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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 76
(65 ILCS 5/Art. 11 Div. 76 heading)
DIVISION 76.
SALE OR LEASE OF REAL OR
PERSONAL PROPERTY
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65 ILCS 5/11-76-1
(65 ILCS 5/11-76-1) (from Ch. 24, par. 11-76-1)
Sec. 11-76-1.
Any city or village incorporated under any general or special
law which acquires or holds any real estate for any purpose whatsoever,
except real estate granted to a municipality as commons by a grant which
has been confirmed by the government of the United States, has the power to
lease the real estate for any term not exceeding 99 years, and to convey
the real estate when, in the opinion of the corporate authorities, the real
estate is no longer necessary, appropriate, required for the use of,
profitable to, or for the best interests of the city or village. This power
shall be exercised by an ordinance passed by three-fourths of the corporate
authorities of the city or village then holding office, at any regular
meeting or at any special meeting called for that purpose. However, the
corporate authorities have the power to authorize any municipal officer to
make leases for terms not exceeding 2 years in such manner as they may
determine. The disposition of real estate acquired pursuant to Section 6 of
the "Urban Community Conservation Act", approved July 13, 1953, as
heretofore and hereafter amended, and acquired pursuant to Sections 12,
22 and 31 of the "Urban Renewal Consolidation Act of 1961", enacted by the
Seventy-Second General Assembly, and acquired pursuant to Division 11-11
by a municipality as the Local Public Agency under an urban renewal project
as defined therein, shall be exempt from the requirements of this section.
(Source: Laws 1967, p. 3425.)
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65 ILCS 5/11-76-2
(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 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 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 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.
(Source: Laws 1968, p. 519.)
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65 ILCS 5/11-76-3
(65 ILCS 5/11-76-3) (from Ch. 24, par. 11-76-3)
Sec. 11-76-3.
When the ordinance has been adopted and the consideration
paid or secured, as provided in Section 11-76-2, the mayor, or president,
and the municipal clerk, may convey the real estate and transfer it, by
proper deed of conveyance, stating therein the consideration therefor, with
the seal of the city or village.
(Source: Laws 1967, p. 3435.)
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65 ILCS 5/11-76-4
(65 ILCS 5/11-76-4) (from Ch. 24, par. 11-76-4)
Sec. 11-76-4.
Whenever a city or village incorporated under any general or
special law, other than a city or village of 500,000 or more population,
owns any personal property which in the opinion of a simple majority of the
corporate authorities then holding office, is no longer necessary or useful
to, or for the best interests of the city or village, such a majority of
the corporate authorities then holding office, at any regular meeting or at
any special meeting called for that purpose, (1) by ordinance may authorize
the sale of that personal property in such manner as they may designate,
with or without advertising the sale, or (2) may authorize any municipal
officer to convert that personal property into some other form that is
useful to the city or village by using the material in the personal
property, or (3) may authorize any municipal officer to convey or turn in
any specified article of personal property as part payment on a new
purchase of any similar article. However, no article shall be turned in as
part of the purchase price on any purchase except upon receipt of
competitive bids, in such manner as may be prescribed by ordinance, after
notice to all bidders that the article will be turned over as part of the
purchase price.
In cities or villages of 500,000 or more population, the sale of any
such personal property shall be governed by the provisions of Division 10
of Article 8.
(Source: P.A. 88-355.)
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65 ILCS 5/11-76-4.1
(65 ILCS 5/11-76-4.1) (from Ch. 24, par. 11-76-4.1)
Sec. 11-76-4.1.
Sale of surplus real estate.
The corporate
authorities of a municipality by resolution may authorize the sale or public
auction of
surplus public real estate. The value of the real estate shall be
determined by a written MAI certified appraisal or by a written certified
appraisal of a State certified or licensed real estate appraiser. The
appraisal shall be available for public inspection. The resolution may direct
the sale to be conducted by the staff of the municipality; by
listing
with local licensed real estate agencies, in which case the terms of the
agent's compensation shall be included in the resolution; or by public
auction. The resolution
shall be published at the first opportunity following its passage in a
newspaper published in the municipality or, if none, then in a newspaper
published in the county where the municipality is located. The resolution
shall also contain pertinent information concerning the size, use, and
zoning of the real estate and the terms of sale. The corporate authorities
may accept any contract proposal determined by them to be in the best
interest of the municipality by a vote of two-thirds of
the
corporate authorities then holding office, but in no event at a price
less
than 80% of the appraised value.
(Source: P.A. 88-355; 89-78, eff. 6-30-95.)
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65 ILCS 5/11-76-4.2
(65 ILCS 5/11-76-4.2) (from Ch. 24, par. 11-76-4.2)
Sec. 11-76-4.2.
Surplus property; alternative method of sale.
(a) This Section applies to any municipality with a population of less
than 20,000 which is situated wholly or partially within a county that has
an unemployment rate, as determined by the Illinois Department of
Employment Security, higher than the national unemployment average, as
determined by the U.S. Department of Labor, for at least one month during
the 6 months preceding the adoption of a resolution to sell real estate
under this Section.
(b) If a municipality has either (1) adopted an ordinance to sell
surplus real estate under Section 11-76-2 and has received no bid on a
particular parcel or (2) adopted a resolution to sell surplus real estate
under Section 11-76-4.1 and has received no acceptable offer on a
particular parcel within 6 months after adoption of the resolution, then
that parcel of surplus real estate may be sold in the manner set forth in
subsection (c) of this Section.
(c) If the requirements of subsections (a) and (b) of this Section are
met, then the corporate authorities may, by resolution, authorize the sale
of a parcel of surplus public real estate in either of the following
manners: (1) by the staff of the municipality; (2) by listing with local
licensed real estate agencies; or (3) by public auction. The terms of the
sale, the compensation of the agent, if any, the time and the place of the
auction, if applicable, a legal description of the property and its size,
use and zoning shall be included in the resolution. The resolution shall
be published once each week for 3 successive weeks in a daily or weekly
newspaper published in the municipality or, if none, in a newspaper
published in the county in which the municipality is located. No sale may
be conducted until at least 30 days after the first publication. The
corporate authorities may accept any offer or bid determined by them to be
in the best interest of the municipality by a vote of three-fourths of the
corporate authorities then holding office.
(Source: P.A. 86-331.)
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65 ILCS 5/11-76-5
(65 ILCS 5/11-76-5) (from Ch. 24, par. 11-76-5)
Sec. 11-76-5.
If, in the opinion of the corporate authorities of a
municipality with a population not exceeding 100,000 which is situated upon
the banks of a navigable river, the land owned by the municipality for the
purpose of a public landing or public levee, is not immediately required
for that purpose, the municipality may lease, for a period not exceeding 25
years, such parts of the landing or levee as the corporate authorities
think best, for the purpose of erecting manufactories, warehouses, or grain
elevators thereon.
No lease specified in this section shall take effect until approved by a
resolution or ordinance of the corporate authorities of the municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-76-6
(65 ILCS 5/11-76-6) (from Ch. 24, par. 11-76-6)
Sec. 11-76-6.
The corporate authorities of each municipality may enter into
a lease for a period of not to exceed 5 years for such equipment and
machinery as may be required for corporate purposes when authorized by the
affirmative vote of two-thirds of the corporate authorities.
(Source: Laws 1961, p. 2841.)
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65 ILCS 5/Art. 11 Div. 76.1
(65 ILCS 5/Art. 11 Div. 76.1 heading)
DIVISION 76.1.
PURCHASE OR LEASE OF REAL OR
PERSONAL PROPERTY
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65 ILCS 5/11-76.1-1
(65 ILCS 5/11-76.1-1) (from Ch. 24, par. 11-76.1-1)
Sec. 11-76.1-1.
The corporate authorities of each municipality having a
population of less than 500,000 inhabitants have the power by ordinance
adopted by an affirmative vote of two-thirds of the elected corporate
authorities then holding office:
(i) To purchase or lease real or personal property for public purposes
pursuant to contracts or leases which provide for the consideration for
such purchase or lease to be paid in annual installments during a period
not exceeding 20 years;
(ii) To lease as lessee and to purchase real property or personal
property for public purposes pursuant to a lease or purchase agreement
which lease or purchase agreement may provide that the municipality may, at
its option, purchase the property which is subject to the agreement or
lease upon terms wherein payments previously made, or a portion of them,
are deducted from the purchase price of the property as provided for in
such lease or agreement.
A municipality, having adopted and filed with the municipal clerk such
installment or lease agreement, executed by officers of the municipality,
may issue debt certificates to any person either in lieu of or in evidence
of the amounts payable under such lease or installment agreement. Such
certificates may contain such terms as are provided for the issuance of
bonds generally under Section 10 of the Local Government Debt Reform Act, as
now or hereafter amended, except to the extent such terms expressly
conflict with limitations set forth in this Division. Cash proceeds
received upon issuance of such certificates shall be duly applied to the
acquisition and construction and payment for the real or personal property
which is the subject of such installment or lease agreement.
(Source: P.A. 85-1419.)
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65 ILCS 5/11-76.1-2
(65 ILCS 5/11-76.1-2) (from Ch. 24, par. 11-76.1-2)
Sec. 11-76.1-2.
Whenever and as often as a municipality enters into a
lease or purchase agreement, the governing body of such municipality
shall provide by ordinance for the levy and collection of a direct
annual tax sufficient to pay the annual installments or rent provided
for by any such lease or agreement as and when it becomes due and
payable. A certified copy of the lease or agreement as entered into by
the municipality and a certified copy of the tax levy ordinance of such
municipality providing for the levy and collection of a direct annual
tax sufficient to pay the annual installments of such lease or agreement
shall be filed in the office of the County Clerk of each county in which
any portion of the territory of such municipality is situated, which
certified copies shall constitute the authority for the clerk or clerks
in each case to extend the taxes annually necessary to pay the annual
installments payable under any such lease or agreement as and when the
same become due and payable.
Upon such filing in the office of the County Clerk, or clerks, of the
proper county, it shall be the duty of such County Clerk, or clerks, to
ascertain the rate per cent which, upon the value of all property
subject to taxation within the municipality as that property is assessed
or equalized by the Department of Revenue will produce
a net amount of not less than the amount of the annual installments
provided for in such lease or agreement. The County Clerk, or clerks,
shall thereupon and thereafter annually extend taxes against all of the
taxable property contained in that municipality sufficient to pay the
annual installments provided for in such lease or agreement. Such tax
shall be levied and collected in like manner with the other taxes of
such municipality and shall be in addition and in excess of all other
taxes now or hereafter authorized to be levied by that municipality.
This tax shall not be included within any statutory limitation of rate
or amount for that municipality but shall be excluded therefrom and be
in addition thereto and in excess thereof. The funds realized from such
tax levy shall be set aside for the payment of the annual rent and shall
not be disbursed for any other purpose until the annual installment has
been paid in full.
Notwithstanding anything in this Code to the contrary, each
municipality may enter into leases and agreements as provided herein and
such leases or agreements may be made and the obligation and expense
thereunder incurred without making a previous appropriation therefor.
(Source: P.A. 81-1509.)
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65 ILCS 5/11-76.1-3
(65 ILCS 5/11-76.1-3) (from Ch. 24, par. 11-76.1-3)
Sec. 11-76.1-3.
After the ordinance providing for the lease or purchase
of real or personal property has been passed, it shall be published at
least twice within 30 days after its passage in one or more newspapers
published in the municipality, or, if no newspaper is published therein,
then in one or more newspapers with a general circulation within the
municipality. In municipalities with less than 500 population in which no
newspaper is published, publication may instead be made by posting a notice
in 3 prominent places within the municipality. The ordinance shall not
become effective until 30 days after its second publication.
(Source: P.A. 87-767.)
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65 ILCS 5/11-76.1-4
(65 ILCS 5/11-76.1-4) (from Ch. 24, par. 11-76.1-4)
Sec. 11-76.1-4.
Whenever a petition signed by the electors of any
specified municipality equal in number to 10% or more of the total number
of registered voters in the municipality, is filed
with the municipal clerk of any such municipality which has
adopted an ordinance pursuant to the powers granted in Section 11-76.1-1
of this Code, and such petition has been filed with the clerk of the
municipality within 30 days of the second publication of the notice
required in Section 11-76.1-3 of this Code which notice shall include (1)
the specific number of voters required to sign the petition; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum, the corporate authorities
shall order the submission of the question to the
municipal electors and designate the election at which the
question shall be submitted. The municipal clerk shall certify the question
to the proper election authority. The municipal clerk shall provide
a petition form to any individual requesting one.
The proposition shall be substantially in the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall the ordinance passed by the city council (or board of YES trustees, etc.) of (name of municipality) on (insert date), - - - - - - - - - - - - - - - - - - - - - - - - - - - -
entitled ............., which provides (stating the nature of the proposed ordinance), become NO effective? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast on the questions are in favor of the
proposition, the corporate authorities shall have the authority granted
to them by Section 11-76.1-1.
This amendatory Act of 1975 is not a limit on any municipality which
is a home rule unit.
(Source: P.A. 91-357, eff. 7-29-99 .)
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65 ILCS 5/Art. 11 Div. 76.2
(65 ILCS 5/Art. 11 Div. 76.2 heading)
DIVISION 76.2.
EXCHANGE OF REAL ESTATE
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65 ILCS 5/11-76.2-1
(65 ILCS 5/11-76.2-1) (from Ch. 24, par. 11-76.2-1)
Sec. 11-76.2-1.
A public hearing on a proposal to exchange real estate
shall be held, pursuant to a 3/4 vote of the members of the corporate authorities
of a municipality then holding office. No exchange of real estate shall
be made unless such a public hearing is held prior to the agreement being entered into.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-2
(65 ILCS 5/11-76.2-2) (from Ch. 24, par. 11-76.2-2)
Sec. 11-76.2-2.
Upon action being duly adopted pursuant to Section 11-76.2-1
above, a public hearing shall be held by the corporate authorities at a
time and place to be designated by them upon such proposal, pursuant to
notice of public hearing duly published in a newspaper of general circulation
published in said municipality or if no such newspaper
is so published then in a newspaper published in the county in which said
municipality is wholly or partially situated that has a general circulation
in said municipality. Said notice shall be so published not less than 15
days nor more than 30 days prior to the date of the hearing; and shall set
forth a legal description of the property or properties to be so exchanged,
as well as the property or properties that the municipality is to receive
through such exchange, and the proposed terms and conditions otherwise of such exchange.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-3
(65 ILCS 5/11-76.2-3) (from Ch. 24, par. 11-76.2-3)
Sec. 11-76.2-3.
After the conclusion of said public hearing, the corporate
authorities of the municipality may by a 3/4 vote of the corporate authorities
then holding office authorize the exchange as proposed, or as modified as
they may find desirable after the holding of the hearing.
In case an exchange is so authorized, the authorization shall be by ordinance,
wherein findings shall be made as follows: (1) that the premises to be conveyed
by the municipality under such exchange, in the opinion of the city council
or board of trustees are no longer needed by the municipality for the public
interest; (2) that the premises to be received by the municipality under
such exchange will prove useful to the municipality and will be for the
public interest; and (3) that the total value of the substitutional premises
is approximately equal to or exceeds the value of the premises for which
same are being exchanged, as determined by the corporate authorities, taking
into consideration the long term best interest of the public.
(Source: P.A. 81-858.)
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65 ILCS 5/11-76.2-4
(65 ILCS 5/11-76.2-4) (from Ch. 24, par. 11-76.2-4)
Sec. 11-76.2-4.
When the ordinance has been adopted, an exchange agreement
entered into and consideration
secured, as provided under such authorized exchange, the mayor or president,
and the municipal clerk, may convey the real estate to be given by the municipality
under such exchange and transfer same, by proper deed of conveyance, stating
therein the consideration therefor, with the seal of the municipality.
(Source: P.A. 81-858.)
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65 ILCS 5/Art. 11 Div. 77
(65 ILCS 5/Art. 11 Div. 77 heading)
DIVISION 77.
LEASES WITH STATE AND FEDERAL
GOVERNMENTS
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65 ILCS 5/11-77-1
(65 ILCS 5/11-77-1) (from Ch. 24, par. 11-77-1)
Sec. 11-77-1.
The corporate authorities in every municipality, incorporated
under any law of this state, have the power, by ordinance:
(1) To convey, grant, transfer, or sell to the United | | States of America, or to any proper agency thereof, any real or personal property owned by the municipality, upon such terms as may be agreed upon by the corporate authorities, or in consideration of a grant or loan of money by the United States of America, or any agency thereof, for the construction, extension, or improvement of any public works project or municipal building;
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(2) To lease from the United States of America, or
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(3) To pay for the use of this leased property in
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(4) To authorize any municipal official to enter into
| | such a lease and to sign it on behalf of the municipality, and to execute any deed or other evidence of transfer of title on behalf of the municipality, to effect or evidence any exercise of the powers granted by this section.
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Such a lease may be entered into without making a
| | previous appropriation for the expense thereby incurred, notwithstanding the prohibitions contained in Sections 8-1-6 and 8-1-7. An obligation to pay incurred under such a lease shall not be an indebtedness of the municipality within the meaning of any constitutional or statutory limitation upon municipal indebtedness, but the obligation shall be a current expense of the year in which it is paid.
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(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-77-2
(65 ILCS 5/11-77-2) (from Ch. 24, par. 11-77-2)
Sec. 11-77-2.
The corporate authorities of each municipality may donate,
sell, lease, or convey any land heretofore acquired to the State
or any
agency thereof, to be used as a site for an armory for the National Guard
or Naval Militia, and to acquire land for these purposes. No municipality,
however, shall have any power to divert any gift, grant or legacy from the
specific purpose designated by any donor.
(Source: P.A. 83-388.)
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65 ILCS 5/Art. 11 Div. 78
(65 ILCS 5/Art. 11 Div. 78 heading)
DIVISION 78.
LEASING PROPERTY FOR SCHOOL
PURPOSES
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65 ILCS 5/11-78-1
(65 ILCS 5/11-78-1) (from Ch. 24, par. 11-78-1)
Sec. 11-78-1.
Any city or village, whether incorporated under a general or
special law, which holds any real or personal estate which has been
conveyed to it for school or academy purposes by ordinance or resolution of
the corporate authorities may convey that real or personal estate to the
school officers, authorized to hold it, for the use of the school district
in which the real or personal estate is situated, by proper deeds of
conveyance executed by the proper officers of the municipality, under the
corporate seal thereof.
(Source: Laws 1961, p. 576.)
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