Full Text of SB1453 95th General Assembly
SB1453 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1453
Introduced 2/9/2007, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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50 ILCS 20/14 |
from Ch. 85, par. 1044 |
50 ILCS 20/14.2 |
from Ch. 85, par. 1044.2 |
50 ILCS 20/20 |
from Ch. 85, par. 1050 |
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Amends the Public Building Commission Act. Provides that the Commission may acquire fee simple title or a lesser interest in real property located within the District (now, fee simple only). Provides that the Commission may rent all or part of its buildings to certain entities for any period of time (now, for a period not to exceed 30 years). Increases the maximum moving allowance and the maximum optional fixed relocation payment for displaced persons. Increases to $10,000 (now, $5,000) the minimum dollar amount of contracts that must be let for open competitive bidding. Requires public advertisement of contracts let for open competitive bidding at least once (now, at least once in each week for 3 consecutive weeks prior to the opening of bids) in a daily newspaper of general circulation in the county where the commission is located. Provides an emergency situation exception to the publication requirement for contracts subject to open competitive bidding. Requires all bids to be open to public inspection after an award or final selection has been made (now, for a period of at least 48 hours before an award is made). Deletes a requirement that a copy of every contract entered into by the public building commission shall be executed in duplicate. Effective immediately.
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A BILL FOR
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SB1453 |
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LRB095 04812 HLH 24872 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Building Commission Act is amended by | 5 |
| changing Sections 14, 14.2, and 20 as follows:
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| (50 ILCS 20/14) (from Ch. 85, par. 1044)
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| Sec. 14. A Public Building Commission is a municipal | 8 |
| corporation and
constitutes a body both corporate and politic | 9 |
| separate and apart from
any other municipal corporation or any | 10 |
| other public or governmental
agency. It may sue and be sued, | 11 |
| plead and be impleaded, and have a seal
and alter such at | 12 |
| pleasure, have perpetual succession, make and execute
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| contracts, leases, deeds and other instruments necessary or | 14 |
| convenient
to the exercise of its powers, and make and from | 15 |
| time to time amend and
repeal its by-laws, rules and | 16 |
| regulations not inconsistent with this
Act. In addition, it has | 17 |
| and shall exercise the following public and
essential | 18 |
| governmental powers and functions and all other powers
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| incidental or necessary, to carry out and effectuate such | 20 |
| express powers:
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| (a) To select, locate and designate, at any time and from | 22 |
| time to
time, one or more areas lying wholly within the | 23 |
| territorial limits of
the municipality or of the county seat of |
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| the county in which the
Commission is organized, or within the | 2 |
| territorial limits of the county
if the site is to be used for | 3 |
| county purposes, or (in the case of a county
having a | 4 |
| population of at least 20,000 but not more than 21,000 as
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| determined by the 1980 federal census) within the territorial | 6 |
| limits of the
county if the site is to be used for municipal | 7 |
| purposes, as the site or
sites to be acquired for the erection, | 8 |
| alteration or improvement of a
building or buildings, public | 9 |
| improvement or other facilities for the
purposes set forth in | 10 |
| this Section. The site or sites selected shall be
conveniently | 11 |
| located within such county, municipality or county seat and of
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| an area in size sufficiently large to accomplish and effectuate | 13 |
| the purpose
of this Act and sufficient to provide for proper | 14 |
| architectural setting and
adequate landscaping for such | 15 |
| building or buildings, public improvement or
other facilities.
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| (1) Where the governing body of the county seat or the | 17 |
| governing
body of any municipality with 3,000 or more | 18 |
| inhabitants has adopted the
original resolution for the | 19 |
| creation of the Commission, the site or
sites selected, and in | 20 |
| the case of a project for an Airport Authority,
the site or | 21 |
| sites selected, the project and any lease agreements, are
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| subject to approval by a majority of the members of the | 23 |
| governing body
of the county seat or by a majority of the | 24 |
| members of the governing body
of the municipality. However, | 25 |
| where the site is for a county project and
is outside the | 26 |
| limits of a municipality, the approval of the site shall
be by |
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| the county board.
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| (2) Where the original resolution for the creation of the | 3 |
| Commission
has been adopted by the governing body of the | 4 |
| county, the site or sites
selected, and in the case of a | 5 |
| project for an Airport Authority, the
site or sites selected, | 6 |
| the project and any lease agreements, are
subject to approval | 7 |
| by a majority of the members of the governing body
of the | 8 |
| county and to approval by 3/4 of the members of the governing
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| body of the county seat, except that approval of 3/4 of the | 10 |
| members of
the governing body of the county seat is not | 11 |
| required where the site is for
a county or (in the case of a | 12 |
| county having a population of at least 20,000
but not more than | 13 |
| 21,000 as determined by the 1980 federal census) a
municipal | 14 |
| project and is outside the limits of the county seat, in which
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| case approval by 3/4 of the members of the governing body of | 16 |
| any
municipality where the site or sites will be located is | 17 |
| required; and, if
such site or sites so selected, and in the | 18 |
| case of a project for an
Airport Authority, the site or sites | 19 |
| selected, the project and any lease
agreements, are not | 20 |
| approved by 3/4 of the members of the governing body
of the | 21 |
| county seat the Commission may by resolution request that the
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| approval of the site or sites so selected, and in the case of a | 23 |
| project
for an Airport Authority, the site or sites selected, | 24 |
| the project and
any lease agreements, be submitted to a | 25 |
| referendum at the next general
election in accordance with the | 26 |
| general election law, and shall present
such resolution to the |
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| county clerk. Upon receipt of such resolution the
county clerk | 2 |
| shall immediately notify the board of election commissioners,
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| if any; however, referenda pursuant to such resolution shall | 4 |
| not be called
more frequently than once in 4 years. The | 5 |
| proposition shall be in
substantially the following form:
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| -------------------------------------------------------------
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| Shall ......... be acquired for the
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| erection, alteration or improvement of
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| a building or buildings pursuant to YES
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| the Public Building Commission Act,
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| approved July 5, 1955, which project
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| it is estimated will cost $........., -----------------
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| including the cost of the site
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| acquisition and for the payment of which
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| revenue bonds in the amount of $...., NO
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| maturing .... and bearing interest at
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| the rate of .....% per annum, may be
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| issued?
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| -------------------------------------------------------------
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| If a majority of the electors voting on the proposition | 21 |
| vote in favor of
the proposition, the site or sites so | 22 |
| selected, and in the case of a
project for an Airport | 23 |
| Authority, the site or sites selected, the project
and any | 24 |
| lease agreements, shall be approved. Except where approval of | 25 |
| the
site or sites has been obtained by referendum, the area or | 26 |
| areas may be
enlarged by the Board of Commissioners, from time |
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| to time, as the need
therefor arises. The selection, location | 2 |
| and designation of more than one
area may, but need not, be | 3 |
| made at one time but may be made from time to time.
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| (b) To acquire the fee simple title to or any lesser | 5 |
| interest in the real property located
within such area or | 6 |
| areas, including easements and reversionary
interests in the | 7 |
| streets, alleys and other public places and personal
property | 8 |
| required for its purposes, by purchase, gift, legacy, or by the
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| exercise of the power of eminent domain, and title thereto | 10 |
| shall be
taken in the corporate name of the Commission. Eminent | 11 |
| domain
proceedings shall be in all respects in the manner | 12 |
| provided for the exercise
of the right of eminent domain under | 13 |
| the Eminent Domain Act. All land and appurtenances
thereto, | 14 |
| acquired or owned by the Commission are to be deemed acquired | 15 |
| or
owned for a public use or public purpose.
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| Any municipal corporation which owns fee simple title to or | 17 |
| any lesser interest in real
property located within such an | 18 |
| area, may convey such real property, or
any part thereof or | 19 |
| interest therein , to the Commission with a provision in such | 20 |
| conveyance
for the reverter of such real property or interest | 21 |
| therein to the transferor municipal
corporation at such time as | 22 |
| all revenue bonds and other obligations of
the Commission | 23 |
| incident to the real property or interest therein so conveyed, | 24 |
| have been paid
in full, and such Commission is hereby | 25 |
| authorized to accept such a
conveyance.
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| (c) To demolish, repair, alter or improve any building or |
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| buildings
within the area or areas and to erect a new building | 2 |
| or buildings,
improvement and other facilities within the area | 3 |
| or areas to provide
space for the conduct of the executive, | 4 |
| legislative and judicial
functions of government, its various | 5 |
| branches, departments and agencies
thereof and to provide | 6 |
| buildings, improvements and other facilities for
use by local | 7 |
| government in the furnishing of essential governmental,
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| health, safety and welfare services to its citizens; to furnish | 9 |
| and
equip such building or buildings, improvements and other | 10 |
| facilities, and
maintain and operate them so as to effectuate | 11 |
| the purposes of this Act.
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| (d) To pave and improve streets within such area or areas, | 13 |
| and to
construct, repair and install sidewalks, sewers, | 14 |
| waterpipes and other
similar facilities and site improvements | 15 |
| within such area or areas and
to provide for adequate | 16 |
| landscaping essential to the preparation of such
site or sites | 17 |
| in accordance with the purposes of this Act.
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| (e) To make provisions for offstreet parking facilities.
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| (f) To operate, maintain, manage and to make and enter into
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| contracts for the operation, maintenance and management of such
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| buildings and other facilities and to provide rules and | 22 |
| regulations for
the operation, maintenance and management | 23 |
| thereof.
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| (g) To employ and discharge without regard to any Civil | 25 |
| Services
Act, engineering, architectural, construction, legal | 26 |
| and financial
experts and such other employees as may be |
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| necessary in its judgment to
carry out the purposes of this Act | 2 |
| and to fix compensation for such
employees, and enter into | 3 |
| contracts for the employment of any person,
firm, or | 4 |
| corporation, and for professional services necessary or
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| desirable for the accomplishment of the objects and purposes of | 6 |
| the
Commission and the proper administration, management, | 7 |
| protection and
control of its property.
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| (h) To rent all or any part or parts of such building, | 9 |
| buildings, or
other facilities to any municipal corporation | 10 |
| that organized or joined
in the organization of the Public | 11 |
| Building Commission or to any branch,
department, or agency | 12 |
| thereof, or to any branch, department, or agency of
the State | 13 |
| or Federal government, or to any other state or any agency or
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| political subdivision of another state with which the | 15 |
| Commission has entered
into an intergovernmental agreement or | 16 |
| contract under the Intergovernmental
Cooperation Act, or to any | 17 |
| municipal corporation with which the Commission has
entered | 18 |
| into an intergovernmental agreement or contract under the
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| Intergovernmental Cooperation Act, or to any other municipal | 20 |
| corporation, quasi
municipal corporation, political | 21 |
| subdivision or body politic, or agency
thereof, doing business, | 22 |
| maintaining an office, or rendering a public service
in such | 23 |
| county for any period of time , not to exceed 30 years .
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| (i) To rent such space in such building or buildings as | 25 |
| from time to
time may not be needed by any governmental agency | 26 |
| for such other
purposes as the Board of Commissioners may |
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| determine will best serve the
comfort and convenience of the | 2 |
| occupants of such building or buildings,
and upon such terms | 3 |
| and in such manner as the Board of Commissioners may
determine.
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| (j) To execute written leases evidencing the rental | 5 |
| agreements
authorized in paragraphs (h) and (i) of this | 6 |
| Section.
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| (k) To procure and enter into contracts for any type of | 8 |
| insurance or
indemnity against loss or damage to property from | 9 |
| any cause, including
loss of use and occupancy, against death | 10 |
| or injury of any person,
against employer's liability, against | 11 |
| any act of any member, officer or
employee of the Public | 12 |
| Building Commission in the performance of the
duties of his | 13 |
| office or employment or any other insurable risk, as the
Board | 14 |
| of Commissioners in its discretion may deem necessary.
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| (l) To accept donations, contributions, capital grants or | 16 |
| gifts from
any individuals, associations, municipal and | 17 |
| private corporations and
the United States of America, or any | 18 |
| agency or instrumentality thereof,
for or in aid of any of the | 19 |
| purposes of this Act and to enter into
agreements in connection | 20 |
| therewith.
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| (m) To borrow money from time to time and in evidence | 22 |
| thereof to
issue and sell revenue bonds in such amount or | 23 |
| amounts as the Board of
Commissioners may determine to provide | 24 |
| funds for the purpose of
acquiring, erecting, demolishing, | 25 |
| improving, altering, equipping,
repairing, maintaining and | 26 |
| operating buildings and other facilities and
to acquire sites |
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| necessary and convenient therefor and to pay all costs
and | 2 |
| expenses incident thereto, including, but without in any way
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| limiting the generality of the foregoing, architectural, | 4 |
| engineering,
legal and financing expense, which may include an | 5 |
| amount sufficient to
meet the interest charges on such revenue | 6 |
| bonds during such period or
periods as may elapse prior to the | 7 |
| time when the project or projects may
become revenue producing | 8 |
| and for one year in addition thereto; and to
refund and | 9 |
| refinance, from time to time, revenue bonds so issued and
sold, | 10 |
| as often as may be deemed to be advantageous by the Board of
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| Commissioners.
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| (n) To enter into any agreement or contract with any | 13 |
| lessee, who,
pursuant to the terms of this Act, is renting or | 14 |
| is about to rent from
the Commission all or part of any | 15 |
| building or buildings or facilities,
whereby under such | 16 |
| agreement or contract such lessee obligates itself to
pay all | 17 |
| or part of the cost of maintaining and operating the premises | 18 |
| so
leased. Such agreement may be included as a provision of any | 19 |
| lease
entered into pursuant to the terms of this Act or may be | 20 |
| made the
subject of a separate agreement or contract between | 21 |
| the Commission and
such lessee.
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| (Source: P.A. 94-1055, eff. 1-1-07.)
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| (50 ILCS 20/14.2) (from Ch. 85, par. 1044.2)
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| Sec. 14.2. Relocation assistance payment.
In addition to | 25 |
| all other powers authorized under this Act, a public
building |
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| commission shall have the power to make the following | 2 |
| relocation
assistance payments where such relocation | 3 |
| assistance payments are not
available from Federal funds or | 4 |
| otherwise:
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| (a) A public building commission is authorized to pay, as | 6 |
| part of the
cost of acquisition of any site, to a person | 7 |
| displaced by a public building
commission project, the actual | 8 |
| reasonable expenses in moving said person,
his family, his | 9 |
| business, or his farm operation, including the moving of
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| personal property. The allowable expenses for transportation | 11 |
| shall not
exceed the cost of moving 50 miles from the point | 12 |
| from which such person,
family, business or farm is being | 13 |
| displaced.
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| A public building commission is authorized to adopt rules | 15 |
| and
regulations as may be determined necessary to implement the | 16 |
| payments as
authorized by this section.
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| (b) In lieu of the actual moving expenses heretofore | 18 |
| authorized to be
paid, a public building commission may pay any | 19 |
| person displaced from a
dwelling, who elects to accept such | 20 |
| payment, a moving expense allowance
determined according to a | 21 |
| schedule to be established by a public building
commission, not | 22 |
| to exceed $1,000
$200 , and a further dislocation allowance of
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| $500
$100 .
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| (c) In lieu of the actual moving expenses heretofore | 25 |
| authorized to be
paid, a public building commission may pay any | 26 |
| person who moves or
discontinues his business or farm |
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| operation, who elects to accept such
payment, a fixed | 2 |
| relocation payment in an amount equal to the average
annual net | 3 |
| earnings of the business or the farm operation, or $10,000
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| $5,000 ,
whichever is the lesser. In the case of a business, no | 5 |
| payment shall be
made unless the public building commission is | 6 |
| satisfied that the business
(1) cannot be relocated without a | 7 |
| substantial loss of its existing
patronage, and (2) is not part | 8 |
| of a commercial enterprise having at least
one other | 9 |
| establishment not being acquired for a project by a public
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| building commission which is engaged in the same or similar | 11 |
| business. The
term "average annual net earnings" means one-half | 12 |
| of any net earnings of
the business or farm operation before | 13 |
| Federal, State and local income
taxes, during the two taxable | 14 |
| years immediately preceding the taxable year
in which such | 15 |
| business or farm operation moves from the real property being
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| acquired for such project, and includes any compensation paid | 17 |
| by the
business or farm operation to the owner, his spouse or | 18 |
| his dependents
during such two-year period.
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| (d) In addition to the amounts heretofore authorized to be | 20 |
| paid by a
public building commission, a public building | 21 |
| commission may, as part of
the cost of acquisition of any site, | 22 |
| make a payment to the owner of real
property acquired for a | 23 |
| public building commission project which is
improved by a | 24 |
| single, two or three-family dwelling actually owned and
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| occupied by the owner for not less than one year prior to the | 26 |
| initiation of
negotiations for the acquisition of such |
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| property, an amount which, when
added to the acquisition | 2 |
| payment, equals the average price required for a
comparable | 3 |
| dwelling determined in accordance with standards established | 4 |
| by
the city, village or town in which the dwelling is located, | 5 |
| to be a decent,
safe and sanitary dwelling adequate to | 6 |
| accommodate the displaced owner,
reasonably accessible to | 7 |
| public services and places of employment and
available on the | 8 |
| private market. Such payment shall not exceed the sum of
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| $25,000
$5,000 , and shall be made only to a displaced owner who | 10 |
| purchases and
occupies a dwelling that meets the standards | 11 |
| established by the city,
village or town in which the dwelling | 12 |
| is located, within one year
subsequent to the date on which he | 13 |
| is required to move from the dwelling
acquired for the public | 14 |
| building commission project. Any individual or
family not | 15 |
| eligible to receive such payment, who is displaced from any
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| dwelling, which dwelling was actually and lawfully occupied by | 17 |
| such
individual and family for not less than ninety days prior | 18 |
| to the initiation
of negotiations for acquisition of such | 19 |
| property, may be paid by a public
building commission an amount | 20 |
| necessary to enable such individual or family
to lease or rent | 21 |
| for a period not to exceed two years, or to make the down
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| payment on the purchase of a decent, safe and sanitary dwelling | 23 |
| of
standards adequate to accommodate such individual or family | 24 |
| in areas not
generally less desirable in regard to public | 25 |
| utilities and public and
commercial facilities. Such payment | 26 |
| shall not exceed the sum of $2,000
$1,500 .
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| (e) In addition to the amounts heretofore authorized to be | 2 |
| paid, a
public building commission may reimburse the owner of | 3 |
| real property
acquired for a public building commission project | 4 |
| the reasonable and
necessary expenses incurred for (1) | 5 |
| recording fees, transfer taxes, and
similar expenses | 6 |
| incidental to conveying such property; and (2) penalty
costs | 7 |
| for prepayment of any mortgages entered into in good faith
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| encumbering such real property, if such mortgage is on record | 9 |
| or has been
filed for record under applicable State law on the | 10 |
| date of the selection,
location and designation of the site by | 11 |
| a public building commission for
such project.
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| (f) Nothing contained in this amendatory Act creates in any | 13 |
| proceedings
brought under the power of eminent domain any | 14 |
| element of damages not in
existence as of the date of enactment | 15 |
| of this amendatory Act.
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| (Source: P.A. 76-2560.)
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| (50 ILCS 20/20) (from Ch. 85, par. 1050)
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| Sec. 20. All contracts to be let for the construction, | 19 |
| alteration,
improvement, repair, enlargement, demolition or | 20 |
| removal of any buildings or
other facilities, or for materials | 21 |
| or supplies to be furnished, where the
amount thereof is in | 22 |
| excess of $10,000
$5,000 , shall be let to the lowest
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| responsible bidder, or bidders, on open competitive bidding | 24 |
| after public
advertisement published at least once in each week | 25 |
| for three consecutive
weeks prior to the opening of bids , in a |
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| daily newspaper of general
circulation in the county where the | 2 |
| commission is located , except in the case of an emergency | 3 |
| situation, as determined by the chief executive officer. If a | 4 |
| contract is awarded in an emergency situation, (i) the contract | 5 |
| accepted must be based on the lowest responsible bid after the | 6 |
| commission has made a diligent effort to solicit multiple bids | 7 |
| by telephone, facsimile, or other efficient means and (ii) the | 8 |
| chief executive officer must submit a report at the next | 9 |
| regular meeting of the Board, to be ratified by the Board and | 10 |
| entered into the official record, that states the chief | 11 |
| executive officer's reason for declaring an emergency | 12 |
| situation, the names of all parties solicited for bids, and | 13 |
| their bids and that includes a copy of the contract awarded . | 14 |
| Nothing
contained in this Section shall be construed to | 15 |
| prohibit the Board of
Commissioners from placing additional | 16 |
| advertisements in recognized trade
journals. Advertisements | 17 |
| for bids shall describe the character of the
proposed contract | 18 |
| in sufficient detail to enable the bidders thereon to
know what | 19 |
| their obligation will be, either in the advertisement itself, | 20 |
| or
by reference to detailed plans and specifications on file in | 21 |
| the office of
the Public Building Commission at the time of the | 22 |
| publication of the first
announcement. Such advertisement | 23 |
| shall also state the date, time, and place
assigned for the | 24 |
| opening of bids and no bids shall be received at any time
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| subsequent to the time indicated in said advertisement. The | 26 |
| Board of
Commissioners may reject any and all bids received and |
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| readvertise for
bids. All bids shall be open to public | 2 |
| inspection in the office of the
Public Building Commission | 3 |
| after an award or final selection has been made
for a period of | 4 |
| at least forty-eight (48) hours
before award is made . The | 5 |
| successful bidder for such work shall enter into
contracts | 6 |
| furnished and prescribed by the Board of Commissioners and in
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| addition to any other bonds required under this Act the | 8 |
| successful bidder
shall execute and give bond, payable to and | 9 |
| to be approved by the
Commission, with a corporate surety | 10 |
| authorized to do business under the
laws of the State of | 11 |
| Illinois, in an amount to be determined by the Board
of | 12 |
| Commissioners, conditioned upon the payment of all labor | 13 |
| furnished and
materials supplied in the prosecution of the | 14 |
| contracted work. If the bidder
whose bid has been accepted | 15 |
| shall neglect or refuse to accept the contract
within five (5) | 16 |
| days after written notice that the same has been awarded to
| 17 |
| him, or if he accepts but does not execute the contract and | 18 |
| give the proper
security, the Commission may accept the next | 19 |
| lowest bidder, or readvertise
and relet in manner above | 20 |
| provided. In case any work shall be abandoned by
any contractor | 21 |
| the Commission may, if the best interests of the Commission
be | 22 |
| thereby served, adopt on behalf of the Commission all | 23 |
| subcontracts made
by such contractor for such work and all such | 24 |
| sub-contractors shall be
bound by such adoption if made; and | 25 |
| the Commission shall, in the manner
provided herein, | 26 |
| readvertise and relet the work specified in the original
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SB1453 |
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LRB095 04812 HLH 24872 b |
|
| 1 |
| contract exclusive of so much thereof as shall be accepted. | 2 |
| Every contract
when made and entered into, as herein provided | 3 |
| for, shall be executed ,
in
duplicate, one copy of which shall | 4 |
| be held by the Commission, and filed
in
its records, and one | 5 |
| copy of which shall be given to the contractor.
| 6 |
| (Source: P.A. 84-249.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|