105 ILCS 5/34-21
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

 (from Ch. 122, par. 34-21)Sec. 34-21.         Rentals and leases - Sale of real estate - Engagement of  real estate broker - Indirect and participating ownership interest -  Conveyance, payment and disclosure.(a) The board may:(1) enter into leases as lessee of buildings, rooms     and grounds for the use of schools or for the purpose of school administration; or(2) enter into leases as lessor of property held by a     city in trust for the use and benefit of schools for a term of not longer than 99 years from the date of the granting of the lease, but it shall not make or renew any lease for a term longer than 10 years nor alter the provisions of any lease whose unexpired term may exceed 10 years without the vote of 2/3 of the full membership of the board. The board may, in the case of such a lease, receive consideration in whole or in part in the form of an ownership interest in the entity leasing the property from the board, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sublease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity.  Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or participating interest as a result of any subsequent capital contributions by any entity or other capital changes.(b) The board may sell real estate, or interest therein, held by a city  in trust for the use and benefit of the schools subject to the provisions  of this Section and approval by the board ordered by a vote of not less  than 2/3 of its full membership, if the board determines (i) that such real  estate has become unnecessary, unsuitable or inconvenient for the use of  schools or for the purpose of school administration, (ii) that  such real estate has become inappropriate or  unprofitable for the purpose of deriving revenue to support the board's  authorized purposes, or (iii) that, in the reasonable judgment of the  board, a sale would constitute the best available use or disposition of  such real estate for the purpose of deriving revenue to support the board's  authorized purposes.(1) Any sale of such real estate having a fair market     value of $25,000 or more shall be made in accordance with the following procedures:(A) Notice of intended sale shall be published         once each week for 3 consecutive weeks in a daily or weekly newspaper published in the city.(B) The first such notice shall be published not         less than 30 days before the day provided for the opening of bids with respect to the intended sale.(C) The notice shall contain pertinent         information on the real estate available for sale, including the location of the real estate, a description of the property, the purpose for which it is used, any other terms for the sale of the real estate as determined by the board, and the dates on which bids will be opened, and on which bids will be considered, and the notice shall advertise for bids for such real estate.  The notice may contain a minimum sale price.(D) The board may:(i) accept the highest responsible bid             determined to be in the best interest of the board; or(ii) reject any and all bids; or(iii) if there is more than one responsible             bid, negotiate separately with the 2 highest and best among such responsible bids and, upon tentative agreement with one or both bidders, one or both of such bids may be submitted to the board for acceptance of one or rejection of both.  Such negotiations may not result in a diminution of the terms of the sale of the real estate and must result in an agreement which is, in the reasonable judgment of the board, equal to or higher in value than the highest responsible bid.The board may receive consideration for the sale of     such real estate, in whole or in part, in the form of an ownership interest in the entity acquiring title to the property by such sale, or in its assignee, or a participating interest in the revenues, profits or gains from the development, use, sale, lease or assignment of such property or interest therein; provided, however, that the board shall not make any further contribution to the capital of such entity.  The present value of the ownership or participating interest to be received by the board shall, in the reasonable judgement of the board, be at least as great as the value of the highest responsible cash bid for such property or the agreed cash price and terms of sale negotiated pursuant to this subsection, if any, whichever is higher.  Furthermore, there shall be no diminution thereafter in the value of the board's interest in the entity or its participating interest in the property as a result of any subsequent capital contributions by any entity or other capital changes.(2) Any sale of such real estate having a fair market     value of less than $25,000 may be negotiated and shall not require notice or competitive bids.(3) Any sale of such real estate having a fair market     value of more than $25,000 which has been continuously leased by the same entity and used as a school attendance center for at least 10 years may be negotiated and shall not require notice or competitive bids.(c) The board may engage the services of a licensed real estate broker  at a fair and reasonable commission in any case involving the sale or lease  of real estate when by resolution the board determines such services to  be in the best interest of the board; provided, however, that the commission  to be paid may not exceed in the case of sale 7% of the sale price, and in  the case of lease 7% of the first year's rent and 2% of the base rent of  each lease year thereafter not to exceed 4 years.  The above stated maximum  ceilings on commissions may be raised by not less than a 3/4 vote of the  board's full membership.  Payment of the commission shall be contingent  upon conveyance in accordance with the provisions of this Section and within  a reasonable period of time thereafter as determined by the board at the  time of the engagement of the real estate broker.(d) (1) Conveyance of real estate held in trust by the city for the use  and benefit of schools shall be by action of the city council in its capacity  as trustee upon notice by the board pursuant to resolution that a sale of  real estate, or interest therein, has been made in accordance with the  provisions of this Section.(2) Payment in consideration of a transfer of real estate, or interest  therein, may be accepted by the board in cash, a combination of cash and  securities or in another form described in subsections (a) or  (b) of this Section.  In any case where an instrument is accepted as part  payment, the debt shall be adequately secured by mortgage, trust deed, or if by  contract by retention of title, on the property transferred and any such  security interest shall not be released until the debt is fully paid.  Payments  made after the date of sale shall include interest on the outstanding balance  computed from the date of sale to the date of payment at rates to be determined  by the board.(3) The board may not consummate any transaction involving the transfer  of real estate, or interest therein, provided for in this Section in which  there may be an undisclosed principal.  Any conveyance of title or other  interest in real estate in violation hereof shall be void and any consideration  received by the board prior to the discovery of such violation shall be  retained as liquidated damages.    (Source: P.A. 87-1168.)