Full Text of HB3278 95th General Assembly
HB3278ham001 95TH GENERAL ASSEMBLY
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Rep. David R. Leitch
Filed: 4/19/2007
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| AMENDMENT TO HOUSE BILL 3278
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| AMENDMENT NO. ______. Amend House Bill 3278 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Design-Build
Procurement Act is amended by | 5 |
| changing Sections 5 and 10 as follows: | 6 |
| (30 ILCS 537/5) | 7 |
| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 5. Legislative policy. It is the intent of the | 9 |
| General Assembly
that
the Capital Development Board and the | 10 |
| University of Illinois be allowed to use the design-build | 11 |
| delivery method
for public
projects if it is shown to be in the | 12 |
| State's best interest for that particular
project. It shall be | 13 |
| the policy of the Capital Development Board and the University | 14 |
| of Illinois in the
procurement of
design-build services to | 15 |
| publicly announce all requirements for design-build
services | 16 |
| and to procure these services on the basis of demonstrated |
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| competence
and qualifications and with due regard for the | 2 |
| principles of competitive
selection.
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| The Capital Development Board and the University of | 4 |
| Illinois shall, prior to issuing requests for proposals,
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| promulgate
and publish procedures for the solicitation and | 6 |
| award of contracts pursuant to
this Act.
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| The Capital Development Board and the University of | 8 |
| Illinois shall, for each public project or projects
permitted | 9 |
| under
this Act, make a written determination, including a | 10 |
| description as to the
particular advantages of the design-build | 11 |
| procurement method, that it is in the
best interests of this | 12 |
| State to enter into a design-build contract for the
project or | 13 |
| projects. In making that determination, the following factors | 14 |
| shall
be considered:
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| (1) The probability that the design-build procurement | 16 |
| method will be in
the best interests of the State by | 17 |
| providing a material savings of time or
cost over the | 18 |
| design-bid-build or other delivery system.
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| (2) The type and size of the project and its | 20 |
| suitability to the
design-build procurement method.
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| (3) The ability of the State construction agency to | 22 |
| define and provide
comprehensive
scope and performance | 23 |
| criteria for the project.
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| No State construction agency may use a design-build | 25 |
| procurement method unless the agency determines in writing that | 26 |
| the project will comply with the disadvantaged business and |
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| equal employment practices of the State as established in the | 2 |
| Business Enterprise for Minorities, Females, and Persons with | 3 |
| Disabilities Act and Section 2-105 of the Illinois Human Rights | 4 |
| Act.
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| The Capital Development Board and the University of | 6 |
| Illinois shall within 15 days after the initial
determination | 7 |
| provide an advisory copy to the Procurement Policy Board and
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| maintain the full record of determination for 5 years.
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| (Source: P.A. 94-716, eff. 12-13-05.) | 10 |
| (30 ILCS 537/10) | 11 |
| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 10. Definitions. As used in this Act:
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| "State construction agency" means the Capital Development | 14 |
| Board and the University of Illinois .
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| "Delivery system" means the design and construction | 16 |
| approach used to develop
and construct a project.
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| "Design-bid-build" means the traditional delivery system | 18 |
| used on public
projects in this State that incorporates the | 19 |
| Architectural, Engineering, and
Land Surveying Qualification | 20 |
| Based Selection Act (30 ILCS 535/) and the
principles of | 21 |
| competitive selection in the Illinois Procurement Code (30 ILCS
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| 500/).
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| "Design-build" means a delivery system that provides | 24 |
| responsibility within a
single contract for the furnishing of | 25 |
| architecture, engineering, land surveying
and related services |
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| as required, and the labor, materials, equipment, and
other | 2 |
| construction services for the project.
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| "Design-build contract" means a contract for a public | 4 |
| project under this Act
between the State construction agency | 5 |
| and a design-build entity to furnish
architecture,
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| engineering, land surveying, and related services as required, | 7 |
| and to furnish
the labor, materials, equipment, and other | 8 |
| construction services for the
project. The design-build | 9 |
| contract may be conditioned upon subsequent
refinements in | 10 |
| scope and price and may allow the State construction agency to
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| make
modifications in the project scope without invalidating | 12 |
| the design-build
contract.
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| "Design-build entity" means any individual, sole | 14 |
| proprietorship, firm,
partnership, joint venture, corporation, | 15 |
| professional corporation, or other
entity that proposes to | 16 |
| design and construct any public project under this Act.
A | 17 |
| design-build entity and associated design-build professionals | 18 |
| shall conduct themselves in accordance with the laws of this | 19 |
| State and the related provisions of the Illinois Administrative | 20 |
| Code, as referenced by the licensed design professionals Acts | 21 |
| of this State.
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| "Design professional" means any individual, sole | 23 |
| proprietorship, firm,
partnership, joint venture, corporation, | 24 |
| professional corporation, or other
entity that offers services | 25 |
| under the Illinois Architecture Practice Act of
1989 (225 ILCS | 26 |
| 305/), the Professional Engineering Practice Act of 1989 (225
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| ILCS 325/),
the Structural Engineering Licensing Act of 1989 | 2 |
| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | 3 |
| of 1989 (225 ILCS 330/).
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| "Evaluation criteria" means the requirements for the | 5 |
| separate phases of the
selection process as defined in this Act | 6 |
| and may include the specialized
experience, technical | 7 |
| qualifications and competence, capacity to perform, past
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| performance, experience with similar projects, assignment of | 9 |
| personnel to the
project, and other appropriate factors. Price | 10 |
| may not be used as a factor in
the evaluation of Phase I | 11 |
| proposals.
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| "Proposal" means the offer to enter into a design-build | 13 |
| contract as submitted
by a design-build entity in accordance | 14 |
| with this Act.
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| "Request for proposal" means the document used by the State | 16 |
| construction agency
to solicit
proposals for a design-build | 17 |
| contract.
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| "Scope and performance criteria" means the requirements | 19 |
| for the public
project, including but not limited to, the | 20 |
| intended usage, capacity, size,
scope, quality and performance | 21 |
| standards, life-cycle costs, and other
programmatic criteria | 22 |
| that are expressed in performance-oriented and
quantifiable | 23 |
| specifications and drawings that can be reasonably inferred and
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| are suited to allow a design-build entity to develop a | 25 |
| proposal.
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| (Source: P.A. 94-716, eff. 12-13-05.) |
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| Section 10. The University of Illinois Act is amended by | 2 |
| 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 | 6 |
| requisite
buildings, apparatus, and conveniences; to fix the | 7 |
| rates for tuition; to
appoint such professors and instructors, | 8 |
| and to establish and provide for
the management of such model | 9 |
| farms, model art, and other departments and
professorships, as | 10 |
| may be required to teach, in the most thorough manner,
such | 11 |
| branches of learning as are related to agriculture and the | 12 |
| mechanic
arts, and military tactics, without excluding other | 13 |
| scientific and classical
studies. The trustees shall, upon the | 14 |
| written request of an employee withhold
from the compensation | 15 |
| of that employee any dues, payments or contributions
payable by | 16 |
| such employee to any labor organization as defined in the | 17 |
| Illinois
Educational Labor Relations Act. Under such | 18 |
| arrangement, an amount shall
be withheld from each regular | 19 |
| payroll period which is equal to the pro rata
share of the | 20 |
| annual dues plus any payments or contributions, and the | 21 |
| trustees
shall transmit such withholdings to the specified | 22 |
| labor organization within 10
working days from the time of the | 23 |
| withholding. They may accept the endowments
and voluntary | 24 |
| professorships or departments in the University, from any |
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| person
or persons or corporations who may offer the same, and, | 2 |
| at any regular
meeting of the board, may prescribe rules and | 3 |
| regulations in relation to such
endowments and declare on what | 4 |
| general principles they may be admitted:
Provided, that such | 5 |
| special voluntary endowments or professorships shall
not be | 6 |
| incompatible with the true design and scope of the act of | 7 |
| congress,
or of this Act: Provided, that no student shall at | 8 |
| any time be allowed to
remain in or about the University in | 9 |
| idleness, or without full mental or
industrial occupation: And | 10 |
| provided further, that the trustees, in the
exercise of any of | 11 |
| 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 | 13 |
| of the
treasurer of the University at the time of creating such | 14 |
| liability or
indebtedness, and which may be specially and | 15 |
| properly applied to the
payment of the same. Any lease to the | 16 |
| trustees of lands, buildings or
facilities which will support | 17 |
| scientific research and development in such
areas as high | 18 |
| technology, super computing, microelectronics, biotechnology,
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| robotics, physics and engineering shall be for a term not to | 20 |
| exceed 18 years,
and may grant to the trustees the option to | 21 |
| purchase the lands, buildings or
facilities. The lease shall | 22 |
| recite that it is subject to termination and
cancellation in | 23 |
| 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 | 25 |
| 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 | 2 |
| Education.
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| The Board of Trustees may, directly or in cooperation with | 4 |
| other institutions
of higher education, acquire by purchase or | 5 |
| lease or otherwise, and construct,
enlarge, improve, equip, | 6 |
| complete, operate, control and manage medical research
and high | 7 |
| technology parks, together with the necessary lands, | 8 |
| buildings,
facilities, equipment and personal property | 9 |
| therefor, to encourage and
facilitate (A)
(a) the location and | 10 |
| development of business and industry in the
State of Illinois, | 11 |
| (B)
and (b) the increased application and development of
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| technology , and (C)
(c) the improvement and development of the | 13 |
| State's economy.
The Board of Trustees may lease to nonprofit | 14 |
| corporations all or any part
of the land, buildings, | 15 |
| facilities, equipment or other property included in
a medical | 16 |
| research and high technology park upon such terms and | 17 |
| conditions as
the University of Illinois may deem advisable and | 18 |
| enter into any contract or
agreement with such nonprofit | 19 |
| corporations as may be necessary or suitable for
the | 20 |
| construction, financing, operation and maintenance and | 21 |
| management of any
such park; and may lease to any person, firm, | 22 |
| partnership or corporation,
either public or private, any part | 23 |
| or all of the land, building, facilities,
equipment or other | 24 |
| property of such park for such purposes and upon such
rentals, | 25 |
| terms and conditions as the University may deem advisable; and | 26 |
| may
finance all or part of the cost of any such park, including |
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| the purchase,
lease, construction, reconstruction, | 2 |
| improvement, remodeling, addition to, and
extension and | 3 |
| maintenance of all or part of such high technology park, and | 4 |
| all
equipment and furnishings, by legislative appropriations, | 5 |
| government grants,
contracts, private gifts, loans, receipts | 6 |
| from the operation of such high
technology park, rentals and | 7 |
| similar receipts; and may make its other
facilities and | 8 |
| 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 | 11 |
| property and
easements, and (2)
(b) to acquire real property | 12 |
| and easements in the manner
provided by law for the exercise of | 13 |
| the right of eminent domain, and in the
event negotiations for | 14 |
| the acquisition of real property or easements for
making any | 15 |
| improvement which the Trustees are authorized to make shall | 16 |
| have
proven unsuccessful and the Trustees shall have by | 17 |
| resolution adopted a
schedule or plan of operation for the | 18 |
| execution of the project and therein
made a finding that it is | 19 |
| necessary to take such property or easements
immediately or at | 20 |
| some specified later date in order to comply with the
schedule, | 21 |
| 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 | 23 |
| (quick-take procedure).
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| The Board of Trustees also shall have power to agree with | 25 |
| the State's
Attorney of the county in which any properties of | 26 |
| 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 | 2 |
| pay annually for services rendered thereafter by
such district | 3 |
| 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 | 5 |
| held by said
Board of Trustees, upon properties leased to | 6 |
| members of the staff of the
University of Illinois, title to | 7 |
| which is held in trust for said Board of
Trustees and upon | 8 |
| properties leased to for-profit entities the title to
which | 9 |
| properties is held by the Board of Trustees. A certified copy | 10 |
| of
any such agreement made with the State's Attorney shall be | 11 |
| filed with the
County Clerk and such sums shall be distributed | 12 |
| to the respective taxing
districts by the County Collector in | 13 |
| such proportions that each taxing district
will receive | 14 |
| therefrom such proportion as the tax rate of such taxing | 15 |
| district
bears to the total tax rate that would be levied | 16 |
| against such properties if
they were not exempt from taxation | 17 |
| under the Property Tax Code.
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| The Board of Trustees of the University of Illinois, | 19 |
| subject to the
applicable civil service law, may appoint | 20 |
| persons to be members of the
University of Illinois Police | 21 |
| Department. Members of the Police Department
shall be peace | 22 |
| officers and as such have all powers possessed by policemen
in | 23 |
| cities, and sheriffs, including the power to make arrests on | 24 |
| view or
warrants of violations of state statutes and city or | 25 |
| county ordinances,
except that they may exercise such powers | 26 |
| 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 | 2 |
| protection of university properties and interests, and its
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| students and personnel, and otherwise, within such counties, | 4 |
| when requested
by appropriate state or local law enforcement | 5 |
| officials; provided, however,
that such officer shall have no | 6 |
| power to serve and execute civil processes.
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| The Board of Trustees must authorize to each member of the | 8 |
| University of
Illinois
Police
Department
and to any other | 9 |
| employee of the University of Illinois exercising the powers
of | 10 |
| a peace officer
a distinct badge
that, on its face, (i) clearly | 11 |
| states that the badge is authorized by the
University of
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| Illinois and (ii)
contains a unique identifying number.
No | 13 |
| other badge shall be authorized by
the University of Illinois.
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| Nothing in this paragraph prohibits the Board of Trustees from | 15 |
| issuing
shields
or other distinctive identification to | 16 |
| employees not exercising the powers of a
peace officer if the | 17 |
| Board of Trustees determines that a shield or distinctive
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| identification is needed by the employee to carry out his or | 19 |
| her
responsibilities.
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| The Board of Trustees may own, operate, or govern, by or | 21 |
| through the
College of Medicine at Peoria, a managed care | 22 |
| community network established
under subsection (b) of Section | 23 |
| 5-11 of the Illinois
Public Aid Code.
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| The powers of the trustees as herein designated are subject | 25 |
| to the provisions
of "An Act creating a Board of Higher | 26 |
| 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 | 4 |
| administrative
rules which may be necessary for the effective | 5 |
| administration, enforcement and
regulation of all matters for | 6 |
| which the Board has jurisdiction or
responsibility.
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| (b) To assist in the provision of buildings and facilities | 8 |
| beneficial to,
useful for, or supportive of University | 9 |
| purposes, the Board of Trustees of the
University of Illinois | 10 |
| may exercise the following powers with regard to the
area | 11 |
| located on or adjacent to the University of Illinois at Chicago | 12 |
| campus and
bounded as follows: on the West by Morgan Street; on | 13 |
| the North by
Roosevelt Road; on the East by Union Street; and | 14 |
| on
the South by 16th
Street, in the City of Chicago:
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| (1) Acquire any interests in land, buildings, or | 16 |
| facilities by purchase,
including installments payable | 17 |
| over a period allowed by law, by lease over a
term of such | 18 |
| 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 | 21 |
| installments all or any
portion of buildings or facilities | 22 |
| for such duration and on such terms as the
Board of | 23 |
| Trustees shall determine, including a term that exceeds 5 | 24 |
| years,
provided that each such lease or purchase contract | 25 |
| shall be and shall recite
that it is subject to termination | 26 |
| 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 | 3 |
| purchase contract; and
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| (3) Sell property without compliance with the State | 5 |
| Property Control Act
and retain proceeds in the University | 6 |
| Treasury in a special, separate
development fund account | 7 |
| 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 | 10 |
| be buildings or
facilities that, in the determination of the | 11 |
| Board of Trustees, in whole
or in part: (i) are for use by the | 12 |
| University; or (ii) otherwise advance the
interests of the | 13 |
| University, including, by way of example, residential
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| facilities for University staff and students and commercial | 15 |
| facilities which
provide services needed by the University
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| community. Revenues from the development fund account may be | 17 |
| withdrawn by
the University for the purpose of demolition and | 18 |
| the processes associated with
demolition; routine land and | 19 |
| property acquisition; extension of utilities;
streetscape | 20 |
| work; landscape work; surface and structure parking; | 21 |
| sidewalks,
recreational paths, and street construction; and | 22 |
| lease and lease purchase
arrangements and the professional | 23 |
| services associated with the planning and
development of the | 24 |
| area. Moneys from the development fund account used for any
| 25 |
| other purpose must be deposited into and appropriated from the | 26 |
| General Revenue
Fund. Buildings or facilities leased to
an
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| entity
or person other than the University shall not be subject | 2 |
| to any limitations
applicable to a State supported college or | 3 |
| university under any law. All
development on the land and all | 4 |
| use of any buildings or facilities shall be
subject to the | 5 |
| control and approval of the Board of Trustees.
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| (c) To assist in the provision of buildings and facilities | 7 |
| beneficial to,
useful for, or supportive of University | 8 |
| purposes, the Board of Trustees of the
University of Illinois | 9 |
| may do the following: | 10 |
| (1) acquire any interests in land, buildings, or | 11 |
| facilities by purchase,
including installments payable | 12 |
| over a period allowed by law, by lease over a
term of such | 13 |
| duration as the Board of Trustees shall determine, | 14 |
| including terms in excess of 10 years, or by
exercise of | 15 |
| the power of eminent domain; and
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| (2) sub-lease or contract to purchase through | 17 |
| installments all or any
portion of buildings or facilities | 18 |
| for such duration and on such terms as the
Board of | 19 |
| Trustees shall determine,
provided that each such lease or | 20 |
| purchase contract shall be and shall recite
that it is | 21 |
| subject to termination and cancellation in any year for | 22 |
| which the
General Assembly fails to make an appropriation | 23 |
| to pay the rent or purchase
installments payable under the | 24 |
| 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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