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| Public Act 096-0352 |
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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 | ||||
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 | ||
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 | ||
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 | ||
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 | ||
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 | ||
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.
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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 | ||
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 | ||
or part of the cost of maintaining and operating the premises | ||
so
leased. Such agreement may be included as a provision of any | ||
lease
entered into pursuant to the terms of this Act or may be | ||
made the
subject of a separate agreement or contract between | ||
the Commission and
such lessee.
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(Source: P.A. 94-1055, eff. 1-1-07; 95-614, eff. 9-11-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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