Kaskaskia Commons, upon the island of Kaskaskia, in the county
18of Randolph, and to create a permanent fund for the inhabitants
19of said island out of the proceeds of said sale, and to punish
20any person failing to comply with the provisions thereof",
21filed June 16, 1909 (Laws 1909, p. 425), is amended by
22repealing Sections 1 through 16.
 
23    Section 15. The School Code is amended by changing Sections
245-22 and 5-28 as follows:
 

 

 

HB5690 Enrolled- 3 -LRB100 16710 WGH 31848 b

1    (105 ILCS 5/5-22)  (from Ch. 122, par. 5-22)
2    Sec. 5-22. Sales of school sites, buildings or other real
3estate. When, in the opinion of the school board, a school
4site, or portion thereof, building, or site with building
5thereon or any other real estate of the district has become
6unnecessary, unsuitable, or inconvenient for a school or
7unnecessary for the uses of the district, the school board, by
8a resolution adopted by at least two-thirds of the board
9members, may sell or direct that the property be sold in the
10manner provided in the Local Government Property Transfer Act
11or in the manner herein provided or, in the case of residential
12property constructed or renovated by students as part of a
13curricular program, may engage the services of a licensed real
14estate broker to sell the property for a commission not to
15exceed 7%, contingent on the public listing of the property on
16a multiple listing service for a minimum of 14 calendar days
17and the sale of the property within 120 days.
18    Unless legal title to the land is held by the school board,
19the school board shall forthwith notify the trustees of schools
20or other school officials having legal title to such land of
21the terms upon which they desire the property to be sold. If
22the property is to be sold to another unit of local government
23or school district, the school board, trustees of schools, or
24other school officials having legal title to the land shall
25proceed in the manner provided in the Local Government Property

 

 

HB5690 Enrolled- 4 -LRB100 16710 WGH 31848 b

1Transfer Act. In all other cases, except if the property is to
2be sold to a tenant that has leased the property for 10 or more
3years and that tenant is a non-profit agency, the school board,
4trustees of schools, or other school officials having legal
5title to the land shall, within 60 days after adoption of the
6resolution (if the school board holds legal title to the land),
7or within 60 days after the trustees of school or other school
8officials having legal title receive the notice (if the school
9board does not hold legal title to the land), sell the property
10at public sale, by auction or sealed bids, after first giving
11notice of the time, place, and terms thereof by notice
12published once each week for 3 successive weeks prior to the
13date of the sale if sale is by auction, or prior to the final
14date of acceptance of bids if sale is by sealed bids, in a
15newspaper published in the district or, if no such newspaper is
16published in the district, then in a newspaper published in the
17county and having a general circulation in the district;
18however, if territory containing a school site, building, or
19site with building thereon, is detached from the school
20district of which it is a part after proceedings have been
21commenced under this Section for the sale of that school site,
22building, or site with building thereon, but before the sale is
23held, then the school board, trustees of schools, or other
24school officials having legal title shall not advertise or sell
25that school site, building, or site with building thereon,
26pursuant to those proceedings. The notices may be in the

 

 

HB5690 Enrolled- 5 -LRB100 16710 WGH 31848 b

1following form:
2
NOTICE OF SALE
3    Notice is hereby given that on (insert date), the (here
4insert title of the school board, trustees of school, or other
5school officials holding legal title) of (county) (Township No.
6...., Range No. .... P.M. ....) will sell at public sale (use
7applicable alternative) (at ......... (state location of sale
8which shall be within the district), at .... ..M.,) (by taking
9sealed bids which shall be accepted until .... ..M., on (insert
10date), at (here insert location where bids will be accepted
11which shall be within the district) which bids will be opened
12at .... ..M. on (insert date) at (here insert location where
13bids will be opened which shall be within the district)) the
14following described property: (here describe the property),
15which sale will be made on the following terms to-wit: (here
16insert terms of sale)
17
....
18
....
19
....
20
(Here insert title of school
21
officials holding legal title)

 
22    For purposes of determining "terms of sale" under this
23Section, the General Assembly declares by this clarifying and
24amendatory Act of 1983 that "terms of sale" are not limited to
25sales for cash only but include contracts for deed, mortgages,

 

 

HB5690 Enrolled- 6 -LRB100 16710 WGH 31848 b

1and such other seller financed terms as may be specified by the
2school board.
3    If a school board specifies a reasonable minimum selling
4price and that price is not met or if no bids are received, the
5school board may adopt a resolution determining or directing
6that the services of a licensed real estate broker be engaged
7to sell the property for a commission not to exceed 7%,
8contingent on the sale of the property within 120 days. If
9legal title to the property is not held by the school board,
10the trustees of schools or other school officials having legal
11title shall, upon receipt of the resolution, engage the
12services of a licensed real estate broker as directed in the
13resolution. The board may accept a written offer equal to or
14greater than the established minimum selling price for the
15described property. The services of a licensed real estate
16broker may be utilized to seek a buyer. If the board lowers the
17minimum selling price on the described property, the public
18sale procedures set forth in this Section must be followed. The
19board may raise the minimum selling price without repeating the
20public sale procedures.
21    In the case of a sale of property to a tenant that has
22leased the property for 10 or more years and that is a
23non-profit agency, an appraisal is required prior to the sale.
24If the non-profit agency purchases the property for less than
25the appraised value and subsequently sells the property, the
26agency may retain only a percentage of the profits that is

 

 

HB5690 Enrolled- 7 -LRB100 16710 WGH 31848 b

1proportional to the percentage of the appraisal, plus any
2improvements made by the agency while the agency was the owner,
3that the agency paid in the initial sale. The remaining portion
4of the profits made by the non-profit agency shall revert to
5the school district.
6    The deed of conveyance shall be executed by the president
7and clerk or secretary of the school board, trustees of
8schools, or other school officials having legal title to the
9land, and the proceeds paid to the school treasurer for the
10benefit of the district; provided, that the proceeds of any
11such sale on the island of Kaskaskia shall be paid to the State
12Treasurer for the use of the district and shall be disbursed by
13him in the same manner as income from the Kaskaskia Commons
14permanent school fund. The school board shall use the proceeds
15from the sale first to pay the principal and interest on any
16outstanding bonds on the property being sold, and after all
17such bonds have been retired, the remaining proceeds from the
18sale next shall be used by the school board to meet any urgent
19district needs as determined under Sections 2-3.12 and 17-2.11
20and then for any other authorized purpose and for deposit into
21any district fund. But whenever the school board of any school
22district determines that any schoolhouse site with or without a
23building thereon is of no further use to the district, and
24agrees with the school board of any other school district
25within the boundaries of which the site is situated, upon the
26sale thereof to that district, and agrees upon the price to be

 

 

HB5690 Enrolled- 8 -LRB100 16710 WGH 31848 b

1paid therefor, and the site is selected by the purchasing
2district in the manner required by law, then after the payment
3of the compensation the school board, township trustees, or
4other school officials having legal title to the land of the
5schools shall, by proper instrument in writing, convey the
6legal title of the site to the school board of the purchasing
7district, or to the trustees of schools for the use of the
8purchasing district, in accordance with law. The provisions of
9this Section shall not apply to any sale made pursuant to
10Section 5-23 or Section 5-24 or Section 32-4.
11(Source: P.A. 99-794, eff. 1-1-17.)
 
12    (105 ILCS 5/5-28)  (from Ch. 122, par. 5-28)
13    Sec. 5-28. Lease or sale of lands. The trustees of schools
14or township land commissioners may lease or sell any lands that
15come into their possession in the manner described in Sections
165-26 or 5-27. When in their opinion it is to the best interest
17of the schools of the township or district interested in any
18such lands that they be sold, the trustees shall adopt a
19resolution to such effect and in such resolution shall specify
20the time, place and terms of sale. The sale shall be at public
21auction and the trustees shall give notice thereof by
22publishing notice once each week for three successive weeks
23prior to the date of the sale in a newspaper published in the
24township to which the real estate belongs, and if the lands to
25be sold lie outside of the township to which they belong then

 

 

HB5690 Enrolled- 9 -LRB100 16710 WGH 31848 b

1such notice is to be published as herein provided in a
2newspaper published in the township in which the land lies or,
3if no such newspaper is published either in the township where
4the real estate belongs or in the township where the land lies,
5then in a newspaper published in the county and having a
6general circulation in the township affected. The notices shall
7describe the property and state the time, place and terms of
8the sale. The trustees have the right to reject any and all
9bids. Upon the sale being made, deed of conveyance shall be
10executed by the president and clerk of the trustees and the
11proceeds shall be paid to the township treasurer for the
12benefit of the township or the district interested in the
13lands; provided, that the proceeds of any such sale on the
14island of Kaskaskia shall be paid to the State Treasurer for
15the use of such district and shall be disbursed by him in the
16same manner as income from the Kaskaskia Commons permanent
17school funds.
18(Source: Laws 1961, p. 31.)