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Rep. Arthur L. Turner
Filed: 5/22/2007
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| AMENDMENT TO HOUSE BILL 2187
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| AMENDMENT NO. ______. Amend House Bill 2187 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The University of Illinois Act is amended by |
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| changing Section 7 as follows:
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| (110 ILCS 305/7) (from Ch. 144, par. 28)
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| Sec. 7. Powers of trustees.
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| (a) The trustees shall have power to provide for the |
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| requisite
buildings, apparatus, and conveniences; to fix the |
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| rates for tuition; to
appoint such professors and instructors, |
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| and to establish and provide for
the management of such model |
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| farms, model art, and other departments and
professorships, as |
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| may be required to teach, in the most thorough manner,
such |
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| branches of learning as are related to agriculture and the |
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| mechanic
arts, and military tactics, without excluding other |
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| scientific and classical
studies. The trustees shall, upon the |
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| written request of an employee withhold
from the compensation |
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| of that employee any dues, payments or contributions
payable by |
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| such employee to any labor organization as defined in the |
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| Illinois
Educational Labor Relations Act. Under such |
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| arrangement, an amount shall
be withheld from each regular |
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| payroll period which is equal to the pro rata
share of the |
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| annual dues plus any payments or contributions, and the |
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| trustees
shall transmit such withholdings to the specified |
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| labor organization within 10
working days from the time of the |
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| withholding. They may accept the endowments
and voluntary |
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| professorships or departments in the University, from any |
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| person
or persons or corporations who may offer the same, and, |
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| at any regular
meeting of the board, may prescribe rules and |
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| regulations in relation to such
endowments and declare on what |
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| general principles they may be admitted:
Provided, that such |
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| special voluntary endowments or professorships shall
not be |
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| incompatible with the true design and scope of the act of |
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| congress,
or of this Act: Provided, that no student shall at |
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| any time be allowed to
remain in or about the University in |
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| idleness, or without full mental or
industrial occupation: And |
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| provided further, that the trustees, in the
exercise of any of |
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| the powers conferred by this Act, shall not create any
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| liability or indebtedness in excess of the funds in the hands |
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| of the
treasurer of the University at the time of creating such |
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| liability or
indebtedness, and which may be specially and |
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| properly applied to the
payment of the same. Any lease to the |
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| trustees of lands, buildings or
facilities which will support |
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| scientific research and development in such
areas as high |
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| technology, super computing, microelectronics, biotechnology,
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| robotics, physics and engineering shall be for a term not to |
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| exceed 18 years,
and may grant to the trustees the option to |
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| purchase the lands, buildings or
facilities. The lease shall |
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| recite that it is subject to termination and
cancellation in |
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| any year for which the General Assembly fails to make an
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| appropriation to pay the rent payable under the terms of the |
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| lease.
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| Leases for the purposes described herein exceeding 5 years |
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| shall have
the approval of the Illinois Board of Higher |
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| Education.
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| The Board of Trustees may, directly or in cooperation with |
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| other institutions
of higher education, acquire by purchase or |
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| lease or otherwise, and construct,
enlarge, improve, equip, |
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| complete, operate, control and manage medical research
and high |
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| technology parks, together with the necessary lands, |
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| buildings,
facilities, equipment and personal property |
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| therefor, to encourage and
facilitate (A)
(a) the location and |
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| development of business and industry in the
State of Illinois, |
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| (B)
and (b) the increased application and development of
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| technology , and (C)
(c) the improvement and development of the |
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| State's economy.
The Board of Trustees may lease to nonprofit |
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| corporations all or any part
of the land, buildings, |
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| facilities, equipment or other property included in
a medical |
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| research and high technology park upon such terms and |
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| conditions as
the University of Illinois may deem advisable and |
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| enter into any contract or
agreement with such nonprofit |
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| corporations as may be necessary or suitable for
the |
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| construction, financing, operation and maintenance and |
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| management of any
such park; and may lease to any person, firm, |
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| partnership or corporation,
either public or private, any part |
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| or all of the land, building, facilities,
equipment or other |
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| property of such park for such purposes and upon such
rentals, |
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| terms and conditions as the University may deem advisable; and |
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| may
finance all or part of the cost of any such park, including |
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| the purchase,
lease, construction, reconstruction, |
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| improvement, remodeling, addition to, and
extension and |
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| maintenance of all or part of such high technology park, and |
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| all
equipment and furnishings, by legislative appropriations, |
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| government grants,
contracts, private gifts, loans, receipts |
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| from the operation of such high
technology park, rentals and |
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| similar receipts; and may make its other
facilities and |
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| services available to tenants or other occupants of any such
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| park at rates which are reasonable and appropriate.
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| The Trustees shall have power (1)
(a) to purchase real |
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| property and
easements, and (2)
(b) to acquire real property |
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| and easements in the manner
provided by law for the exercise of |
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| the right of eminent domain, and in the
event negotiations for |
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| the acquisition of real property or easements for
making any |
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| improvement which the Trustees are authorized to make shall |
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| have
proven unsuccessful and the Trustees shall have by |
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| resolution adopted a
schedule or plan of operation for the |
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| execution of the project and therein
made a finding that it is |
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| necessary to take such property or easements
immediately or at |
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| some specified later date in order to comply with the
schedule, |
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| the Trustees may acquire such property or easements in the same
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| manner provided in Article 20 of the Eminent Domain Act |
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| (quick-take procedure).
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| The Board of Trustees also shall have power to agree with |
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| the State's
Attorney of the county in which any properties of |
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| the Board are located to
pay for services rendered by the |
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| various taxing districts for the years
1944 through 1949 and to |
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| pay annually for services rendered thereafter by
such district |
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| such sums as may be determined by the Board upon properties
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| used solely for income producing purposes, title to which is |
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| held by said
Board of Trustees, upon properties leased to |
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| members of the staff of the
University of Illinois, title to |
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| which is held in trust for said Board of
Trustees and upon |
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| properties leased to for-profit entities the title to
which |
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| properties is held by the Board of Trustees. A certified copy |
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| of
any such agreement made with the State's Attorney shall be |
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| filed with the
County Clerk and such sums shall be distributed |
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| to the respective taxing
districts by the County Collector in |
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| such proportions that each taxing district
will receive |
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| therefrom such proportion as the tax rate of such taxing |
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| district
bears to the total tax rate that would be levied |
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| against such properties if
they were not exempt from taxation |
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| under the Property Tax Code.
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| The Board of Trustees of the University of Illinois, |
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| subject to the
applicable civil service law, may appoint |
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| persons to be members of the
University of Illinois Police |
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| Department. Members of the Police Department
shall be peace |
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| officers and as such have all powers possessed by policemen
in |
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| cities, and sheriffs, including the power to make arrests on |
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| view or
warrants of violations of state statutes and city or |
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| county ordinances,
except that they may exercise such powers |
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| only in counties wherein the
University and any of its branches |
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| or properties are located when such is
required for the |
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| protection of university properties and interests, and its
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| students and personnel, and otherwise, within such counties, |
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| when requested
by appropriate state or local law enforcement |
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| officials; provided, however,
that such officer shall have no |
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| power to serve and execute civil processes.
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| The Board of Trustees must authorize to each member of the |
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| University of
Illinois
Police
Department
and to any other |
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| employee of the University of Illinois exercising the powers
of |
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| a peace officer
a distinct badge
that, on its face, (i) clearly |
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| states that the badge is authorized by the
University of
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| Illinois and (ii)
contains a unique identifying number.
No |
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| other badge shall be authorized by
the University of Illinois.
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| Nothing in this paragraph prohibits the Board of Trustees from |
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| issuing
shields
or other distinctive identification to |
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| employees not exercising the powers of a
peace officer if the |
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| Board of Trustees determines that a shield or distinctive
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| identification is needed by the employee to carry out his or |
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| her
responsibilities.
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| The Board of Trustees may own, operate, or govern, by or |
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| through the
College of Medicine at Peoria, a managed care |
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| community network established
under subsection (b) of Section |
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| 5-11 of the Illinois
Public Aid Code.
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| The powers of the trustees as herein designated are subject |
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| to the provisions
of "An Act creating a Board of Higher |
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| Education, defining its powers and
duties, making an |
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| appropriation therefor, and repealing an Act herein named",
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| approved August 22, 1961, as amended.
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| The Board of Trustees shall have the authority to adopt all |
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| administrative
rules which may be necessary for the effective |
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| administration, enforcement and
regulation of all matters for |
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| which the Board has jurisdiction or
responsibility.
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| (b) To assist in the provision of buildings and facilities |
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| beneficial to,
useful for, or supportive of University |
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| purposes, the Board of Trustees of the
University of Illinois |
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| may exercise the following powers with regard to the
area |
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| located on or adjacent to the University of Illinois at Chicago |
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| campus and
bounded as follows: on the West by Morgan Street; on |
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| the North by
Roosevelt Road; on the East by Union Street; and |
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| on
the South by 16th
Street, in the City of Chicago:
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| (1) Acquire any interests in land, buildings, or |
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| facilities by purchase,
including installments payable |
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| over a period allowed by law, by lease over a
term of such |
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| duration as the Board of Trustees shall determine, or by
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| exercise of the power of eminent domain;
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| (2) Sub-lease or contract to purchase through |
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| installments all or any
portion of buildings or facilities |
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| for such duration and on such terms as the
Board of |
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| Trustees shall determine, including a term that exceeds 5 |
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| years,
provided that each such lease or purchase contract |
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| shall be and shall recite
that it is subject to termination |
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| and cancellation in any year for which the
General Assembly |
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| fails to make an appropriation to pay the rent or purchase
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| installments payable under the terms of such lease or |
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| purchase contract; and
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| (3) Sell property without compliance with the State |
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| Property Control Act
and retain proceeds in the University |
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| Treasury in a special, separate
development fund account |
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| which the Auditor General shall examine to assure
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| compliance with this Act.
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| Any buildings or facilities to be developed on the land shall |
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| be buildings or
facilities that, in the determination of the |
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| Board of Trustees, in whole
or in part: (i) are for use by the |
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| University; or (ii) otherwise advance the
interests of the |
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| University, including, by way of example, residential
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| facilities for University staff and students and commercial |
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| facilities which
provide services needed by the University
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| community. Revenues from the development fund account may be |
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| withdrawn by
the University for the purpose of demolition and |
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| the processes associated with
demolition; routine land and |
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| property acquisition; extension of utilities;
streetscape |
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| work; landscape work; surface and structure parking; |
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| sidewalks,
recreational paths, and street construction; and |
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| lease and lease purchase
arrangements and the professional |
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| services associated with the planning and
development of the |
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| area. Moneys from the development fund account used for any
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| other purpose must be deposited into and appropriated from the |
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| General Revenue
Fund. Buildings or facilities leased to
an
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| entity
or person other than the University shall not be subject |
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| to any limitations
applicable to a State supported college or |
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| university under any law. All
development on the land and all |
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| use of any buildings or facilities shall be
subject to the |
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| control and approval of the Board of Trustees.
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| (c) To assist in the provision of buildings and facilities |
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| beneficial to,
useful for, or supportive of University |
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| purposes, the Board of Trustees of the
University of Illinois |
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| may do the following: |
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| (1) acquire any interests in land, buildings, or |
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| facilities by purchase,
including installments payable |
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| over a period allowed by law, by lease over a
term of such |
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| duration as the Board of Trustees shall determine, |
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| including terms in excess of 10 years, or by
exercise of |
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| the power of eminent domain; and
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| (2) sub-lease or contract to purchase through |
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| installments all or any
portion of buildings or facilities |
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| for such duration and on such terms as the
Board of |
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| Trustees shall determine,
provided that each such lease or |
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| purchase contract shall be and shall recite
that it is |
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| subject to termination and cancellation in any year for |
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| which the
General Assembly fails to make an appropriation |
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| to pay the rent or purchase
installments payable under the |
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| terms of such lease or purchase contract.
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| (Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)".
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