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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/15-25
(105 ILCS 5/15-25) (from Ch. 122, par. 15-25)
Sec. 15-25.
Reports of treasurer.
The treasurer of the township land commissioners shall with respect to
the common school lands and township loanable fund held by them make the
reports to them required to be made by township treasurers to township
school trustees, give bond as required of township treasurers, and perform
the duties and exercise the powers of township treasurers.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-26
(105 ILCS 5/15-26) (from Ch. 122, par. 15-26)
Sec. 15-26.
Liquidation of permanent fund.
Upon a petition signed by at least one hundred voters of any school
township filed with the regional superintendent of schools
asking that the
permanent funds of such township be liquidated and distributed to the
schools of said township, said regional superintendent of
schools shall certify the proposition to the proper election authorities
for submission to the electorate at a regular scheduled election in said township
the proposition to liquidate such permanent funds and distribute the
proceeds thereof to the schools of the said school township. Such funds
may be deposited by the district either in the educational or
operations and maintenance fund, or in both in such proportion
as the school board shall determine. If the said proposition receives a
majority of the votes cast upon such proposition the
township land commissioners shall proceed to sell the lands included in
the assets of the permanent fund and liquidate the permanent funds of
said school township and distribute same in the manner provided in this
Article; if the average income from the permanent funds of any school
township for a period of three years amounts to less than $2500 the
regional board of school trustees or the township land commissioners
shall
proceed forthwith to liquidate such funds and sell the lands included in
the assets of the permanent fund without any petition or election.
The expenses of liquidation shall be paid out of the moneys obtained
from the liquidation. Upon completion of every sale of lands the
township land commissioners or the regional board of school trustees, as
the case may be, shall deliver to the purchaser a certificate of
purchase including the name and residence of the purchaser and the price
and description of the land.
(Source: P.A. 86-970.)
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105 ILCS 5/15-27
(105 ILCS 5/15-27) (from Ch. 122, par. 15-27)
Sec. 15-27.
Audit.
In the month of July of each year and at such other times as they may
think necessary the township land commissioners shall cause an audit to
be made by a public accountant of all funds under their jurisdiction. A
certified copy of such annual audit shall be filed with the regional
superintendent of schools and the State Board of Education
by October 15 each year.
(Source: P.A. 81-1508.)
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105 ILCS 5/15-28
(105 ILCS 5/15-28) (from Ch. 122, par. 15-28)
Sec. 15-28.
Township land commissioners successors to trustees of schools.
The township land commissioners elected under the provisions of this
Article shall be the successors to the trustees of schools elected under
"An Act in relation to the establishment, operation and maintenance of
public schools, providing for the transportation of and scholarships in
institutions of higher learning for students of all schools, and to repeal
certain acts herein named", approved March 18, 1961, as amended with
respect to the common school lands and township loanable fund of the
township. All rights of property of the common school lands and causes of
action existing or vested in the trustees of schools elected under such Act
as amended shall vest in the township land commissioners as successors in
as complete a manner as they were vested in the trustees of schools elected
under such Act as amended. All records, moneys, securities and other assets
of the common school lands of the several school townships in the county
and any obligations owing to such school townships shall be transferred by
the several boards of township trustees to the township land commissioners.
Such township land commissioners are empowered to receive such records and
assets. All assets so received shall be credited to the respective school
township from which they were received.
The township land commissioners shall designate a depositary for their
treasurer in the manner provided in Section 8-7 of this Act insofar as
applicable.
(Source: Laws 1967, p. 509 .)
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105 ILCS 5/15-29
(105 ILCS 5/15-29) (from Ch. 122, par. 15-29)
Sec. 15-29.
Bond.
It shall be the duty of the township land commissioners to examine the
bond of its treasurer and if found to be in proper form in the proper
amount with good and sufficient securities to approve same. If at any time
the said township land commissioners deem it necessary it shall require its
treasurer to execute a new bond but the execution of such new bond shall
not affect the old bond or the liabilities of the sureties thereon.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-30
(105 ILCS 5/15-30) (from Ch. 122, par. 15-30)
Sec. 15-30.
Liability of township land commissioners.
If the township land commissioners fail to observe the provisions of
this Act in reference to the distribution of funds and property, they shall
be individually and jointly liable to the district interested in a civil
action to the full amount of the damages sustained by the district
aggrieved.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-31
(105 ILCS 5/15-31) (from Ch. 122, par. 15-31)
Sec. 15-31. Disposition of funds upon liquidation of permanent funds.
Any funds received as the result of the liquidation of the permanent
funds belonging to any school township shall after the payment of the
necessary expenses connected therewith be apportioned and distributed to
the school districts or parts of districts of such township -- including,
in the case of the liquidation of the permanent funds belonging to any
school township in a Class II county school unit, any school district
located in such township which theretofore withdrew from the jurisdiction
and authority of the trustees of schools of that township and from the
jurisdiction and authority of the township treasurer as provided in
subsection (b) of Section 5-1 -- in which
schools have been kept as required by law during the preceding year ending
June 30 according to the number of pupils in average daily attendance in
grades one to eight, each inclusive, and upon the completion of such
liquidation and distribution and the submission of all reports required by
law the office of township land commissioners and their treasurer in such
township shall terminate.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/Art. 15A
(105 ILCS 5/Art. 15A heading)
ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
(Source: P.A. 103-491, eff. 1-1-24.) |
105 ILCS 5/15A-1 (105 ILCS 5/15A-1) Sec. 15A-1. Short title. This Article may be cited as the School Design-Build Authorization Law. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-5 (105 ILCS 5/15A-5) Sec. 15A-5. Purpose. The purpose of this Article is to authorize school districts to use design-build processes to increase the efficiency and effectiveness of delivering public projects. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-10 (105 ILCS 5/15A-10) Sec. 15A-10. Definitions. As used in this Article: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Article between a school district and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Article. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as set forth in this Article and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Article. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art, including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art that is exhibited in a public space, including publicly accessible buildings, or interpretive exhibits, including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the school district to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, such as the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-15 (105 ILCS 5/15A-15) Sec. 15A-15. Solicitation of proposals. (a) A school district may enter into design-build contracts. In addition to the requirements set forth by the school board, if the school district elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The school district must publish the advance notice in the manner prescribed by the school board, which must include posting the advance notice online on its website. The school district may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The school district must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal must be prepared for each project and must contain, without limitation, the following information: (1) The name of the school district. (2) A preliminary schedule for the completion of the | | (3) The proposed budget for the project, the source
| | of funds, and the currently available funds at the time the request for proposal is submitted.
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| (4) Prequalification criteria for design-build
| | entities wishing to submit proposals. The school district must include, at a minimum, its normal qualifications, licensing, registration, and other requirements; however, nothing precludes the use of additional prequalification criteria by the school district.
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| (5) Material requirements of the contract, such as
| | the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
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| (6) The performance criteria.
(7) The evaluation criteria for each phase of the
| | solicitation. Price may not be used as a factor in the evaluation of Phase I proposals.
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| (8) The number of entities that will be considered
| | for the technical and cost evaluation phase.
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| (c) The school district may include any other relevant information that it chooses to supply. The design-build entity may rely upon the accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The school district must include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 103-491, eff. 1-1-24 .)
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105 ILCS 5/15A-20 (105 ILCS 5/15A-20) Sec. 15A-20. Development of scope and performance criteria. (a) The school district must develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which must include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the school district's overall programmatic needs and goals, including criteria, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal must also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the school district to be produced by the design-build entities. (c) The scope and performance criteria must be prepared by a design professional or public art designer who is an employee of the school district, or the school district may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the school district to make modifications in the project scope without invalidating the design-build contract. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-25 (105 ILCS 5/15A-25) Sec. 15A-25. Procedures for selection. (a) The school district must use a 2-phase procedure for the selection of the successful design-build entity. Phase I of the procedure must evaluate and shortlist the design-build entities based on qualifications, and Phase II must evaluate the technical and cost proposals. (b) The school district must include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the school district has set forth. Each request for proposal must establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The school district must include the following criteria in every Phase I evaluation of design-build entities: (1) experience of personnel; (2) successful experience with similar project types; (3) financial capability; (4) timeliness of past performance; (5) experience with similarly sized projects; (6) successful reference checks of the firm; (7) commitment to assign personnel for the duration | | of the project and qualifications of the entity's consultants; and
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| (8) ability or past performance in meeting or
| | exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
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| The school district may include any additional, relevant criteria in Phase I that it deems necessary for a proper qualification review.
The school district may not consider a design-build entity for evaluation or an award if the entity has any pecuniary interest in the project or has other relationships or circumstances, such as long-term leasehold, mutual performance, or development contracts with the school district, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. A design-build entity shall not be disqualified under this Section solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. No proposal may be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualification evaluation, the school district must create a shortlist of the most highly qualified design-build entities. The school district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation if no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. If a school district receives one response to Phase I, nothing herein shall prohibit the school district from proceeding with a Phase II evaluation of the single respondent, if the school district, in its discretion, finds proceeding to be in its best interest.
The school district must notify the entities selected for the shortlist in writing. This notification must commence the period for the preparation of the Phase II technical and cost evaluations. The school district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the school district.
(c) The school district must include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal must establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
The school district must include the following criteria in every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request
| | for proposal requirements;
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| (3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance
| | (7) constructability of the proposed project.
The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The school district must include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor may not exceed 30%.
The school district must directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the school district may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 103-491, eff. 1-1-24 .)
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105 ILCS 5/15A-30 (105 ILCS 5/15A-30) Sec. 15A-30. Small projects. In any case in which the total overall cost of the project is estimated to be $12,000,000 or less, the school district may combine the 2-phase procedure for selection described in Section 15A-25 into one combined step if all the requirements of evaluation are performed in accordance with Section 15A-25. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-35 (105 ILCS 5/15A-35) Sec. 15A-35. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposal. Proposals must include a bid bond in the form and security as designated in the request for proposal. Proposals must also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals must include a list of all design professionals, public art designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal, or they may be rejected as nonresponsive. The school district may reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The school district must review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the school district, clear and convincing evidence of error is required for withdrawal. After a response to a request for qualifications or a request for proposal has been submitted under this Section, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the school district. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-40 (105 ILCS 5/15A-40) Sec. 15A-40. Award; performance. The school district may award the contract to the highest overall ranked design-build entity. Notice of award must be made in writing. Unsuccessful design-build entities must also be notified in writing. The school district may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The school district may negotiate with the selected design-build entity after the award, but prior to contract execution, for the purpose of securing better terms than originally proposed if the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals must conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-45 (105 ILCS 5/15A-45) Sec. 15A-45. Evaluation and report. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity must detail, in a written report submitted to the school district, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-50 (105 ILCS 5/15A-50) Sec. 15A-50. Exception. Nothing in this Article prevents a school district from using a qualification-based selection process for design professionals or construction managers for design-build projects. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-90 (105 ILCS 5/15A-90) Sec. 15A-90. Severability. The provisions of this Article are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/Art. 16
(105 ILCS 5/Art. 16 heading)
ARTICLE 16.
GIFTS--USE OF SITES--PLAYGROUNDS
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105 ILCS 5/16-1
(105 ILCS 5/16-1) (from Ch. 122, par. 16-1)
Sec. 16-1.
Gifts - Vested in school board.
Whenever any grant, gift,
donation or legacy of real or personal property has been or shall be,
directly or indirectly, made to or for the use of any public school
district or attendance center and the deed, will or other
instrument by which such grant, gift, donation, or legacy is made
declares in terms or in substance that such property shall be held,
managed, improved and invested or otherwise disposed of for the use and
benefit of the public schools in such district or an individual attendance
center, the title to such property shall be vested in the school board of
such district for use in whatever manner the board shall choose and shall
be held, managed, improved, invested or disposed of by
such board in such manner as the board, in its discretion, sees fit;
provided, however, when the person making such a grant, gift,
donation, or legacy expresses in the instrument by which it was made an
intention that it shall be used for a certain purpose, the school board
shall promote and carry into effect such intention until the board
determines in its discretion that it is no longer possible, practical or
prudent to do so.
This Section does not apply in any case where the deed, will or other
instrument effectively vests the title and control of such property in a
trustee or grantee named in such instrument unless the trustee or grantee
is incapable of taking or administering the trust, or refuses or fails to
accept the trust, in which case the title and control thereof shall vest as
provided in the preceding paragraph.
This Section does not validate any legacy which but
for this enactment would have been invalid.
(Source: P.A. 86-171.)
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105 ILCS 5/16-2
(105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
Sec. 16-2. Joint
use of site and building.
Whenever the school boards of two or more school districts have agreed
upon the joint use of any school site and compensation to be paid therefor,
and any such site has been selected in the manner required by law, it is
lawful for such districts to use the same school site and after payment of
the compensation, the trustees of schools of the township or regional board
of school trustees, as the case may be, by proper instrument in writing
shall declare that title to such site is held for the joint use of such
districts according to the terms of such agreement, and such districts
shall be further authorized to construct, maintain and use a building
jointly for the benefit of the inhabitants thereof.
Notwithstanding any other provisions of this Section:
(1) If legal title to the selected site is held in the name of the school
board of a school district that has agreed to the joint use of the site with
any other school districts, and if those other school districts are also
districts
whose school boards, under subsection (a) of Section 10-22.35B of this Code, are to hold legal
title to school buildings and school sites of the district, then upon the
execution of the agreement and payment of the compensation in accordance with
the terms of the agreement the school boards of the districts shall be deemed
to hold legal title to the site as tenants in common, and the required deed or
deeds of conveyance shall be executed and delivered by the president and
secretary or clerk of the school boards to reflect that legal title to the
selected site is held in that manner.
(2) If one more but not all of the school boards that are party to the
agreement are school boards that, under subsection (a) of Section 10-22.35B of this Code, are to
hold legal title to the school buildings and school sites of the district, the
interest in the selected site of each school board that is to hold legal title
to the school buildings and school sites of the district shall be that of a
tenant in common; and the required deed or deeds of conveyance shall be
executed and delivered by the president and secretary or clerk of the trustees
of schools of the township, regional board of school trustees, township land
commissioners, or school boards, as the case may be, to reflect that tenancy in
common interest of the appropriate school board or school boards with the
trustees of schools of the township, regional board of school trustees or
township land commissioners, as the case may be, in the legal title to the
selected site.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/16-3
(105 ILCS 5/16-3) (from Ch. 122, par. 16-3)
Sec. 16-3.
Transfer of site to purchasing district.
Whenever the school board of any school district determines that any
schoolhouse site with or without a building thereon is of no further use
to the district and agrees with the school board of any other school
district, within or adjacent to the boundaries of which the site is
situated, upon the
sale thereof to such district and the price to be paid therefor, and
such sites are selected by the purchasing district in the manner
prescribed by law, after the payment of the compensation the trustees of
schools of the township, regional board of school trustees, township
land commissioners, or school board having legal title to the site shall, by proper deed of conveyance or instrument in
writing, convey legal title to, or transfer the use of the site to, the
purchasing district in accordance with applicable provisions of this Code.
(Source: P.A. 88-155.)
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105 ILCS 5/16-4
(105 ILCS 5/16-4) (from Ch. 122, par. 16-4)
Sec. 16-4.
Building jointly used - Sale of interest - Additions and
enlargements.
Whenever two school districts situated adjacent to one another or comprising
the same or partly the same
territory have a school site with
buildings thereon, owned by one of the districts but used under
agreement by both, the district owning the site and buildings may sell
to the other, and the other district has the right to purchase, an equal
or any other interest in the site and buildings under an agreement
between the two; and upon the execution of the agreement and the
acquiring the title to the interest by the purchasing district, the two
districts shall be deemed to hold title to the premises as tenants in
common; and thereafter the school districts, or either of them, may,
under appropriate terms in the first agreement, or under a new agreement
entered into by them, add to and enlarge any parts of the buildings, if
deemed necessary for the uses of the districts or either of them, and by
such sole or mutual expenditure of funds as may be nominated by the
terms of the agreement between the districts, and the expenditures shall
in no way change the individual interests of the districts in the premises
unless otherwise expressly so provided by the terms of the
agreement.
(Source: P.A. 81-1541.)
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105 ILCS 5/16-5
(105 ILCS 5/16-5) (from Ch. 122, par. 16-5)
Sec. 16-5.
Agreement for joint use of property.
Prior to the third Saturday of August of any year the school board of
any district which does not by itself maintain a high school may enter into
an agreement with any township high school board of education or the school
board of any other high school district, by which agreement grade school or
high school property, real or personal, owned by or held for the use
of either district within
territory included in both districts may be used jointly for school
purposes by both such districts in the manner provided in the agreement. If
such school district has a population of 1000 or more, and if legal title to
any real property affected by the agreement is not held by the school board of
a school district that is party to the agreement, the agreement shall
be invalid unless prior to such third Saturday of August the written
consent of the trustees of schools of the township or townships, regional
board of school trustees, or township land commissioners holding legal
title to the property affected by the agreement is first
obtained.
(Source: P.A. 88-155.)
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105 ILCS 5/16-6
(105 ILCS 5/16-6) (from Ch. 122, par. 16-6)
Sec. 16-6.
Compensation determined under eminent domain.
Whenever any lot or parcel of land is needed by any university, college,
township high school or other educational institution established and
supported by this State or by a township therein, or by a school district,
as a site for a building or for any educational purpose, including sites
purchased under authority of Section 10-22.31b, and compensation for the
lot or parcel of land cannot be agreed upon between the owners thereof and
the trustees, board of education, or other corporate authority of the
educational institution, or school district, the corporate authority of the
educational institution or school district may have the compensation
determined in the manner provided by law for the exercise of the right of
eminent domain. In Class I counties and in any school district which is
situated in a Class II county school unit but which no longer is subject
to the jurisdiction and authority of a township treasurer or trustees
of schools of a township because the district has withdrawn
from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1, the school
board shall engage counsel, pay all expenses and institute suit without any
authorization by the regional board of school trustees; and the proceedings
shall be in the name of the school board for the use
of the school district. But no tract of land outside the limits of any
incorporated city or village and within 40 rods of the dwelling of the
owner of the land shall be taken by the board of directors created in
Section 10-1 of this Act without the owner's consent: provided, however,
that a tract of land outside the limits of any incorporated city or village
lying not less than 200 feet from the dwelling of the owner of the land
which adjoins and is adjacent to a school site being used for school
purposes may be taken by the board in the manner provided by law for the
exercise of the right of eminent domain for the purpose of enlarging such
school site for educational and recreational purposes.
(Source: P.A. 87-473; 88-155.)
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105 ILCS 5/16-7
(105 ILCS 5/16-7) (from Ch. 122, par. 16-7)
Sec. 16-7.
Playgrounds,
recreation grounds and athletic fields.
Any school district organized and existing under the general law or by
special charter having a population of not more than 500,000 inhabitants
may acquire real estate by gift, donation, legacy, purchase or otherwise
and hold it for the purpose of establishing playgrounds, recreation grounds
and athletic fields, and may equip, operate and maintain such playgrounds,
recreation grounds and athletic fields, the cost of such acquiring and
equipping to be paid either from the proceeds of bonds issued for that
purpose or out of the operations and maintenance fund, and the
cost of such maintaining and operating to be paid from the educational
fund, of the district. Such real estate need not be contiguous to any other
school property or real estate owned by the school district.
(Source: P.A. 86-970 .)
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105 ILCS 5/16-8
(105 ILCS 5/16-8) (from Ch. 122, par. 16-8)
Sec. 16-8.
Supervision - Personnel - Police control.
The school board of any such school district acquiring real estate and
equipping, operating and maintaining it for the purposes provided in
Section 16-7 shall have supervision over such playgrounds, recreation
grounds or athletic fields, may employ play leaders, playground directors,
supervisors, recreation superintendents or athletic directors therefor, and
may take such steps to provide for the protection, sanitation, care and
management thereof as it deems appropriate.
If real estate and improvements thereon, including buildings, parking
lots, other improvements and equipment so acquired lies partly or wholly
outside and within 1 mile of the corporate limits of any city, village or
incorporated town situated in such district, such city, village or incorporated
town may exercise police control and protection over such real estate and
improvements thereon, including buildings, parking lots, other improvements
and equipment in the same manner and to the same extent that such city,
village or incorporated town would exercise police control and protection
thereover if such real estate and improvements thereon, including
buildings, parking lots, other improvements and equipment were situated
within the corporate limits thereof.
(Source: P.A. 86-1304.)
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105 ILCS 5/16-9
(105 ILCS 5/16-9) (from Ch. 122, par. 16-9)
Sec. 16-9.
Transfers to municipal corporations.
School districts and boards of education may also transfer real estate
in accordance with the provisions of "An Act in relation to the transfer of
real estate owned by municipalities", approved July 2, 1925, as amended,
title approved May 8, 1947.
(Source: Laws 1967, p. 506.)
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105 ILCS 5/16-10
(105 ILCS 5/16-10) (from Ch. 122, par. 16-10)
Sec. 16-10.
Fire
protection.
If the location of any public school building is not within any
municipality or fire protection district, fire protection service for such
building shall be provided by that municipality or fire protection district
which maintains the facility for fire fighting equipment which lies closest
to such building. The school district shall pay to the municipality or fire
protection district, as the case may be, the reasonable cost of such
service. If the respective corporate authorities of the school district and
of the municipality or fire protection district are unable to agree on the
cost of such service, the cost shall be determined by a civil action in the
circuit court of the circuit in which the school building is located.
(Source: P.A. 76-1790.)
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