Illinois General Assembly - Full Text of Public Act 093-0988
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Public Act 093-0988


 

Public Act 0988 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0988
 
HB0837 Enrolled LRB093 05638 WGH 05731 b

    AN ACT in relation to the Metropolitan Water Reclamation
District.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Section 8c and by adding Section 295 as
follows:
 
    (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) 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 fair market value determined under this Section.
    (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, said redetermination 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 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. 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 to the United States of
America and the State of Illinois, County of Cook, any
municipal corporation, or any academic institution of higher
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 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. 91-248, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
    (70 ILCS 2605/295 new)
    Sec. 295. District enlarged. Upon the effective date of
this amendatory Act of the 93rd General Assembly, the corporate
limits of the Metropolitan Water Reclamation District are
extended to include within those limits the following described
tracts of land and those tracts are annexed to the District.
    Parcel 1:
    THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 35 NORTH,
    RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT
    PART TAKEN FOR ROAD PURPOSES IN RIDGELAND AVENUE AND EXCEPT
    THAT PART LYING IN THE MICHIGAN CENTRAL RAILROAD RIGHT OF
    WAY AND EXCEPT THE NORTH 208.71 FEET OF THE WEST 313.07
    FEET OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19
    LYING SOUTH OF THE SOUTH RIGHT OF WAY OF U.S. ROUTE 30, ALL
    IN COOK COUNTY, ILLINOIS.
    Parcel 2:
    THE WEST 75 ACRES OF THE NORTHEAST QUARTER OF SECTION 15,
    TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
    MERIDIAN, IN COOK COUNTY, ILLINOIS.
    Parcel 3:
    THE SOUTH 242.29 FEET (AS MEASURED ALONG THE EAST LINE) OF
    LOT 8 IN BLOCK 14 IN ARTHUR T. McINTOSH & COMPANY'S
    CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE
    SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE
    13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
    PLAT THEREOF RECORDED JANUARY 23, 1952 AS DOCUMENT NO.
    15259571, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF
    ADJOINING STREET.
    Parcel 4:
    HERBERT'S RESUBDIVISION OF LOT 9 IN BLOCK 14 IN ARTHUR T.
    McINTOSH & COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING
    A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15,
    TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
    MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF
    ADJOINING STREETS.
    Parcel 5:
    THE SOUTH 150 FEET (AS MEASURED ON THE EAST AND WEST LINES
    THEREOF) OF LOT 2 IN BLOCK 13 IN ARTHUR T. McINTOSH &
    COMPANY'S CRAWFORD COUNTRYSIDE UNIT 2, BEING A SUBDIVISION
    OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH,
    RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
    TO PLAT THEREOF RECORDED PER DOCUMENT NO. 15259571, IN COOK
    COUNTY, ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
    Parcel 6:
    THE EAST 100.0 FEET OF THE SOUTH 125.0 FEET OF LOT 4 IN
    BLOCK 13 IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD
    COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE
    SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE
    13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
    ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
    Parcel 7:
    THE WEST HALF OF THE SOUTH 125 FEET OF LOT 4, IN BLOCK 13,
    IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE
    UNIT NO. 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF
    SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD
    PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT
    PART OF ADJOINING STREET.
    Parcel 8:
    THE SOUTH HALF OF LOT 5, IN BLOCK 13, IN ARTHUR T. McINTOSH
    AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A
    SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15,
    TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
    MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF
    ADJOINING STREET.
    Parcel 9:
    LOT 15 (EXCEPT THE WEST 50.0 FEET THEREOF) IN BLOCK 12 IN
    ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT
    NUMBER 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF
    SECTION 15, TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD
    PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT
    PART OF ADJOINING STREET.
    Parcel 10:
    THAT PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST
    QUARTER OF SECTION TWENTY ONE, TOWNSHIP FORTY-ONE NORTH,
    RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED
    AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF
    SECTION TWENTY-ONE, AFORESAID; THENCE SOUTH 00 DEGREES 20
    MINUTES 03 SECONDS WEST, BEING AN ASSUMED BEARING ON THE
    EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
    TWENTY-ONE, A DISTANCE OF 567.31 FT. TO THE WESTERLY LINE
    OF JACOBS' FARM SUBDIVISION, RECORDED NOVEMBER 4, 1994 AS
    DOCUMENT NO. 94944947; THENCE SOUTH 38 DEGREES 21 MINUTES
    58 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID JACOBS'
    FARM SUBDIVISION, A DISTANCE OF 108.45 FT. TO THE APPARENT
    NORTHERLY RIGHT-OF-WAY LINE OF IRVING PARK ROAD (ALSO KNOWN
    AS ILLINOIS ROUTE 19); THENCE NORTH 57 DEGREES 29 MINUTES
    24 SECONDS WEST, ON SAID APPARENT NORTHERLY RIGHT-OF-WAY
    LINE, A DISTANCE OF 266.15 FT. (266.40 FT.=DEED) TO AN
    ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE CONTINUING
    NORTH 53 DEGREES 43 MINUTES 44 SECONDS WEST, ON SAID
    APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 284.32
    FT. TO AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE
    CONTINUING NORTH 51 DEGREES 25 MINUTES 54 SECONDS WEST, ON
    SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF
    657.65 FT. (657.68 FT.=DEED) TO THE MOST SOUTHERLY CORNER
    OF OUTLOT "H" IN STERLING OAKS UNIT TWO, RECORDED JULY 15,
    2002 AS DOCUMENT NUMBER 0020769602 AND AMENDED BY
    CERTIFICATE OF CORRECTION RECORDED AUGUST 12, 2002 AS
    DOCUMENT NUMBER 0020876507; THENCE NORTH 38 DEGREES 28
    MINUTES 51 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF
    SAID STERLING OAKS UNIT TWO, A DISTANCE OF 65.47 FT.;
    THENCE SOUTH 51 DEGREES 25 MINUTES 54 SECONDS EAST, A
    DISTANCE OF 69.76 FT.; THENCE SOUTH 39 DEGREES 05 MINUTES
    55 SECONDS EAST, DISTANCE OF 167.72 FT.; THENCE SOUTH 88
    DEGREES 08 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.79
    FT.; THENCE NORTH 45 DEGREES 51 MINUTES 58 SECONDS EAST, A
    DISTANCE OF 145.34 FT.; THENCE NORTH 12 DEGREES 30 MINUTES
    09 SECONDS EAST, A DISTANCE OF 85.19 FT.; THENCE NORTH 24
    DEGREES 28 MINUTES 33 SECONDS EAST, A DISTANCE OF 147.51
    FT.; THENCE NORTH 39 DEGREES 03 MINUTES 52 SECONDS EAST, A
    DISTANCE OF 248.14 FT.(248.33 FT=DEED); THENCE SOUTH 61
    DEGREES 25 MINUTES 18 SECONDS EAST, A DISTANCE OF 46.86 FT.
    TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 99.59 FT.
    ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING
    A RADIUS OF 180.0 FT., AND A CHORD DISTANCE BEARING OF
    SOUTH 77 DEGREES 16 MINUTES 17 SECONDS EAST, AND A CHORD
    DISTANCE OF SOUTH 98.32 FT. TO THE POINT OF TANGENCY;
    THENCE NORTH 86 DEGREES 52 MINUTES 44 SECONDS EAST, A
    DISTANCE OF 199.89 FT. TO THE EAST LINE OF THE NORTHWEST
    QUARTER OF SAID SECTION TWENTY-ONE; THENCE SOUTH 00 DEGREES
    20 MINUTES 03 SECONDS WEST, ON THE EAST LINE OF THE
    NORTHWEST QUARTER OF SAID SECTION TWENTY-ONE, A DISTANCE OF
    420.86 FT. TO THE POINT OF BEGINNING, IN HANOVER TOWNSHIP,
    COOK COUNTY, ILLINOIS, CONTAINING 16.612 ACRES MORE OR
    LESS. ALSO ALL THAT PART OF IRVING PARK ROAD (ALSO KNOWN AS
    ILLINOIS ROUTE 19) LYING SOUTHWESTERLY OF AND ADJOINING THE
    ABOVE DESCRIBED PROPERTY, ALL IN COOK COUNTY, ILLINOIS.
    Parcel 11:
    THAT PART OF SECTIONS EIGHT, SIXTEEN AND SEVENTEEN,
    TOWNSHIP 41 NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL
    MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE
    INTERSECTION OF THE SOUTH LINE OF THE 100 FOOT WIDE
    RIGHT-OF-WAY OF GOLF ROAD (ILLINOIS ROUTE 58) AND THE EAST
    LINE OF THE 66 FOOT WIDE RIGHT-OF-WAY OF ROHRSSEN ROAD;
    THENCE SOUTH 16 DEGREES 32 MINUTES 42 SECONDS WEST ALONG
    THE EAST LINE OF SAID ROHRSSEN ROAD RIGHT-OF-WAY 310.04
    FT.; THENCE NORTH 73 DEGREES 27 MINUTES 18 SECONDS WEST,
    66.00 FT. TO A POINT IN THE WEST RIGHT-OF WAY LINE OF SAID
    ROHRSSEN ROAD; THENCE SOUTH 89 DEGREES 36 MINUTES 01
    SECONDS WEST, 807.31 FT.; THENCE NORTH 00 DEGREES 29
    MINUTES 00 SECONDS WEST, 81.82 FT.; THENCE SOUTH 87 DEGREES
    13 MINUTES 49 SECONDS WEST, 725.00 FT.; THENCE NORTH 00
    DEGREES 48 MINUTES 30 SECONDS WEST, 673.60 FT. TO A POINT
    IN THE SOUTH LINE OF SAID 100 FOOT WIDE RIGHT-OF-WAY OF
    GOLF ROAD AFORESAID, SAID POINT BEING ON A 3947.40 FOOT
    RADIUS CURVE; THENCE EASTERLY ALONG SAID 3947.40 FOOT
    RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 17.70 FT. TO A
    POINT OF TANGENCY IN SAID RIGHT-OF-WAY LINE; THENCE SOUTH
    75 DEGREES 16 MINUTES 32 SECONDS EAST, 1482.69 FT. TO A
    POINT OF CURVATURE IN SAID RIGHT-OF-WAY LINE; THENCE ALONG
    A 4126.70 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF
    181.70 FT. TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF SAID
    ROHRSSEN ROAD; THENCE SOUTH 79 DEGREES 03 MINUTES 37
    SECONDS EAST, 66.32 FT. TO THE POINT OF BEGINNING, TOGETHER
    WITH ALL THAT PART OF THE 100 FOOT WIDE GOLF ROAD
    RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE
    DESCRIBED TRACT OF LAND, ALL IN COOK COUNTY, ILLINOIS,
    CONTAINING 21.94 ACRES MORE OR LESS.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2004