Full Text of HB1041 95th General Assembly
HB1041enr 95TH GENERAL ASSEMBLY
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HB1041 Enrolled |
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| AN ACT concerning local government.
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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 Metropolitan Water Reclamation District Act | 5 |
| is amended by changing Sections 8 and 8c as follows:
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| (70 ILCS 2605/8) (from Ch. 42, par. 327)
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| Sec. 8. Except as otherwise in this Act provided, the | 8 |
| sanitary district
may acquire by lease, purchase or otherwise | 9 |
| within or without its corporate
limits, or by condemnation | 10 |
| within its corporate limits, any and all real
and personal | 11 |
| property, right of way and privilege that may be required for
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| its corporate purposes. All moneys for the purchase and | 13 |
| condemnation of
any property must be paid before possession is | 14 |
| taken, or any work done on
the premises. In case of an appeal | 15 |
| from the Court in which the condemnation
proceedings are | 16 |
| pending, taken by either party, whereby the amount of damages
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| is not finally determined, the amount of the judgment in the | 18 |
| court shall
be deposited with the county treasurer of the | 19 |
| county in which the judgment
is rendered, subject to the | 20 |
| payment of damages on orders signed by the judge
whenever the | 21 |
| amount of damages is finally determined.
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| Upon recommendation of the general superintendent and upon | 23 |
| the
approval of the board of trustees when any real or personal |
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| property,
right of way or privilege or any interest therein, or | 2 |
| any part thereof
of such sanitary district is no longer | 3 |
| required for the corporate
purposes of the sanitary district it | 4 |
| may be sold, vacated or released.
Such sales, vacations, or | 5 |
| releases may be made subject to such
conditions and the | 6 |
| retention of such interest therein as may be deemed
for the | 7 |
| best interest of such sanitary district as recommended by the
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| general superintendent and approved by the board of trustees.
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| However, the sanitary district may enter into a lease of a | 10 |
| building
or a part thereof, or acquire title to a building | 11 |
| already constructed or
to be constructed, for the purpose of | 12 |
| securing office space for its
administrative corporate | 13 |
| functions, the period of such lease not to
exceed 15 years | 14 |
| except as authorized by the provisions of Section 8b of
this | 15 |
| Act. In the event of the purchase of such property for
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| administrative corporate functions, the sanitary district may | 17 |
| execute a
mortgage or other documents of indebtedness as may be | 18 |
| required for the
unpaid balance, to be paid in not more than 15 | 19 |
| annual installments.
Annual installments on the mortgage or | 20 |
| annual payment on the lease shall
be considered a current | 21 |
| corporate expense of the year in which they are
to be paid, and | 22 |
| the amount of such annual installment or payment shall
be | 23 |
| included in the Annual Appropriation and Corporate Tax Levy
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| Ordinances. Such expense may be incurred, notwithstanding the
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| provisions, if any applicable, contained in any other Sections | 26 |
| of this
Act.
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| The sanitary district may dedicate to the public for | 2 |
| highway purposes
any of its real property and the dedications | 3 |
| may be made subject to such
conditions and the retention of | 4 |
| such interests therein as considered in
the best interests of | 5 |
| the sanitary district by the board of trustees
upon | 6 |
| recommendation of the general superintendent.
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| The sanitary district may lease to others for any period of | 8 |
| time, not
to exceed 99 years, upon the terms as its board of | 9 |
| trustees upon
recommendation of the general superintendent may | 10 |
| determine, any such
real property, right-of-way or privilege, | 11 |
| or any interest therein or any
part thereof, which is in the | 12 |
| opinion of the board of trustees and
general superintendent of | 13 |
| the sanitary district no longer required for
its corporate | 14 |
| purposes or which may not be immediately needed for such
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| purposes. The leases may contain such terms and conditions , | 16 |
| including restrictions as to permissible use of the real | 17 |
| property, and retain such
interests therein as considered in | 18 |
| the best interests of the sanitary
district by the board of | 19 |
| trustees upon recommendation of the general
superintendent. | 20 |
| Negotiations and execution of such leases and
preparatory | 21 |
| activities in connection therewith must comply with Section
8c | 22 |
| of this Act. The sanitary district may grant easements and | 23 |
| permits
for the use of any such real property, right-of-way, or | 24 |
| privilege, which
will not in the opinion of the board of | 25 |
| trustees and general
superintendent of the sanitary district | 26 |
| interfere with the use thereof
by the sanitary district for its |
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| corporate purposes. Such easements and
permits may contain such | 2 |
| conditions and retain such interests therein as
considered in | 3 |
| the best interests of the sanitary district by the board
of | 4 |
| trustees upon recommendation of the general superintendent.
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| No sales, vacations, dedications for highway purposes, or | 6 |
| leases for periods
in excess of 5 years, of the following | 7 |
| described real estate, may be made
or granted by the sanitary | 8 |
| district without the approval in writing of the
Director of | 9 |
| Natural Resources of the State
of Illinois:
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| All the right-of-way of the Calumet-Sag Channel of the | 11 |
| sanitary
district extending from the Little Calumet River near | 12 |
| Blue Island,
Illinois, to the right-of-way of the main channel | 13 |
| of the sanitary
district near Sag, Illinois.
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| Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89, | 15 |
| 89a, 90,
91, 130, 132, 133, those parts of Lots 134 and 139 | 16 |
| lying northeasterly
of a tract of land leased to the Corn | 17 |
| Products Manufacturing Company
from January 1, 1908, to | 18 |
| December 31, 2006; 1000 feet of Lot 141 lying
southwesterly of | 19 |
| and adjoining the above mentioned leased tract measured
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| parallel with the main channel of the sanitary district; Lots | 21 |
| 166, 168,
207, 208, and part of Lot 211 lying northeasterly of | 22 |
| a line 1500 feet
southwesterly of the center line of Stephen | 23 |
| Street, Lemont, Illinois,
and parallel with said street | 24 |
| measured parallel with said main channel;
and Lot 212 of the | 25 |
| Sanitary District Trustees Subdivision of
right-of-way from | 26 |
| the north and south center line of Section 30,
Township 39 |
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| North, Range 14 East of the Third Principal Meridian, to
Will | 2 |
| County line.
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| That part of the right-of-way of the main channel of the | 4 |
| sanitary
district in Section 14, Township 37 North, Range 11 | 5 |
| East of the Third
Principal Meridian, lying southerly of said | 6 |
| main channel, northerly of
the Northerly Reserve Line of the | 7 |
| Illinois and Michigan Canal, and
westerly of the Center line of | 8 |
| the old channel of the Des Plaines River.
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| That part of said main channel right-of-way in Section 35, | 10 |
| Township
37 North, Range 10 East of the Third Principal | 11 |
| Meridian, lying east of
said main channel and south of a line | 12 |
| 1,319.1 feet north of and parallel
with the south line of said | 13 |
| Section 35.
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| That part of said main channel right-of-way in the | 15 |
| northeast quarter
of the northwest quarter of Section 2, | 16 |
| Township 36 North, Range 10 East
of the Third Principal | 17 |
| Meridian, lying east of said main channel.
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| That part of said main channel right-of-way lying south of | 19 |
| Ninth
Street in Lockport, Illinois.
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| Notwithstanding any other law, if any surplus real
estate | 21 |
| is located in an unincorporated territory and if that real | 22 |
| estate is
contiguous to only one municipality, 60 days before | 23 |
| the sale of that real
estate, the sanitary district shall | 24 |
| notify in writing the contiguous
municipality of the proposed | 25 |
| sale. Prior to the sale of the real estate, the
municipality | 26 |
| shall notify in writing the sanitary district that the
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| municipality will or will not annex the surplus real estate. If | 2 |
| the contiguous
municipality will annex such surplus real | 3 |
| estate, then coincident with the
completion of the sale of that | 4 |
| real estate by the sanitary district, that real
estate shall be | 5 |
| automatically annexed to the contiguous municipality.
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| All sales of real estate by the sanitary district must be | 7 |
| for
cash, to the highest bidder upon open competitive bids, and | 8 |
| the proceeds of
the sales may be
used only for the construction | 9 |
| and equipment of sewage disposal plants, pumping
stations and | 10 |
| intercepting sewers and appurtenances thereto, the
acquisition | 11 |
| of sites and easements therefor, and the financing of the Local
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| Government Assistance Program established under Section 9.6c.
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| However, the sanitary district may:
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| (a) Remise, release, quit claim and convey, without the | 15 |
| approval of the
Department of Natural Resources of the State
of | 16 |
| Illinois acting by and through its Director, to the
United | 17 |
| States of America without any consideration to be paid | 18 |
| therefor,
in aid of the widening of the Calumet-Sag Channel of | 19 |
| the sanitary district
by the United States of America, all | 20 |
| those certain lands, tenements and
hereditaments of every kind | 21 |
| and nature of that portion of the established
right-of-way of | 22 |
| the Calumet-Sag Channel lying east of the east line of Ashland
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| Avenue, in Blue Island, Illinois, and south of the center line | 24 |
| of the channel
except such portion thereof as is needed for the | 25 |
| operation and maintenance
of and access to the controlling | 26 |
| works lock of the sanitary district;
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| (b) Without the approval of the Department of Natural | 2 |
| Resources of the State of Illinois acting by and through its
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| Director, give and grant to
the United States of America | 4 |
| without any consideration to be paid therefor
the right, | 5 |
| privilege and authority to widen the Calumet-Sag Channel and | 6 |
| for
that purpose to enter upon and use in the work of such | 7 |
| widening and for the
disposal of spoil therefrom all that part | 8 |
| of the right-of-way of the
Calumet-Sag Channel owned by the | 9 |
| sanitary district lying south of the
center line of the | 10 |
| Calumet-Sag Channel from its connection with the main
channel | 11 |
| of the sanitary district to the east line of Ashland Avenue in | 12 |
| Blue
Island, Illinois;
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| (c) Make alterations to any structure made necessary by | 14 |
| such
widening and to construct, reconstruct or otherwise alter | 15 |
| the existing
highway bridges of the sanitary district across | 16 |
| the Calumet-Sag Channel;
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| (d) Give and grant to the United States of America without | 18 |
| any
consideration to be paid therefor the right to maintain the | 19 |
| widened
Calumet-Sag Channel without the occupation or use of or | 20 |
| jurisdiction
over any property of the sanitary district | 21 |
| adjoining and adjacent to
such widened channel;
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| (e) Acquire by lease, purchase, condemnation or otherwise, | 23 |
| whatever
land, easements or rights of way, not presently owned | 24 |
| by it, that may be
required by the United States of America in | 25 |
| constructing the Calumet-Sag
Navigation Project, as approved | 26 |
| in Public Law 525, 79th Congress, Second
Session as described |
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| in House Document No. 677 for widening and dredging
the | 2 |
| Calumet-Sag Channel, in improving the Little Calumet River | 3 |
| between
the eastern end of the Sag Channel and Turning Basin | 4 |
| No. 5, and in
improving the Calumet River between Calumet | 5 |
| Harbor and Lake Calumet;
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| (f) Furnish free of cost to the United States all lands, | 7 |
| easements,
rights-of-way and soil disposal areas necessary for | 8 |
| the new work and for
subsequent maintenance by the United | 9 |
| States;
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| (g) Provide for the necessary relocations of all utilities.
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| Whatever land acquired by the sanitary district may | 12 |
| thereafter be
determined by the Board of Trustees upon | 13 |
| recommendation of the general
superintendent as not being | 14 |
| needed by the United States for the purposes
of constructing | 15 |
| and maintaining the Calumet-Sag Navigation Project as
above | 16 |
| described, shall be retained by the sanitary district for its
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| corporate purposes, or be sold, with all convenient speed, | 18 |
| vacated or
released (but not leased) as its Board of Trustees | 19 |
| upon recommendation
of the general superintendent may | 20 |
| determine: All sales of such real
estate must be for cash, to | 21 |
| the highest bidder upon open, competitive
bids, and the | 22 |
| proceeds of the sales may be used only for the purpose of
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| paying principal and interest upon the bonds authorized by this | 24 |
| Act, and
if no bonds are then outstanding, for the purpose of | 25 |
| paying principal
and interest upon any general obligation bonds | 26 |
| of the sanitary district,
and for corporate purposes of the |
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| sanitary district. When the proceeds
are used to pay bonds and | 2 |
| interest, proper abatement shall be made in
the taxes next | 3 |
| extended for such bonds and interest.
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| (Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96; | 5 |
| 90-568, eff.
1-1-99; 90-690, eff. 7-31-98.)
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| (70 ILCS 2605/8c) (from Ch. 42, par. 327c)
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| Sec. 8c. Every lease of property no longer or not | 8 |
| immediately
required for corporate purposes of a sanitary | 9 |
| district, from such
district to others for a term not to exceed | 10 |
| 99 years, in accordance with
Section 8 of this Act, shall be | 11 |
| negotiated, created and executed in the
following manner:
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| (1) Notice of such proposed leasing shall be published for | 13 |
| 3
consecutive weeks in a newspaper of general circulation | 14 |
| published in
such sanitary district, if any, and otherwise in | 15 |
| the county containing
such district.
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| (2) Prior to receipt of bids for the lease under this | 17 |
| Section, the
fair market value of every parcel of real property | 18 |
| to be leased must be
determined by 2 professional appraisers | 19 |
| who are members of the American
Institute of Real Estate | 20 |
| Appraisers or a similar, equivalently
recognized professional | 21 |
| organization. The sanitary district acting
through the general | 22 |
| superintendent may select and engage an additional
appraiser | 23 |
| for such determination of fair market value. Every appraisal
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| report must contain an affidavit certifying the absence of any | 25 |
| collusion
involving the appraiser and relating to the lease of |
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| such property.
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| (3) No
Such lease must be awarded to the highest | 3 |
| responsible bidder
(including established commercial or | 4 |
| industrial concerns and financially
responsible individuals) | 5 |
| upon free and open competitive bids, except
that no lease may | 6 |
| be awarded unless the bid of such highest responsible
bidder | 7 |
| provides for an annual rental payment to the sanitary district | 8 |
| of
at least 6% of the parcel's fair market value determined | 9 |
| under this Section , provided however, if the sanitary district | 10 |
| determines that a parcel contains a special development | 11 |
| impediment, defined as any condition that constitutes a | 12 |
| material impediment to the development or lease of a parcel, | 13 |
| and includes, but is not limited to: environmental | 14 |
| contamination, obsolescence, or advanced disrepair of | 15 |
| improvements or structures, or accumulation of large | 16 |
| quantities of non-indigenous materials, the sanitary district | 17 |
| may establish a minimum acceptable initial annual rental of | 18 |
| less than 6% of the parcel's fair market value for the initial | 19 |
| 10 years of the lease. In no event will the annual rental | 20 |
| payment for each 10-year period after the initial 10 years of | 21 |
| the lease be less than the 6% of the parcel's fair market value | 22 |
| determined under this Section. Every lease must be awarded to | 23 |
| the highest responsible bidder (including established | 24 |
| commercial or industrial concerns and financially responsible | 25 |
| individuals) upon free and open competitive bids. In | 26 |
| determining the responsibility of any bidder, the Sanitary |
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| District may consider, in addition to financial | 2 |
| responsibility, any past records of transactions with the | 3 |
| bidder and any other pertinent factors, including but not | 4 |
| limited to, the bidder's performance or past record with | 5 |
| respect to any lease, use, occupancy, or trespass of Sanitary | 6 |
| District or other lands .
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| (4) Prior to acceptance of the bid of the highest | 8 |
| responsible bidder
and before execution of the lease the bidder | 9 |
| shall submit to the board
of commissioners and general | 10 |
| superintendent, for incorporation in the lease,
a detailed plan | 11 |
| and description of improvements to be constructed upon
the | 12 |
| leased property, the time within which the improvements will be
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| completed, and the intended uses of the leased property. If | 14 |
| there is more
than one responsible bid, the board of | 15 |
| commissioners may authorize and direct
the general | 16 |
| superintendent to solicit from the 2 highest responsible | 17 |
| bidders
written amendments to their prior bids, increasing | 18 |
| their rental bid proposal
by at least 5% in excess of their | 19 |
| prior written bid, or otherwise amending the
financial terms of | 20 |
| their bid so as to maximize the financial return to the
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| sanitary district during the term of the proposed lease. Upon | 22 |
| the general
superintendent's tentative agreement with one or | 23 |
| more amended bids, the bids
may be submitted to the board of | 24 |
| commissioners with the recommendation of the
general | 25 |
| superintendent for acceptance of one or rejection of all. The
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| amendments may not result in a diminution of the terms of the |
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| transaction and
must result in an agreement that is equal to or | 2 |
| greater in value than the
highest responsible bid initially | 3 |
| received.
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| (5) The execution of such lease must be contemporaneous to | 5 |
| the
execution by the lessee, each member of the board of | 6 |
| commissioners and the
general superintendent of an affidavit | 7 |
| certifying the absence of any
collusion involving the lessee, | 8 |
| the members and the general
superintendent and relating to such | 9 |
| lease.
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| (6) No later than 30 days after the effective date of the | 11 |
| lease, the
lessee must deliver to the sanitary district a | 12 |
| certified statement of
the County Assessor, Township Assessor | 13 |
| or the county clerk of the county
wherein the property is | 14 |
| situated that such property is presently
contained in the | 15 |
| official list of lands and lots to be assessed for
taxes for | 16 |
| the several towns or taxing districts in his county.
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| (7) Such lease shall provide for a fixed annual rental | 18 |
| payment for the
first year not less than 6% of the fair market | 19 |
| value as determined under
this Section and may be subject to | 20 |
| annual adjustments based on changes in
the Consumer Price Index | 21 |
| published by the United States Department of
Labor, Bureau of | 22 |
| Labor Statistics, or some other well known economic
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| governmental activity index. Any lease, the term of which will | 24 |
| extend for
15 years or more, shall provide for a | 25 |
| redetermination of the fair market
value (independent of | 26 |
| improvements to the property subsequent to the
effective date |
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| of the lease) after the initial 10 years and every 10 years
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| thereafter, in the manner set forth in paragraph (2) of this | 3 |
| Section, which redetermination shall be referred to as the | 4 |
| decennial adjustment. Where the property rental is less than 6% | 5 |
| of fair market value due to the existence of a special | 6 |
| development impediment, the first decennial adjustment shall | 7 |
| not occur until the twentieth year of the lease. Such
said
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| redetermination shall
to be as of the first day of each | 9 |
| succeeding 10 year period,
and annual rental payments shall be | 10 |
| adjusted so that the ratio of annual
rental to fair market | 11 |
| value shall be the same as that ratio for the first
year of the | 12 |
| preceding 10 year period. The decennial adjustment shall not | 13 |
| exceed 100% of the rental in effect on the last day of the | 14 |
| preceding 10-year period, except when the property rental is | 15 |
| less than 6% of fair market value due to the existence of a | 16 |
| special development impediment, in which case, the decennial | 17 |
| adjustment shall not be so limited until the twentieth year of | 18 |
| the lease. The rental payment for the first
year of the new 10 | 19 |
| year period may be subject to Consumer Price Index or
other | 20 |
| allowable index adjustments for each of the next 9 years, or | 21 |
| until
the end of the lease term if there are less than 9 years | 22 |
| remaining.
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| (8) A sanitary district may require compensation to be paid | 24 |
| in addition to
rent, based on a reasonable percentage of | 25 |
| revenues derived from a lessee's
business operations on the | 26 |
| leasehold premises or subleases, or may require
additional |
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| compensation from the lessee or any sublessee in the form of
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| services, including but not limited to solid waste disposal; | 3 |
| provided,
however, that such additional compensation shall not | 4 |
| be considered in
determining the highest responsible bid, said | 5 |
| highest responsible bid to be
determined only on the initial | 6 |
| annual rental payment as set forth in
paragraph (3) of this | 7 |
| Section.
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| (9) No assignment of such lease or sublease of such | 9 |
| property is
effective unless approved in writing by the general | 10 |
| superintendent and
the board of commissioners of the sanitary | 11 |
| district. The District may consider, for any assignment or | 12 |
| sublease, all pertinent factors including the assignee's or | 13 |
| sublessee's responsibility in accordance with subparagraph (3) | 14 |
| of this Section. The sanitary district may also condition its | 15 |
| consent upon the redetermination of the annual rental required | 16 |
| to be paid under any lease initially executed on or before | 17 |
| January 1, 1983, for which the annual rent being paid | 18 |
| thereunder is less than 6% of the current appraised fair market | 19 |
| value of the leased property. The redetermination of any annual | 20 |
| rental under this Section shall be consistent with the | 21 |
| requirements of subparagraphs (2) and (3) of this Section. No | 22 |
| assignment or
sublease is effective if the assignee or | 23 |
| sublessee is a trust
constituted by real property of which the | 24 |
| trustee has title but no power
of management or control, unless | 25 |
| the identity of the beneficiaries of
the trust is revealed, | 26 |
| upon demand, to the general superintendent and
the board of |
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| commissioners of the sanitary district.
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| (10) Failure by the lessee to comply with a provision in | 3 |
| the lease
relating to improvements upon the leased property or | 4 |
| any other provision
constitutes grounds for forfeiture of the | 5 |
| lease, and upon such failure
the sanitary district acting | 6 |
| through the general superintendent shall
serve the lessee with | 7 |
| a notice to terminate the lease and deliver
possession of the | 8 |
| property to the sanitary district within a particular
period.
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| (11) If the general superintendent and the board of | 10 |
| commissioners
conclude that it would be in the public interest, | 11 |
| said sanitary district
may lease without complying with the | 12 |
| prior provisions of this Section, in accordance with an Act | 13 |
| concerning "Transfer of Real Estate between Municipal | 14 |
| Corporations", approved July 2, 1925, as amended, to the | 15 |
| following, upon such terms as may be mutually agreeable: (a)
| 16 |
| the United States of America and the State of Illinois,
County | 17 |
| of Cook, any municipal corporation, with provisions that the | 18 |
| property is to be applied exclusively for public recreational | 19 |
| purposes or other public purposes; (b)
or any academic | 20 |
| institution of
learning which has been in existence for 5 years | 21 |
| prior to said lease,
provided that such lease limit the | 22 |
| institution's use of the leased land
to only those purposes | 23 |
| relating to the operation of such institution's
academic or | 24 |
| physical educational programs ; or (c) any lease involving land | 25 |
| located in a county with a population of 100,000 or less and | 26 |
| which is leased solely for agricultural or commercial |
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| recreational uses. Any lease issued in accordance with this | 2 |
| paragraph shall contain the provisions
without complying with | 3 |
| the
prior provisions of this section, upon such terms as may be | 4 |
| mutually
agreed upon, in accordance with an act concerning | 5 |
| "Transfer of Real
Estate between Municipal Corporations", | 6 |
| approved July 2, 1925, as
amended, with provisions that such | 7 |
| property is to be applied exclusively
to public recreational | 8 |
| purposes or other public purposes and that such
lease is | 9 |
| terminable in accordance with service of a one-year notice to
| 10 |
| terminate after determination by the board of commissioners and | 11 |
| the general
superintendent that such property (or part thereof) | 12 |
| has become essential
to the corporate purposes of the sanitary | 13 |
| district.
| 14 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-988, eff. 8-23-04.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|