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Public Act 098-0258
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| HB2820 Enrolled | LRB098 07319 OMW 37382 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 |
changing Section 14 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 |
corporation and
constitutes a body both corporate and politic |
separate and apart from
any other municipal corporation or any |
other public or governmental
agency. It may sue and be sued, |
plead and be impleaded, and have a seal
and alter such at |
pleasure, have perpetual succession, make and execute
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contracts, leases, deeds and other instruments necessary or |
convenient
to the exercise of its powers, and make and from |
time to time amend and
repeal its by-laws, rules and |
regulations not inconsistent with this
Act. In addition, it has |
and shall exercise the following public and
essential |
governmental powers and functions and all other powers
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incidental or necessary, to carry out and effectuate such |
express powers:
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(a) To select, locate and designate, at any time and from |
time to
time, one or more areas lying wholly within the |
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 |
territorial limits of the county
if the site is to be used for |
county purposes, or (in the case of a county
having a |
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 |
limits of the
county if the site is to be used for municipal |
purposes, as the site or
sites to be acquired for the erection, |
alteration or improvement of a
building or buildings, public |
improvement or other facilities for the
purposes set forth in |
this Section. The site or sites selected shall be
conveniently |
located within such county, municipality or county seat and of
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an area in size sufficiently large to accomplish and effectuate |
the purpose
of this Act and sufficient to provide for proper |
architectural setting and
adequate landscaping for such |
building or buildings, public improvement or
other facilities.
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(1) Where the governing body of the county seat or the |
governing
body of any municipality with 3,000 or more |
inhabitants has adopted the
original resolution for the |
creation of the Commission, the site or
sites selected, and in |
the case of a project for an Airport Authority,
the site or |
sites selected, the project and any lease agreements, are
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subject to approval by a majority of the members of the |
governing body
of the county seat or by a majority of the |
members of the governing body
of the municipality. However, |
where the site is for a county project and
is outside the |
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 |
Commission
has been adopted by the governing body of the |
county, the site or sites
selected, and in the case of a |
project for an Airport Authority, the
site or sites selected, |
the project and any lease agreements, are
subject to approval |
by a majority of the members of the governing body
of the |
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 |
members of
the governing body of the county seat is not |
required where the site is for
a county or (in the case of a |
county having a population of at least 20,000
but not more than |
21,000 as determined by the 1980 federal census) a
municipal |
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 |
any
municipality where the site or sites will be located is |
required; and, if
such site or sites so selected, and in the |
case of a project for an
Airport Authority, the site or sites |
selected, the project and any lease
agreements, are not |
approved by 3/4 of the members of the governing body
of the |
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 |
project
for an Airport Authority, the site or sites selected, |
the project and
any lease agreements, be submitted to a |
referendum at the next general
election in accordance with the |
general election law, and shall present
such resolution to the |
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county clerk. Upon receipt of such resolution the
county clerk |
shall immediately notify the board of election commissioners,
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if any; however, referenda pursuant to such resolution shall |
not be called
more frequently than once in 4 years. The |
proposition shall be in
substantially the following form:
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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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If a majority of the electors voting on the proposition |
vote in favor of
the proposition, the site or sites so |
selected, and in the case of a
project for an Airport |
Authority, the site or sites selected, the project
and any |
lease agreements, shall be approved. Except where approval of |
the
site or sites has been obtained by referendum, the area or |
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 |
and designation of more than one
area may, but need not, be |
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 |
interest in the real property located
within such area or |
areas, including easements and reversionary
interests in the |
streets, alleys and other public places and personal
property |
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 |
shall be
taken in the corporate name of the Commission. Eminent |
domain
proceedings shall be in all respects in the manner |
provided for the exercise
of the right of eminent domain under |
the Eminent Domain Act. All land and appurtenances
thereto, |
acquired or owned by the Commission are to be deemed acquired |
or
owned for a public use or public purpose.
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Any municipal corporation which owns fee simple title to or |
any lesser interest in real
property located within such an |
area, may convey such real property, or
any part thereof or |
interest therein, to the Commission with a provision in such |
conveyance
for the reverter of such real property or interest |
therein to the transferor municipal
corporation at such time as |
all revenue bonds and other obligations of
the Commission |
incident to the real property or interest therein so conveyed, |
have been paid
in full, and such Commission is hereby |
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 |
or buildings,
improvement and other facilities within the area |
or areas to provide
space for the conduct of the executive, |
legislative and judicial
functions of government, its various |
branches, departments and agencies
thereof and to provide |
buildings, improvements and other facilities for
use by local |
government in the furnishing of essential governmental,
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health, safety and welfare services to its citizens; to furnish |
and
equip such building or buildings, improvements and other |
facilities, and
maintain and operate them so as to effectuate |
the purposes of this Act.
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(d) To pave and improve streets within such area or areas, |
and to
construct, repair and install sidewalks, sewers, |
waterpipes and other
similar facilities and site improvements |
within such area or areas and
to provide for adequate |
landscaping essential to the preparation of such
site or sites |
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 |
regulations for
the operation, maintenance and management |
thereof.
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(g) To employ and discharge without regard to any Civil |
Services
Act, engineering, architectural, construction, |
design-build, legal and financial
experts and such other |
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employees as may be necessary in its judgment to
carry out the |
purposes of this Act and to fix compensation for such
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employees, and enter into contracts for the employment of any |
person,
firm, or corporation, and for professional services |
necessary or
desirable for the accomplishment of the objects |
and purposes of the
Commission and the proper administration, |
management, protection and
control of its property.
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(h) To rent all or any part or parts of such building, |
buildings, or
other facilities to any municipal corporation |
that organized or joined
in the organization of the Public |
Building Commission or to any branch,
department, or agency |
thereof, or to any branch, department, or agency of
the State |
or Federal government, or to any other state or any agency or
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political subdivision of another state with which the |
Commission has entered
into an intergovernmental agreement or |
contract under the Intergovernmental
Cooperation Act, or to any |
municipal corporation with which the Commission has
entered |
into an intergovernmental agreement or contract under the
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Intergovernmental Cooperation Act, or to any other municipal |
corporation, quasi
municipal corporation, political |
subdivision or body politic, or agency
thereof, doing business, |
maintaining an office, or rendering a public service
in such |
county for any period of time, or to any not for profit |
corporation or any non-profit organization or association. For |
this Section, "not for profit corporation" means an Illinois |
corporation organized and existing under the General Not For |
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Profit Corporation Act of 1986 in good standing with the State |
and having been granted status as an exempt organization under |
Section 501(c) of the Internal Revenue Code, or any successor |
or similar provision of the Internal Revenue Code. "Non-profit |
organization or association" means any organization or |
association where no part of the net earnings enures to the |
lawful benefit of any person.
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(i) To rent such space in such building or buildings as |
from time to
time may not be needed by any governmental agency |
for such other
purposes as the Board of Commissioners may |
determine will best serve the
comfort and convenience of the |
occupants of such building or buildings,
and upon such terms |
and in such manner as the Board of Commissioners may
determine.
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(j) To execute written leases evidencing the rental |
agreements
authorized in paragraphs (h) and (i) of this |
Section.
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(k) To procure and enter into contracts for any type of |
insurance or
indemnity against loss or damage to property from |
any cause, including
loss of use and occupancy, against death |
or injury of any person,
against employer's liability, against |
any act of any member, officer or
employee of the Public |
Building Commission in the performance of the
duties of his |
office or employment or any other insurable risk, as the
Board |
of Commissioners in its discretion may deem necessary.
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(l) To accept donations, contributions, capital grants or |
gifts from
any individuals, associations, municipal and |
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private corporations and
the United States of America, or any |
agency or instrumentality thereof,
for or in aid of any of the |
purposes of this Act and to enter into
agreements in connection |
therewith.
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(m) To borrow money from time to time and in evidence |
thereof to
issue and sell revenue bonds in such amount or |
amounts as the Board of
Commissioners may determine to provide |
funds for the purpose of
acquiring, erecting, demolishing, |
improving, altering, equipping,
repairing, maintaining and |
operating buildings and other facilities and
to acquire sites |
necessary and convenient therefor and to pay all costs
and |
expenses incident thereto, including, but without in any way
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limiting the generality of the foregoing, architectural, |
engineering,
legal and financing expense, which may include an |
amount sufficient to
meet the interest charges on such revenue |
bonds during such period or
periods as may elapse prior to the |
time when the project or projects may
become revenue producing |
and for one year in addition thereto; and to
refund and |
refinance, from time to time, revenue bonds so issued and
sold, |
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 |
lessee, who,
pursuant to the terms of this Act, is renting or |
is about to rent from
the Commission all or part of any |
building or buildings or facilities,
whereby under such |
agreement or contract such lessee obligates itself to
pay all |