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Post by wvhsparent on Apr 19, 2008 9:18:59 GMT -5
NOTICE OF SPECIAL MEETING PLEASE TAKE NOTICE that the Board of Education of Indian Prairie Community Unit School District No. 204, DuPage and Will Counties, Illinois, will conduct a Special Meeting on Monday, April 21, 2008, at the hour of 6:00 p.m. The meeting will be held at the offices of the Board of Education in the Crouse Education Center located at 780 Shoreline Drive, Aurora, Illinois. The purpose of the meeting will be to discuss and consider those items set forth on the attached agenda. FORMAL ACTION will take place at this meeting. DATED at Naperville, Illinois this 18th day of April 2008.
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Post by wvhsparent on Apr 19, 2008 9:19:56 GMT -5
April 21, 2008 Crouse Education Center Special Meeting, Board of Education Agenda – start: 6:00 p.m. AGENDA I. Call to Order - Roll Call II. Pledge of Allegiance III. Consent Calendar and Superintendent’s Report (Persons requesting to address the board on specific agenda items will speak when that item is brought forward.) A. Ratification of Approval of Phase I Bid from March 10, 2008 Meeting: Mass Grading (This item recommends that the Board of Education ratify the approval of the mass grading bid made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) B. Ratification of Approval of Phase I Bid from March 10, 2008 Meeting: Structural Excavation and Concrete Foundations 1. (This item, B.1., recommends that the Board of Education ratify the approval of the Structural Excavation and Concrete Foundation Bid for Bid package 9A made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) Agenda for the Special Meeting of the Board of Education April 21, 2008 - 2 – 2. (This item, B.2., recommends that the Board of Education ratify the approval of the Structural Excavation and Concrete Foundation Bid for Bid package 9B made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) C. Ratification of Approval of Phase I Bid from March 10, 2008 Meeting: Precast Concrete Wall Panels (This item recommends that the Board of Education ratify the approval of the precast concrete wall panels bid made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) D. Ratification of Approval of Phase I Bid from March 10, 2008 Meeting: Precast Concrete Roof Panels, Beams and Columns (This item recommends that the Board of Education ratify the approval of the precast concrete roof panels, beams, and columns bid made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) E. Ratification of Approval of Construction Materials Testing from March 10, 2008 Meeting (This item recommends that the Board of Education ratify the approval of the construction materials testing bid made March 10, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented.) (Policy #715.15) F. Ratification of Approval of Phase I Bid: Structural Steel from March 24, 2008 Meeting (This item recommends that the Board of Education ratify the approval of the structural steel bid made March 24, 2008 with an amendment that the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented. (Policy #460.08) G. Ratification of Approval of Phase I Bid: Miscellaneous Steel from March 24, 2008 Meeting (This item recommends that the Board of Education ratify the approval of the miscellaneous steel bid made March 24, 2008 with an amendment that Agenda for the Special Meeting of the Board of Education April 21, 2008 - 3 – the contingency for the annexation and acquisition of title to the Midwest Generation property be stricken, as presented. (Policy #460.08) H. Approval of the Amended Annexation Agreement with the City of Aurora (This item recommends that the Board of Education approve the amended Annexation Agreement with the City of Aurora, as presented.) (Policy #460.06) Board Action: IV. Action Item A. Sale of 25 acre school site at Commons Drive and Thatcher Drive Recommendation: That the Board of Education adopt the Resolution declaring the 25 acre school site at the intersection of Commons Drive and Thatcher Drive unnecessary, unsuitable and inconvenient for a school, and unnecessary for the uses of the District, and directing the Administration to prepare for its sale in accordance with the requirements of 105 ILCS 5/5-22, as presented. (Policy #410.05) Board Action: V. Executive Session A. IASB-facilitated board self-evaluation VI. Public Comment VII. Adjournment 4/18/08
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Post by wvhsparent on Apr 19, 2008 9:27:21 GMT -5
§ 105 ILCS 5/5-22. Sales of school sites, buildings or other real estate Sec. 5-22. Sales of school sites, buildings or other real estate. When in the opinion of the school board, a school site, or portion thereof, building, or site with building thereon, or any other real estate of the district, has become unnecessary or unsuitable or inconvenient for a school, or unnecessary for the uses of the district, the school board, by a resolution adopted by at least two-thirds of the board members, may sell or direct that the property be sold in the manner provided in the Local Government Property Transfer Act, or in the manner herein provided. Unless legal title to the land is held by the school board, the school board shall forthwith notify the trustees of schools or other school officials having legal title to such land of the terms upon which they desire the property to be sold. If the property is to be sold to another unit of local government or school district, the school board, trustees of schools, or other school officials having legal title to the land shall proceed in the manner provided in the Local Government Property Transfer Act. In all other cases, except if the property is to be sold to a tenant that has leased the property for 10 or more years and that tenant is a non-profit agency, the school board, trustees of schools, or other school officials having legal title to the land shall, within 60 days after adoption of the resolution (if the school board holds legal title to the land), or within 60 days after the trustees of school or other school officials having legal title receive the notice (if the school board does not hold legal title to the land), sell the property at public sale, by auction or sealed bids, after first giving notice of the time, place, and terms thereof by notice published once each week for 3 successive weeks prior to the date of the sale if sale is by auction, or prior to the final date of acceptance of bids if sale is by sealed bids, in a newspaper published in the district or, if no such newspaper is published in the district, then in a newspaper published in the county and having a general circulation in the district; however, if territory containing a school site, building, or site with building thereon, is detached from the school district of which it is a part after proceedings have been commenced under this Section for the sale of that school site, building, or site with building thereon, but before the sale is held, then the school board, trustees of schools, or other school officials having legal title shall not advertise or sell that school site, building, or site with building thereon, pursuant to those proceedings. The notices may be in the following form: NOTICE OF SALE Notice is hereby given that on (insert date), the (here insert title of the school board, trustees of school, or other school officials holding legal title) of (county) (Township No. ...., Range No. .... P.M. ....) will sell at public sale (use applicable alternative) (at ......... (state location of sale which shall be within the district), at .... ..M.,) (by taking sealed bids which shall be accepted until .... ..M., on (insert date), at (here insert location where bids will be accepted which shall be within the district) which bids will be opened at .... ..M. on (insert date) at (here insert location where bids will be opened which shall be within the district)) the following described property: (here describe the property), which sale will be made on the following terms to-wit: (here insert terms of sale) .... .... .... (Here insert title of school officials holding legal title) For purposes of determining "terms of sale" under this Section, the General Assembly declares by this clarifying and amendatory Act of 1983 that "terms of sale" are not limited to sales for cash only but include contracts for deed, mortgages, and such other seller financed terms as may be specified by the school board. If a school board specifies a reasonable minimum selling price and that price is not met or if no bids are received, the school board may adopt a resolution determining or directing that the services of a licensed real estate broker be engaged to sell the property for a commission not to exceed 7%, contingent on the sale of the property within 120 days. If legal title to the property is not held by the school board, the trustees of schools or other school officials having legal title shall, upon receipt of the resolution, engage the services of a licensed real estate broker as directed in the resolution. The board may accept a written offer equal to or greater than the established minimum selling price for the described property. The services of a licensed real estate broker may be utilized to seek a buyer. If the board lowers the minimum selling price on the described property, the public sale procedures set forth in this Section must be followed. The board may raise the minimum selling price without repeating the public sale procedures. In the case of a sale of property to a tenant that has leased the property for 10 or more years and that is a non-profit agency, an appraisal is required prior to the sale. If the non-profit agency purchases the property for less than the appraised value and subsequently sells the property, the agency may retain only a percentage of the profits that is proportional to the percentage of the appraisal, plus any improvements made by the agency while the agency was the owner, that the agency paid in the initial sale. The remaining portion of the profits made by the non-profit agency shall revert to the school district. The deed of conveyance shall be executed by the president and clerk or secretary of the school board, trustees of schools, or other school officials having legal title to the land, and the proceeds paid to the school treasurer for the benefit of the district; provided, that the proceeds of any such sale on the island of Kaskaskia shall be paid to the State Treasurer for the use of the district and shall be disbursed by him in the same manner as income from the Kaskaskia Commons permanent school fund. 223 The school board shall use the proceeds from the sale first to pay the principal and interest on any outstanding bonds on the property being sold, and after all such bonds have been retired, the remaining proceeds from the sale next shall be used by the school board to meet any urgent district needs as determined under Sections 2-3.12 and 17-2.11 and then for any other authorized purpose and for deposit into any district fund. But 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 the boundaries of which the site is situated, upon the sale thereof to that district, and agrees upon the price to be paid therefore, and the site is selected by the purchasing district in the manner required by law, then after the payment of the compensation the school board, township trustees, or other school officials having legal title to the land of the schools shall, by proper instrument in writing, convey the legal title of the site to the school board of the purchasing district, or to the trustees of schools for the use of the purchasing district, in accordance with law. The provisions of this Section shall not apply to any sale made pursuant to Section 5-23 or Section 5-24 or Section 32-4. (Source: P.A. 91-357, eff. 7-29-99; 92-365, eff. 8-15-01.
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Post by asmodeus on Apr 20, 2008 14:06:17 GMT -5
This is interesting..."site is unsuitable"? Maybe that's why the price we paid (257k) is so much less than the jury award. The land is apparently more suitable for water retention. It would be just our luck to be unable to sell this land for what we paid.
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Post by wvhsparent on Apr 20, 2008 14:15:11 GMT -5
This is interesting..."site is unsuitable"? Maybe that's why the price we paid (257k) is so much less than the jury award. The land is apparently more suitable for water retention. It would be just our luck to be unable to sell this land for what we paid. It's a legal term, exactly as written within the State Staute, which you are taking out of context. Does not mean the land is bad. Think of it this way. It's size (25 acres) makes it unsuitable to build a HS on.
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Post by sleeplessinnpvl on Apr 20, 2008 14:19:21 GMT -5
Perhaps this is where the rumors start. People read what they want into things to suit their own agendas.
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Post by JWH on Apr 20, 2008 17:48:54 GMT -5
Perhaps this is where the rumors start. People read what they want into things to suit their own agendas. That's usually on another board.
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Post by sleeplessinnpvl on Apr 20, 2008 18:06:21 GMT -5
Perhaps this is where the rumors start. People read what they want into things to suit their own agendas. That's usually on another board. Yes, 4 pages worth of discussion. Luckily parent posts the facts here. Saves our fingers from getting cramped.
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Post by eb204 on Apr 20, 2008 18:50:53 GMT -5
That's usually on another board. Yes, 4 pages worth of discussion. Luckily parent posts the facts here. Saves our fingers from getting cramped. And we don't have to repeat things over and over and over and over and over and over and over....
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Post by warriorpride on Apr 20, 2008 20:07:35 GMT -5
That's usually on another board. Yes, 4 pages worth of discussion. Luckily parent posts the facts here. Saves our fingers from getting cramped. You know, as soon as I read it, I absolutely knew that the word unsuitable would be jumped on. I could picture it: "what does that mean?" "why did they buy 'unsuitable land'?" "I hope we don't sell 'unsuitable' land to a church" "will we ever be able to sell the land for the price we paid?" anyone without a severe grudge against the SB could tell that this is just the term used to say we're not going build a school there - but, I must, in nothing else, the folks putting this word under the microscope ( and making yet another mountain out of a molehill) are nothing, if not consistant.
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Post by asmodeus on Apr 20, 2008 21:08:39 GMT -5
Why then, from a legal standpoint, were the terms "unsuitable" and "inconvenient" used? Wouldn't "unnecessary," which was used twice, have sufficed?
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Post by warriorpride on Apr 20, 2008 21:36:51 GMT -5
Why then, from a legal standpoint, were the terms "unsuitable" and "inconvenient" used? Wouldn't "unnecessary," which was used twice, have sufficed? because either they wanted to give everyone fodder for their daily froth-at-the-mouth-fest or because it really is just swampland seriously, does the wording really matter here? kind of similar, huh?
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Post by wvhsparent on Apr 20, 2008 22:46:20 GMT -5
Why then, from a legal standpoint, were the terms "unsuitable" and "inconvenient" used? Wouldn't "unnecessary," which was used twice, have sufficed? That's because it was written by laywers...They can't do anything easy.
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