99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0728

 

Introduced 2/3/2015, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-76-2  from Ch. 24, par. 11-76-2

    Amends the Illinois Municipal Code. Provides that a municipality that has acquired real estate following demolition shall, prior to disposing of the property, publish notice or may post such notice on its website not less than 30 days before the day provided in the notice for the opening of bids for the real estate. Sets forth the information that must be posted to the municipality's website concerning such notice requirements. Effective immediately.


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A BILL FOR

 

SB0728LRB099 07832 AWJ 27967 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-76-2 as follows:
 
6    (65 ILCS 5/11-76-2)  (from Ch. 24, par. 11-76-2)
7    Sec. 11-76-2. An ordinance directing a sale, or a lease of
8real estate for any term in excess of 20 years, shall specify
9the location of the real estate, the use thereof, and such
10conditions with respect to further use of the real estate as
11the corporate authorities may deem necessary and desirable to
12the public interest. Before the corporate authorities of a city
13or village make a sale, by virtue of such an ordinance, notice
14of the proposal to sell shall be published once each week for 3
15successive weeks in a daily or weekly paper published in the
16city or village, or if there is none, then in some paper
17published in the county in which the city or village is
18located. The first publication shall be not less than 30 days
19before the day provided in the notice for the opening of bids
20for the real estate. The notice shall contain an accurate
21description of the property, state the purpose for which it is
22used and at what meeting the bids will be considered and
23opened, and shall advertise for bids therefor. All such bids

 

 

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1shall be opened only at a regular meeting of the corporate
2authorities. The corporate authorities may accept the high bid
3or any other bid determined to be in the best interest of the
4city or village by a vote of 3/4 of the corporate authorities
5then holding office, but by a majority vote of those holding
6office, they may reject any and all bids. The consideration for
7such a sale may include but need not be limited to the
8provision of off-street parking facilities by the purchaser,
9which parking facilities may be made part of the municipal
10parking system. Such consideration also may include the
11provision of other public facilities by the purchaser.
12    Before the corporate authorities of the city or village
13make a lease of real estate for a term in excess of 20 years,
14they shall give notice of intent to adopt such an ordinance.
15The notice must be published at least once in a daily or weekly
16newspaper published in the city or village, and if there is
17none, then in some paper published in the county in which the
18city or village is located. The publication must be not less
19than 15 nor more than 30 days before the date on which it is
20proposed to adopt such an ordinance. The notice must contain an
21accurate description of the property, state the purpose for
22which it is used and the restrictions upon the proposed use of
23the property to be leased. The corporate authorities may
24negotiate the consideration and terms of such lease. Such
25consideration may include the provision of off-street parking
26facilities by the lessee, which parking facilities may be made

 

 

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1part of the municipal parking system. Such consideration also
2may include the provision of other public facilities by the
3lessee on the real estate acquired. The corporate authorities
4may contract with the lessee for the use of a portion of a
5structure or improvement to be constructed on the real estate
6leased.
7    If such real estate is utilized in part for private use and
8in part for public use, those portions of the improvements
9devoted to private use are fully taxable. The land shall be
10exempt from taxation to the extent that the uses thereon are
11public and taxable to the extent that the uses are private. The
12taxable portion of the land is that percentage of the land's
13total assessed valuation that the private development thereon
14bears to the total development thereon. Nothing in this Section
15prevents the corporate authorities from determining to sell or
16lease such property to the highest responsible bidder. The
17corporate authorities may provide by ordinance for the
18procedure to be followed in securing bids for the sale or lease
19of the subject property. The disposition of real estate
20acquired pursuant to (a) Section 6 of the "Urban Community
21Conservation Act", approved July 13, 1953, as now or hereafter
22amended, (b) Sections 12, 22 and 31 of the "Urban Renewal
23Consolidation Act of 1961", approved August 15, 1961, as now or
24hereafter amended, or (c) Division 11 of this Article by a
25municipality as the Local Public Agency under an urban renewal
26program as defined therein, is exempt from the requirements of

 

 

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1this Section. Additionally, leases to persons or corporations
2of municipally-owned or operated airport lands, buildings,
3structures or other facilities for the shelter, servicing,
4manufacturing and repair of aircraft, aircraft parts or
5accessories, or for receiving and discharging passengers and,
6or cargo, are exempt from the requirements of this Section.
7    A municipality that has acquired real estate following
8demolition under Section 11-31-1 of this Code shall, prior to
9disposing of the property, publish notice as required by this
10Section, or may post such notice on its official website, not
11less than 30 days before the day provided in the notice for the
12opening of bids for the real estate. The notice on the
13municipality's website shall contain an accurate description
14of the property, state the purpose for which it is used or to
15be used, state at what meeting the bids will be considered and
16opened, and shall advertise for bids therefor.
17(Source: Laws 1968, p. 519.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.