Public Act 095-0604
 
SB0434 Enrolled LRB095 08927 HLH 29116 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Director of Central Management Services is
authorized to convey by Quit Claim Deed for $1 to the City of
Chicago the following described real property: surplus
property located within the area bordered by Oak Park Avenue,
West Irving Park Road, North Narragansett Avenue, West Montrose
Avenue, and Forest Preserve Drive, Chicago, Illinois;
provided, however, that should the property fail to be used for
any public purpose within the first 10 years after the
effective date of this amendatory Act of the 95th General
Assembly or fail to be used at any time by the Grantee for
public purposes, then title shall revert to the State of
Illinois.
 
    Section 10. "An Act in relation to certain land", approved
June 13, 2000, Public Act 91-824, is amended by changing
Section 20-10 as follows:
 
    (P.A. 91-824, Sec. 20-10)
    Sec. 20-10. The Director of Central Management Services is
authorized to:
        (a) convey by quit claim deed for $1 buildings A & B of
    the former Henry Horner School property located on Oak Park
    Ave, Chicago, Illinois to Maryville Academy, provided
    however that should the property fail to be used by
    Maryville Academy for charitable or educational purposes,
    the title shall revert to the State of Illinois;
        (b) convey by quit claim deed for $1 upon
    identification and survey of a site mutually agreeable to
    the parties to New Horizon Center for the Developmentally
    Disabled, provided that should the property fail to be used
    by New Horizon Center for the Developmentally Disabled for
    charitable or educational purposes, title shall revert to
    the State of Illinois;
        (c) convey by Quit Claim Deed for $1 to the City of
    Chicago the following described real property:
        A PARCEL OF LAND, APPROXIMATELY 16,000 SQUARE FEET ON
        AND ALONG THE NORTH SIDE OF WEST IRVING PARK ROAD,
        HAVING APPROXIMATELY 135 FEET OF FRONTAGE ON SAID WEST
        IRVING PARK ROAD AND A DEPTH OF APPROXIMATELY 125 FEET,
        HAVING ITS EASTERLY BOUNDARY PARALLEL TO AND
        APPROXIMATELY 1,111 FEET WEST OF THE WEST PROPERTY LINE
        OF NORTH NARRAGANSETT AVENUE, AND ITS WESTERLY
        BOUNDARY BEING PARALLEL TO AND 135 FEET WEST OF THE
        EASTERLY BOUNDARY LINE, ALL IN THE COUNTY OF COOK AND
        STATE OF ILLINOIS.
    Provided however, should the property fail to be used by
    the Grantee for public purposes, title shall revert to the
    State of Illinois;
        (d) take steps to preserve, landscape, memorialize and
    protect unmarked historic cemetery grounds located by
    archeological survey on the grounds of Chicago Read Mental
    Health Center. This subsection shall also allow the
    relocation of the remains pursuant to regulations and
    procedures established by the Historic Preservation Agency
    when deemed necessary by the Director of Central Management
    Services. For the purpose of the relocation of such
    remains, the Secretary of Human Services is designated next
    of kin when it is not possible to definitively establish
    the identity of any such remains;
        (e) (the General Assembly finds and declares that the
    authorization under this subsection (e) as originally
    enacted by Public Act 91-824 was never acted upon; and,
    therefore, the provisions of that originally enacted
    subsection (e) are rescinded by this amendatory Act of the
    95th General Assembly) in order to facilitate the
    conveyances referenced in subsections (a) and (b) after
    consultation with the Secretary of Transportation, the
    Secretary of Human Services, and the Director of Commerce
    and Community Affairs and upon obtaining necessary
    appraisals, surveys, and environmental reports, and in
    accordance with and in coordination with any pre-existing
    redevelopment agreement, convey title by quit claim deed to
    Chicago Read Joint Venture, Limited Partnership to surplus
    property located within the area bordered by Harlem Avenue,
    West Irving Park Road, North Narragansett Avenue, West
    Montrose Avenue, and Forest Preserve Drive, Chicago,
    Illinois, but excluding the area comprised of the property
    of the former Henry Horner School and the property referred
    to as the "Phase Three Property" under the Chicago
    Read-Dunning Redevelopment Agreement, at fair market value
    and on such terms and conditions necessary to bring about
    the orderly redevelopment of such surplus property,
    provided however that "surplus property" as described in
    this Section shall not include buildings and grounds
    currently under the jurisdiction of the Department of Human
    Services unless specifically consented to by the Secretary
    of Human Services; and
        (f) accept replacement State facilities constructed in
    order to relocate State operations located in facilities to
    be replaced or otherwise transferred to coordinate with
    necessary redevelopment.
(Source: P.A. 91-824, eff. 1-1-01.)
 
    Section 15. The Director of Central Management Services
shall obtain a certified copy of this Act within 60 days after
its effective date, and shall record the certified document in
the Recorder's Office in the county in which the land is
located.
 
    Section 20. The Metropolitan Water Reclamation District
Act is amended by changing Sections 8 and 8c as follows:
 
    (70 ILCS 2605/8)  (from Ch. 42, par. 327)
    Sec. 8. Except as otherwise in this Act provided, the
sanitary district may acquire by lease, purchase or otherwise
within or without its corporate limits, or by condemnation
within its corporate limits, any and all real and personal
property, right of way and privilege that may be required for
its corporate purposes. All moneys for the purchase and
condemnation of any property must be paid before possession is
taken, or any work done on the premises. In case of an appeal
from the Court in which the condemnation proceedings are
pending, taken by either party, whereby the amount of damages
is not finally determined, the amount of the judgment in the
court shall be deposited with the county treasurer of the
county in which the judgment is rendered, subject to the
payment of damages on orders signed by the judge whenever the
amount of damages is finally determined.
    Upon recommendation of the general superintendent and upon
the approval of the board of trustees when any real or personal
property, right of way or privilege or any interest therein, or
any part thereof of such sanitary district is no longer
required for the corporate purposes of the sanitary district it
may be sold, vacated or released. Such sales, vacations, or
releases may be made subject to such conditions and the
retention of such interest therein as may be deemed for the
best interest of such sanitary district as recommended by the
general superintendent and approved by the board of trustees.
    However, the sanitary district may enter into a lease of a
building or a part thereof, or acquire title to a building
already constructed or to be constructed, for the purpose of
securing office space for its administrative corporate
functions, the period of such lease not to exceed 15 years
except as authorized by the provisions of Section 8b of this
Act. In the event of the purchase of such property for
administrative corporate functions, the sanitary district may
execute a mortgage or other documents of indebtedness as may be
required for the unpaid balance, to be paid in not more than 15
annual installments. Annual installments on the mortgage or
annual payment on the lease shall be considered a current
corporate expense of the year in which they are to be paid, and
the amount of such annual installment or payment shall be
included in the Annual Appropriation and Corporate Tax Levy
Ordinances. Such expense may be incurred, notwithstanding the
provisions, if any applicable, contained in any other Sections
of this Act.
    The sanitary district may dedicate to the public for
highway purposes any of its real property and the dedications
may be made subject to such conditions and the retention of
such interests therein as considered in the best interests of
the sanitary district by the board of trustees upon
recommendation of the general superintendent.
    The sanitary district may lease to others for any period of
time, not to exceed 99 years, upon the terms as its board of
trustees upon recommendation of the general superintendent may
determine, any such real property, right-of-way or privilege,
or any interest therein or any part thereof, which is in the
opinion of the board of trustees and general superintendent of
the sanitary district no longer required for its corporate
purposes or which may not be immediately needed for such
purposes. The leases may contain such terms and conditions,
including restrictions as to permissible use of the real
property, and retain such interests therein as considered in
the best interests of the sanitary district by the board of
trustees upon recommendation of the general superintendent.
Negotiations and execution of such leases and preparatory
activities in connection therewith must comply with Section 8c
of this Act. The sanitary district may grant easements and
permits for the use of any such real property, right-of-way, or
privilege, which will not in the opinion of the board of
trustees and general superintendent of the sanitary district
interfere with the use thereof by the sanitary district for its
corporate purposes. Such easements and permits may contain such
conditions and retain such interests therein as considered in
the best interests of the sanitary district by the board of
trustees upon recommendation of the general superintendent.
    No sales, vacations, dedications for highway purposes, or
leases for periods in excess of 5 years, of the following
described real estate, may be made or granted by the sanitary
district without the approval in writing of the Director of
Natural Resources of the State of Illinois:
    All the right-of-way of the Calumet-Sag Channel of the
sanitary district extending from the Little Calumet River near
Blue Island, Illinois, to the right-of-way of the main channel
of the sanitary district near Sag, Illinois.
    Lots 1, 3, 5, 21, 30, 31, 32, 33, 46, 48, 50, 52, 88, 89,
89a, 90, 91, 130, 132, 133, those parts of Lots 134 and 139
lying northeasterly of a tract of land leased to the Corn
Products Manufacturing Company from January 1, 1908, to
December 31, 2006; 1000 feet of Lot 141 lying southwesterly of
and adjoining the above mentioned leased tract measured
parallel with the main channel of the sanitary district; Lots
166, 168, 207, 208, and part of Lot 211 lying northeasterly of
a line 1500 feet southwesterly of the center line of Stephen
Street, Lemont, Illinois, and parallel with said street
measured parallel with said main channel; and Lot 212 of the
Sanitary District Trustees Subdivision of right-of-way from
the north and south center line of Section 30, Township 39
North, Range 14 East of the Third Principal Meridian, to Will
County line.
    That part of the right-of-way of the main channel of the
sanitary district in Section 14, Township 37 North, Range 11
East of the Third Principal Meridian, lying southerly of said
main channel, northerly of the Northerly Reserve Line of the
Illinois and Michigan Canal, and westerly of the Center line of
the old channel of the Des Plaines River.
    That part of said main channel right-of-way in Section 35,
Township 37 North, Range 10 East of the Third Principal
Meridian, lying east of said main channel and south of a line
1,319.1 feet north of and parallel with the south line of said
Section 35.
    That part of said main channel right-of-way in the
northeast quarter of the northwest quarter of Section 2,
Township 36 North, Range 10 East of the Third Principal
Meridian, lying east of said main channel.
    That part of said main channel right-of-way lying south of
Ninth Street in Lockport, Illinois.
    Notwithstanding any other law, if any surplus real estate
is located in an unincorporated territory and if that real
estate is contiguous to only one municipality, 60 days before
the sale of that real estate, the sanitary district shall
notify in writing the contiguous municipality of the proposed
sale. Prior to the sale of the real estate, the municipality
shall notify in writing the sanitary district that the
municipality will or will not annex the surplus real estate. If
the contiguous municipality will annex such surplus real
estate, then coincident with the completion of the sale of that
real estate by the sanitary district, that real estate shall be
automatically annexed to the contiguous municipality.
    All sales of real estate by the sanitary district must be
for cash, to the highest bidder upon open competitive bids, and
the proceeds of the sales may be used only for the construction
and equipment of sewage disposal plants, pumping stations and
intercepting sewers and appurtenances thereto, the acquisition
of sites and easements therefor, and the financing of the Local
Government Assistance Program established under Section 9.6c.
    However, the sanitary district may:
    (a) Remise, release, quit claim and convey, without the
approval of the Department of Natural Resources of the State of
Illinois acting by and through its Director, to the United
States of America without any consideration to be paid
therefor, in aid of the widening of the Calumet-Sag Channel of
the sanitary district by the United States of America, all
those certain lands, tenements and hereditaments of every kind
and nature of that portion of the established right-of-way of
the Calumet-Sag Channel lying east of the east line of Ashland
Avenue, in Blue Island, Illinois, and south of the center line
of the channel except such portion thereof as is needed for the
operation and maintenance of and access to the controlling
works lock of the sanitary district;
    (b) Without the approval of the Department of Natural
Resources of the State of Illinois acting by and through its
Director, give and grant to the United States of America
without any consideration to be paid therefor the right,
privilege and authority to widen the Calumet-Sag Channel and
for that purpose to enter upon and use in the work of such
widening and for the disposal of spoil therefrom all that part
of the right-of-way of the Calumet-Sag Channel owned by the
sanitary district lying south of the center line of the
Calumet-Sag Channel from its connection with the main channel
of the sanitary district to the east line of Ashland Avenue in
Blue Island, Illinois;
    (c) Make alterations to any structure made necessary by
such widening and to construct, reconstruct or otherwise alter
the existing highway bridges of the sanitary district across
the Calumet-Sag Channel;
    (d) Give and grant to the United States of America without
any consideration to be paid therefor the right to maintain the
widened Calumet-Sag Channel without the occupation or use of or
jurisdiction over any property of the sanitary district
adjoining and adjacent to such widened channel;
    (e) Acquire by lease, purchase, condemnation or otherwise,
whatever land, easements or rights of way, not presently owned
by it, that may be required by the United States of America in
constructing the Calumet-Sag Navigation Project, as approved
in Public Law 525, 79th Congress, Second Session as described
in House Document No. 677 for widening and dredging the
Calumet-Sag Channel, in improving the Little Calumet River
between the eastern end of the Sag Channel and Turning Basin
No. 5, and in improving the Calumet River between Calumet
Harbor and Lake Calumet;
    (f) Furnish free of cost to the United States all lands,
easements, rights-of-way and soil disposal areas necessary for
the new work and for subsequent maintenance by the United
States;
    (g) Provide for the necessary relocations of all utilities.
    Whatever land acquired by the sanitary district may
thereafter be determined by the Board of Trustees upon
recommendation of the general superintendent as not being
needed by the United States for the purposes of constructing
and maintaining the Calumet-Sag Navigation Project as above
described, shall be retained by the sanitary district for its
corporate purposes, or be sold, with all convenient speed,
vacated or released (but not leased) as its Board of Trustees
upon recommendation of the general superintendent may
determine: All sales of such real estate must be for cash, to
the highest bidder upon open, competitive bids, and the
proceeds of the sales may be used only for the purpose of
paying principal and interest upon the bonds authorized by this
Act, and if no bonds are then outstanding, for the purpose of
paying principal and interest upon any general obligation bonds
of the sanitary district, and for corporate purposes of the
sanitary district. When the proceeds are used to pay bonds and
interest, proper abatement shall be made in the taxes next
extended for such bonds and interest.
(Source: P.A. 89-445, eff. 2-7-96; 89-502, eff. 6-28-96;
90-568, eff. 1-1-99; 90-690, eff. 7-31-98.)
 
    (70 ILCS 2605/8c)  (from Ch. 42, par. 327c)
    Sec. 8c. Every lease of property no longer or not
immediately required for corporate purposes of a sanitary
district, from such district to others for a term not to exceed
99 years, in accordance with Section 8 of this Act, shall be
negotiated, created and executed in the following manner:
    (1) Notice of such proposed leasing shall be published for
3 consecutive weeks in a newspaper of general circulation
published in such sanitary district, if any, and otherwise in
the county containing such district.
    (2) Prior to receipt of bids for the lease under this
Section, the fair market value of every parcel of real property
to be leased must be determined by 2 professional appraisers
who are members of the American Institute of Real Estate
Appraisers or a similar, equivalently recognized professional
organization. The sanitary district acting through the general
superintendent may select and engage an additional appraiser
for such determination of fair market value. Every appraisal
report must contain an affidavit certifying the absence of any
collusion involving the appraiser and relating to the lease of
such property.
    (3) No Such lease must be awarded to the highest
responsible bidder (including established commercial or
industrial concerns and financially responsible individuals)
upon free and open competitive bids, except that no lease may
be awarded unless the bid of such highest responsible bidder
provides for an annual rental payment to the sanitary district
of at least 6% of the parcel's fair market value determined
under this Section, provided however, if the sanitary district
determines that a parcel contains a special development
impediment, defined as any condition that constitutes a
material impediment to the development or lease of a parcel,
and includes, but is not limited to: environmental
contamination, obsolescence, or advanced disrepair of
improvements or structures, or accumulation of large
quantities of non-indigenous materials, the sanitary district
may establish a minimum acceptable initial annual rental of
less than 6% of the parcel's fair market value for the initial
10 years of the lease. In no event will the annual rental
payment for each 10-year period after the initial 10 years of
the lease be less than the 6% of the parcel's fair market value
determined under this Section. Every lease must be awarded to
the highest responsible bidder (including established
commercial or industrial concerns and financially responsible
individuals) upon free and open competitive bids. In
determining the responsibility of any bidder, the sanitary
district may consider, in addition to financial
responsibility, any past records of transactions with the
bidder and any other pertinent factors, including but not
limited to, the bidder's performance or past record with
respect to any lease, use, occupancy, or trespass of sanitary
district or other lands.
    (4) Prior to acceptance of the bid of the highest
responsible bidder and before execution of the lease the bidder
shall submit to the board of commissioners and general
superintendent, for incorporation in the lease, a detailed plan
and description of improvements to be constructed upon the
leased property, the time within which the improvements will be
completed, and the intended uses of the leased property. If
there is more than one responsible bid, the board of
commissioners may authorize and direct the general
superintendent to solicit from the 2 highest responsible
bidders written amendments to their prior bids, increasing
their rental bid proposal by at least 5% in excess of their
prior written bid, or otherwise amending the financial terms of
their bid so as to maximize the financial return to the
sanitary district during the term of the proposed lease. Upon
the general superintendent's tentative agreement with one or
more amended bids, the bids may be submitted to the board of
commissioners with the recommendation of the general
superintendent for acceptance of one or rejection of all. The
amendments may not result in a diminution of the terms of the
transaction and must result in an agreement that is equal to or
greater in value than the highest responsible bid initially
received.
    (5) The execution of such lease must be contemporaneous to
the execution by the lessee, each member of the board of
commissioners and the general superintendent of an affidavit
certifying the absence of any collusion involving the lessee,
the members and the general superintendent and relating to such
lease.
    (6) No later than 30 days after the effective date of the
lease, the lessee must deliver to the sanitary district a
certified statement of the County Assessor, Township Assessor
or the county clerk of the county wherein the property is
situated that such property is presently contained in the
official list of lands and lots to be assessed for taxes for
the several towns or taxing districts in his county.
    (7) Such lease shall provide for a fixed annual rental
payment for the first year not less than 6% of the fair market
value as determined under this Section and may be subject to
annual adjustments based on changes in the Consumer Price Index
published by the United States Department of Labor, Bureau of
Labor Statistics, or some other well known economic
governmental activity index. Any lease, the term of which will
extend for 15 years or more, shall provide for a
redetermination of the fair market value (independent of
improvements to the property subsequent to the effective date
of the lease) after the initial 10 years and every 10 years
thereafter, in the manner set forth in paragraph (2) of this
Section, which redetermination shall be referred to as the
decennial adjustment. Where the property rental is less than 6%
of fair market value due to the existence of a special
development impediment, the first decennial adjustment shall
not occur until the twentieth year of the lease. Such said
redetermination shall to be as of the first day of each
succeeding 10 year period, and annual rental payments shall be
adjusted so that the ratio of annual rental to fair market
value shall be the same as that ratio for the first year of the
preceding 10 year period. The decennial adjustment shall not
exceed 100% of the rental in effect on the last day of the
preceding 10-year period, except when the property rental is
less than 6% of fair market value due to the existence of a
special development impediment, in which case, the decennial
adjustment shall not be so limited until the twentieth year of
the lease. The rental payment for the first year of the new 10
year period may be subject to Consumer Price Index or other
allowable index adjustments for each of the next 9 years, or
until the end of the lease term if there are less than 9 years
remaining.
    (8) A sanitary district may require compensation to be paid
in addition to rent, based on a reasonable percentage of
revenues derived from a lessee's business operations on the
leasehold premises or subleases, or may require additional
compensation from the lessee or any sublessee in the form of
services, including but not limited to solid waste disposal;
provided, however, that such additional compensation shall not
be considered in determining the highest responsible bid, said
highest responsible bid to be determined only on the initial
annual rental payment as set forth in paragraph (3) of this
Section.
    (9) No assignment of such lease or sublease of such
property is effective unless approved in writing by the general
superintendent and the board of commissioners of the sanitary
district. The district may consider, for any assignment or
sublease, all pertinent factors including the assignee's or
sublessee's responsibility in accordance with subparagraph (3)
of this Section. The sanitary district may also condition its
consent upon the redetermination of the annual rental required
to be paid under any lease initially executed on or before
January 1, 1983, for which the annual rent being paid
thereunder is less than 6% of the current appraised fair market
value of the leased property. The redetermination of any annual
rental under this Section shall be consistent with the
requirements of subparagraphs (2) and (3) of this Section. No
assignment or sublease is effective if the assignee or
sublessee is a trust constituted by real property of which the
trustee has title but no power of management or control, unless
the identity of the beneficiaries of the trust is revealed,
upon demand, to the general superintendent and the board of
commissioners of the sanitary district.
    (10) Failure by the lessee to comply with a provision in
the lease relating to improvements upon the leased property or
any other provision constitutes grounds for forfeiture of the
lease, and upon such failure the sanitary district acting
through the general superintendent shall serve the lessee with
a notice to terminate the lease and deliver possession of the
property to the sanitary district within a particular period.
    (11) If the general superintendent and the board of
commissioners conclude that it would be in the public interest,
said sanitary district may lease without complying with the
prior provisions of this Section, in accordance with an Act
concerning "Transfer of Real Estate between Municipal
Corporations", approved July 2, 1925, as amended, to the
following, upon such terms as may be mutually agreeable: (a)
the United States of America and the State of Illinois, County
of Cook, any municipal corporation, with provisions that the
property is to be applied exclusively for public recreational
purposes or other public purposes; (b) or any academic
institution of learning which has been in existence for 5 years
prior to said lease, provided that such lease limit the
institution's use of the leased land to only those purposes
relating to the operation of such institution's academic or
physical educational programs; or (c) any lease involving land
located in a county with a population of 100,000 or less and
which is leased solely for agricultural or commercial
recreational uses. Any lease issued in accordance with this
paragraph shall contain the provisions without complying with
the prior provisions of this section, upon such terms as may be
mutually agreed upon, in accordance with an act concerning
"Transfer of Real Estate between Municipal Corporations",
approved July 2, 1925, as amended, with provisions that such
property is to be applied exclusively to public recreational
purposes or other public purposes and that such lease is
terminable in accordance with service of a one-year notice to
terminate after determination by the board of commissioners and
the general superintendent that such property (or part thereof)
has become essential to the corporate purposes of the sanitary
district.
(Source: P.A. 92-16, eff. 6-28-01; 93-988, eff. 8-23-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/11/2007