Bill Text: IL SB0505 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Public Building Commission Act. Makes a technical change to a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Failed) 2015-01-13 - Session Sine Die [SB0505 Detail]

Download: Illinois-2013-SB0505-Amended.html

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Sen. Steve Stadelman

Filed: 4/2/2014

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AMENDMENT TO SENATE BILL 505
AMENDMENT NO. ______. Amend Senate Bill 505 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Section 11-76-2 as follows:
(65 ILCS 5/11-76-2) (from Ch. 24, par. 11-76-2)
Sec. 11-76-2. An ordinance directing a sale, or a lease of
real estate for any term in excess of 20 years, shall specify
the location of the real estate, the use thereof, and such
conditions with respect to further use of the real estate as
the corporate authorities may deem necessary and desirable to
the public interest. Before the corporate authorities of a city
or village make a sale, by virtue of such an ordinance, notice
of the proposal to sell shall be published once each week for 3
successive weeks in a daily or weekly paper published in the
city or village, or if there is none, then in some paper

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published in the county in which the city or village is
located. The first publication shall be not less than 30 days
before the day provided in the notice for the opening of bids
for the real estate. The notice shall contain an accurate
description of the property, state the purpose for which it is
used and at what meeting the bids will be considered and
opened, and shall advertise for bids therefor. All such bids
shall be opened only at a regular meeting of the corporate
authorities. The corporate authorities may accept the high bid
or any other bid determined to be in the best interest of the
city or village by a vote of 3/4 of the corporate authorities
then holding office, but by a majority vote of those holding
office, they may reject any and all bids. The consideration for
such a sale may include but need not be limited to the
provision of off-street parking facilities by the purchaser,
which parking facilities may be made part of the municipal
parking system. Such consideration also may include the
provision of other public facilities by the purchaser.
Before the corporate authorities of the city or village
make a lease of real estate for a term in excess of 20 years,
they shall give notice of intent to adopt such an ordinance.
The notice must be published at least once in a daily or weekly
newspaper published in the city or village, and if there is
none, then in some paper published in the county in which the
city or village is located. The publication must be not less
than 15 nor more than 30 days before the date on which it is

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proposed to adopt such an ordinance. The notice must contain an
accurate description of the property, state the purpose for
which it is used and the restrictions upon the proposed use of
the property to be leased. The corporate authorities may
negotiate the consideration and terms of such lease. Such
consideration may include the provision of off-street parking
facilities by the lessee, which parking facilities may be made
part of the municipal parking system. Such consideration also
may include the provision of other public facilities by the
lessee on the real estate acquired. The corporate authorities
may contract with the lessee for the use of a portion of a
structure or improvement to be constructed on the real estate
leased.
If such real estate is utilized in part for private use and
in part for public use, those portions of the improvements
devoted to private use are fully taxable. The land shall be
exempt from taxation to the extent that the uses thereon are
public and taxable to the extent that the uses are private. The
taxable portion of the land is that percentage of the land's
total assessed valuation that the private development thereon
bears to the total development thereon. Nothing in this Section
prevents the corporate authorities from determining to sell or
lease such property to the highest responsible bidder. The
corporate authorities may provide by ordinance for the
procedure to be followed in securing bids for the sale or lease
of the subject property. The disposition of real estate

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acquired pursuant to (a) Section 6 of the "Urban Community
Conservation Act", approved July 13, 1953, as now or hereafter
amended, (b) Sections 12, 22 and 31 of the "Urban Renewal
Consolidation Act of 1961", approved August 15, 1961, as now or
hereafter amended, or (c) Division 11 of this Article by a
municipality as the Local Public Agency under an urban renewal
program as defined therein, is exempt from the requirements of
this Section. Additionally, leases to persons or corporations
of municipally-owned or operated airport lands, buildings,
structures or other facilities for the shelter, servicing,
manufacturing and repair of aircraft, aircraft parts or
accessories, or for receiving and discharging passengers and,
or cargo, are exempt from the requirements of this Section.
A municipality that has acquired real estate following
demolition under Section 11-31-1 of this Code shall, prior to
disposing of the property, publish notice as required by this
Section, or may post such notice on its official website, not
less than 30 days before the day provided in the notice for the
opening of bids for the real estate. The notice on the
municipality's website shall contain an accurate description
of the property, state the purpose for which it is used or to
be used, and at what meeting the bids will be considered and
opened, and shall advertise for bids therefor.
(Source: Laws 1968, p. 519.)
Section 99. Effective date. This Act takes effect upon

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becoming law.".