State of Illinois
91st General Assembly
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Public Act 91-0248

SB99 Enrolled                                  LRB9101165MWgc

    AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
District Act by changing Section 8c.

    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 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  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. 85-1342.)

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