State of Illinois
92nd General Assembly
Legislation

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92_HB0472

 
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 1        AN ACT in relation to local government.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Property Tax Code is amended by changing
 5    Section 18-185 as follows:

 6        (35 ILCS 200/18-185)
 7        Sec. 18-185.  Short title; definitions.  This Division  5
 8    may  be  cited  as the Property Tax Extension Limitation Law.
 9    As used in this Division 5:
10        "Consumer Price Index" means the Consumer Price Index for
11    All Urban Consumers for all items  published  by  the  United
12    States Department of Labor.
13        "Extension  limitation" means (a) the lesser of 5% or the
14    percentage increase in the Consumer Price  Index  during  the
15    12-month  calendar  year  preceding  the levy year or (b) the
16    rate of increase approved by voters under Section 18-205.
17        "Affected county" means a county  of  3,000,000  or  more
18    inhabitants  or  a county contiguous to a county of 3,000,000
19    or more inhabitants.
20        "Taxing  district"  has  the  same  meaning  provided  in
21    Section 1-150, except as otherwise provided in this  Section.
22    For  the 1991 through 1994 levy years only, "taxing district"
23    includes only each non-home rule taxing district  having  the
24    majority  of  its  1990  equalized  assessed value within any
25    county or counties contiguous to a county with  3,000,000  or
26    more inhabitants.  Beginning with the 1995 levy year, "taxing
27    district"  includes  only  each non-home rule taxing district
28    subject to this Law  before  the  1995  levy  year  and  each
29    non-home  rule taxing district not subject to this Law before
30    the 1995 levy year having the majority of its 1994  equalized
31    assessed  value in an affected county or counties.  Beginning
 
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 1    with the levy year in which this Law becomes applicable to  a
 2    taxing  district  as  provided  in  Section  18-213,  "taxing
 3    district"  also  includes those taxing districts made subject
 4    to this Law as provided in Section 18-213.
 5        "Aggregate extension" for taxing districts to which  this
 6    Law  applied  before  the  1995  levy  year  means the annual
 7    corporate extension for the taxing district and those special
 8    purpose extensions that are  made  annually  for  the  taxing
 9    district,  excluding special purpose extensions: (a) made for
10    the taxing district to pay interest or principal  on  general
11    obligation  bonds  that were approved by referendum; (b) made
12    for any taxing district  to  pay  interest  or  principal  on
13    general  obligation  bonds issued before October 1, 1991; (c)
14    made for any taxing district to pay interest or principal  on
15    bonds  issued  to  refund  or  continue to refund those bonds
16    issued before October  1,  1991;  (d)  made  for  any  taxing
17    district  to  pay  interest  or  principal on bonds issued to
18    refund or continue to refund bonds issued  after  October  1,
19    1991  that  were  approved  by  referendum;  (e) made for any
20    taxing district to pay interest or principal on revenue bonds
21    issued before October 1, 1991 for payment of which a property
22    tax levy or the full faith and credit of the  unit  of  local
23    government  is  pledged;  however,  a  tax for the payment of
24    interest or principal on those bonds shall be made only after
25    the governing body of the unit of local government finds that
26    all other sources for payment are insufficient to make  those
27    payments;  (f)  made for payments under a building commission
28    lease when the lease payments are for the retirement of bonds
29    issued by the commission before October 1, 1991, to  pay  for
30    the  building  project,  including  leases  between  a public
31    building commission and a community  college  district  in  a
32    county  with  a population not less than 300,000 and not more
33    than 400,000 that are amended under subsection (n) of Section
34    14 of the  Public  Building  Commission  Act;  (g)  made  for
 
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 1    payments  due under installment contracts entered into before
 2    October 1, 1991; (h)  made  for  payments  of  principal  and
 3    interest   on  bonds  issued  under  the  Metropolitan  Water
 4    Reclamation District Act  to  finance  construction  projects
 5    initiated  before  October  1, 1991; (i) made for payments of
 6    principal and  interest  on  limited  bonds,  as  defined  in
 7    Section  3  of  the  Local  Government Debt Reform Act, in an
 8    amount not to exceed the debt service extension base less the
 9    amount in items (b), (c), (e), and (h) of this definition for
10    non-referendum  obligations,  except  obligations   initially
11    issued  pursuant  to  referendum;  (j)  made  for payments of
12    principal and interest on bonds issued under  Section  15  of
13    the  Local  Government  Debt  Reform  Act;  and (k) made by a
14    school district that participates in  the  Special  Education
15    District  of  Lake County, created by special education joint
16    agreement under Section 10-22.31  of  the  School  Code,  for
17    payment  of  the  school  district's  share  of  the  amounts
18    required  to be contributed by the Special Education District
19    of Lake County to  the  Illinois  Municipal  Retirement  Fund
20    under  Article  7 of the Illinois Pension Code; the amount of
21    any extension under this item (k) shall be certified  by  the
22    school district to the county clerk.
23        "Aggregate  extension"  for the taxing districts to which
24    this Law did not apply before  the  1995  levy  year  (except
25    taxing  districts  subject  to  this  Law  in accordance with
26    Section 18-213) means the annual corporate extension for  the
27    taxing district and those special purpose extensions that are
28    made  annually  for  the  taxing  district, excluding special
29    purpose extensions: (a) made for the taxing district  to  pay
30    interest  or  principal on general obligation bonds that were
31    approved by referendum; (b) made for any taxing  district  to
32    pay  interest or principal on general obligation bonds issued
33    before March 1, 1995; (c) made for any taxing district to pay
34    interest or principal on bonds issued to refund  or  continue
 
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 1    to  refund  those bonds issued before March 1, 1995; (d) made
 2    for any taxing district to pay interest or principal on bonds
 3    issued to refund or continue to  refund  bonds  issued  after
 4    March  1, 1995 that were approved by referendum; (e) made for
 5    any taxing district to pay interest or principal  on  revenue
 6    bonds  issued  before  March  1,  1995 for payment of which a
 7    property tax levy or the full faith and credit of the unit of
 8    local government is pledged; however, a tax for  the  payment
 9    of  interest  or  principal on those bonds shall be made only
10    after the governing body of  the  unit  of  local  government
11    finds  that all other sources for payment are insufficient to
12    make those payments; (f) made for payments under  a  building
13    commission   lease  when  the  lease  payments  are  for  the
14    retirement of bonds issued by the commission before March  1,
15    1995  to  pay for the building project; (g) made for payments
16    due under installment contracts entered into before March  1,
17    1995;  (h)  made  for  payments  of principal and interest on
18    bonds  issued  under  the  Metropolitan   Water   Reclamation
19    District  Act  to  finance  construction  projects  initiated
20    before  October  1,  1991; (i) made for payments of principal
21    and interest on limited bonds, as defined in Section 3 of the
22    Local Government Debt Reform Act, in an amount not to  exceed
23    the debt service extension base less the amount in items (b),
24    (c),   and   (e)   of   this  definition  for  non-referendum
25    obligations, except obligations initially issued pursuant  to
26    referendum  and  bonds  described  in  subsection (h) of this
27    definition; (j) made for payments of principal  and  interest
28    on bonds issued under Section 15 of the Local Government Debt
29    Reform  Act;  (k) made for payments of principal and interest
30    on bonds authorized by Public Act  88-503  and  issued  under
31    Section  20a of the Chicago Park District Act for aquarium or
32    museum projects; and (l) made for payments of  principal  and
33    interest on bonds authorized by Public Act 87-1191 and issued
34    under  Section 42 of the Cook County Forest Preserve District
 
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 1    Act for zoological park projects.
 2        "Aggregate extension" for all taxing districts  to  which
 3    this  Law  applies  in accordance with Section 18-213, except
 4    for those  taxing  districts  subject  to  paragraph  (2)  of
 5    subsection  (e) of Section 18-213, means the annual corporate
 6    extension for the taxing district and those  special  purpose
 7    extensions  that  are  made annually for the taxing district,
 8    excluding special purpose extensions: (a) made for the taxing
 9    district to pay interest or principal on  general  obligation
10    bonds  that  were  approved  by  referendum; (b) made for any
11    taxing district to  pay  interest  or  principal  on  general
12    obligation   bonds  issued  before  the  date  on  which  the
13    referendum making this Law applicable to the taxing  district
14    is  held; (c) made for any taxing district to pay interest or
15    principal on bonds issued to refund  or  continue  to  refund
16    those  bonds  issued  before the date on which the referendum
17    making this Law applicable to the taxing  district  is  held;
18    (d) made for any taxing district to pay interest or principal
19    on  bonds issued to refund or continue to refund bonds issued
20    after the date  on  which  the  referendum  making  this  Law
21    applicable  to  the taxing district is held if the bonds were
22    approved by referendum after the date on which the referendum
23    making this Law applicable to the taxing  district  is  held;
24    (e) made for any taxing district to pay interest or principal
25    on  revenue  bonds  issued  before  the  date  on  which  the
26    referendum  making this Law applicable to the taxing district
27    is held for payment of which a property tax levy or the  full
28    faith  and credit of the unit of local government is pledged;
29    however, a tax for the payment of interest  or  principal  on
30    those  bonds  shall  be made only after the governing body of
31    the unit of local government finds that all other sources for
32    payment are insufficient to make those payments; (f) made for
33    payments under a building commission  lease  when  the  lease
34    payments  are  for  the  retirement  of  bonds  issued by the
 
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 1    commission before the date on  which  the  referendum  making
 2    this Law applicable to the taxing district is held to pay for
 3    the  building  project;  (g)  made  for  payments  due  under
 4    installment  contracts  entered into before the date on which
 5    the referendum making  this  Law  applicable  to  the  taxing
 6    district  is  held;  (h)  made  for payments of principal and
 7    interest on limited bonds, as defined in  Section  3  of  the
 8    Local  Government Debt Reform Act, in an amount not to exceed
 9    the debt service extension base less the amount in items (b),
10    (c),  and  (e)  of   this   definition   for   non-referendum
11    obligations,  except obligations initially issued pursuant to
12    referendum; (i) made for payments of principal  and  interest
13    on bonds issued under Section 15 of the Local Government Debt
14    Reform Act; and (j) made for a qualified airport authority to
15    pay  interest or principal on general obligation bonds issued
16    for the purpose of paying obligations due under, or financing
17    airport facilities  required  to  be  acquired,  constructed,
18    installed  or  equipped  pursuant  to, contracts entered into
19    before March 1, 1996 (but not  including  any  amendments  to
20    such a contract taking effect on or after that date).
21        "Aggregate  extension"  for all taxing districts to which
22    this  Law  applies  in  accordance  with  paragraph  (2)   of
23    subsection  (e)  of Section 18-213 means the annual corporate
24    extension for the taxing district and those  special  purpose
25    extensions  that  are  made annually for the taxing district,
26    excluding special purpose extensions: (a) made for the taxing
27    district to pay interest or principal on  general  obligation
28    bonds  that  were  approved  by  referendum; (b) made for any
29    taxing district to  pay  interest  or  principal  on  general
30    obligation  bonds  issued  before  the effective date of this
31    amendatory Act of 1997; (c) made for any taxing  district  to
32    pay  interest  or  principal  on  bonds  issued  to refund or
33    continue to refund those bonds issued  before  the  effective
34    date  of this amendatory Act of 1997; (d) made for any taxing
 
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 1    district to pay interest or  principal  on  bonds  issued  to
 2    refund or continue to refund bonds issued after the effective
 3    date  of  this  amendatory  Act  of  1997  if  the bonds were
 4    approved by referendum  after  the  effective  date  of  this
 5    amendatory  Act  of 1997; (e) made for any taxing district to
 6    pay interest or principal on revenue bonds issued before  the
 7    effective  date of this amendatory Act of 1997 for payment of
 8    which a property tax levy or the full faith and credit of the
 9    unit of local government is pledged; however, a tax  for  the
10    payment of interest or principal on those bonds shall be made
11    only after the governing body of the unit of local government
12    finds  that all other sources for payment are insufficient to
13    make those payments; (f) made for payments under  a  building
14    commission   lease  when  the  lease  payments  are  for  the
15    retirement of bonds  issued  by  the  commission  before  the
16    effective  date of this amendatory Act of 1997 to pay for the
17    building project; (g) made for payments due under installment
18    contracts entered into before  the  effective  date  of  this
19    amendatory  Act  of  1997; (h) made for payments of principal
20    and interest on limited bonds, as defined in Section 3 of the
21    Local Government Debt Reform Act, in an amount not to  exceed
22    the debt service extension base less the amount in items (b),
23    (c),   and   (e)   of   this  definition  for  non-referendum
24    obligations, except obligations initially issued pursuant  to
25    referendum;  (i)  made for payments of principal and interest
26    on bonds issued under Section 15 of the Local Government Debt
27    Reform Act; and (j) made for a qualified airport authority to
28    pay interest or principal on general obligation bonds  issued
29    for the purpose of paying obligations due under, or financing
30    airport  facilities  required  to  be  acquired, constructed,
31    installed or equipped pursuant  to,  contracts  entered  into
32    before  March  1,  1996  (but not including any amendments to
33    such a contract taking effect on or after that date).
34        "Debt service extension base" means an  amount  equal  to
 
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 1    that  portion  of the extension for a taxing district for the
 2    1994 levy year, or for those taxing districts subject to this
 3    Law in accordance  with  Section  18-213,  except  for  those
 4    subject to paragraph (2) of subsection (e) of Section 18-213,
 5    for  the  levy  year  in which the referendum making this Law
 6    applicable to the taxing  district  is  held,  or  for  those
 7    taxing  districts  subject  to  this  Law  in accordance with
 8    paragraph (2) of subsection (e) of  Section  18-213  for  the
 9    1996  levy  year,  constituting  an  extension for payment of
10    principal and interest on bonds issued by the taxing district
11    without referendum, but not including (i) bonds authorized by
12    Public Act 88-503 and issued under Section 20a of the Chicago
13    Park District Act for  aquarium  and  museum  projects;  (ii)
14    bonds  issued  under  Section 15 of the Local Government Debt
15    Reform Act; or (iii) refunding obligations issued  to  refund
16    or   to  continue  to  refund  obligations  initially  issued
17    pursuant to referendum.  The debt service extension base  may
18    be established or increased as provided under Section 18-212.
19        "Special purpose extensions" include, but are not limited
20    to,  extensions  for  levies  made  on  an  annual  basis for
21    unemployment  and  workers'   compensation,   self-insurance,
22    contributions  to pension plans, and extensions made pursuant
23    to Section 6-601 of the Illinois  Highway  Code  for  a  road
24    district's  permanent  road  fund  whether levied annually or
25    not.  The  extension  for  a  special  service  area  is  not
26    included in the aggregate extension.
27        "Aggregate  extension  base"  means the taxing district's
28    last preceding aggregate extension as adjusted under Sections
29    18-215 through 18-230.
30        "Levy year" has the same meaning as "year" under  Section
31    1-155.
32        "New  property" means (i) the assessed value, after final
33    board  of  review  or  board  of  appeals  action,   of   new
34    improvements  or  additions  to  existing improvements on any
 
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 1    parcel of real property that increase the assessed  value  of
 2    that  real  property  during  the levy year multiplied by the
 3    equalization factor issued by the  Department  under  Section
 4    17-30  and  (ii)  the  assessed  value,  after final board of
 5    review or board of  appeals  action,  of  real  property  not
 6    exempt  from  real  estate  taxation, which real property was
 7    exempt from real estate  taxation  for  any  portion  of  the
 8    immediately   preceding   levy   year,   multiplied   by  the
 9    equalization factor issued by the  Department  under  Section
10    17-30.   In addition, the county clerk in a county containing
11    a population of 3,000,000 or more shall include in  the  1997
12    recovered  tax  increment  value for any school district, any
13    recovered tax increment value that was applicable to the 1995
14    tax year calculations.
15        "Qualified airport authority" means an airport  authority
16    organized  under the Airport Authorities Act and located in a
17    county bordering on the  State  of  Wisconsin  and  having  a
18    population in excess of 200,000 and not greater than 500,000.
19        "Recovered   tax   increment   value"  means,  except  as
20    otherwise provided in  this  paragraph,  the  amount  of  the
21    current  year's  equalized  assessed value, in the first year
22    after a municipality terminates the designation of an area as
23    a redevelopment project area previously established under the
24    Tax Increment Allocation  Development  Act  in  the  Illinois
25    Municipal  Code,  previously established under the Industrial
26    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
27    previously  established  under  the Economic Development Area
28    Tax Increment Allocation Act, of  each  taxable  lot,  block,
29    tract,  or  parcel  of  real  property  in  the redevelopment
30    project area over and above the  initial  equalized  assessed
31    value  of  each  property  in the redevelopment project area.
32    For the taxes which are extended for the 1997 levy year,  the
33    recovered  tax  increment  value  for  a non-home rule taxing
34    district that first became subject to this Law for  the  1995
 
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 1    levy  year  because a majority of its 1994 equalized assessed
 2    value  was  in  an  affected  county  or  counties  shall  be
 3    increased if a municipality terminated the designation of  an
 4    area  in  1993  as  a  redevelopment  project area previously
 5    established under the Tax  Increment  Allocation  Development
 6    Act  in  the  Illinois Municipal Code, previously established
 7    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
 8    Municipal  Code, or previously established under the Economic
 9    Development Area Tax Increment Allocation Act, by  an  amount
10    equal  to  the  1994 equalized assessed value of each taxable
11    lot,  block,  tract,  or  parcel  of  real  property  in  the
12    redevelopment  project  area  over  and  above  the   initial
13    equalized   assessed   value   of   each   property   in  the
14    redevelopment  project  area.  In  the  first  year  after  a
15    municipality removes a taxable lot, block, tract,  or  parcel
16    of   real   property   from   a  redevelopment  project  area
17    established under the Tax  Increment  Allocation  Development
18    Act  in  the  Illinois  Municipal  Code,  the Industrial Jobs
19    Recovery Law in the Illinois Municipal Code, or the  Economic
20    Development Area Tax Increment Allocation Act, "recovered tax
21    increment  value"  means  the  amount  of  the current year's
22    equalized assessed value of each taxable lot,  block,  tract,
23    or  parcel  of  real  property removed from the redevelopment
24    project area over and above the  initial  equalized  assessed
25    value   of   that  real  property  before  removal  from  the
26    redevelopment project area.
27        Except as otherwise provided in this  Section,  "limiting
28    rate"  means  a  fraction  the numerator of which is the last
29    preceding aggregate extension base times an amount  equal  to
30    one plus the extension limitation defined in this Section and
31    the  denominator  of  which  is  the current year's equalized
32    assessed value of all real property in  the  territory  under
33    the jurisdiction of the taxing district during the prior levy
34    year.    For   those  taxing  districts  that  reduced  their
 
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 1    aggregate extension for the last  preceding  levy  year,  the
 2    highest  aggregate  extension  in any of the last 3 preceding
 3    levy years shall be used for the  purpose  of  computing  the
 4    limiting   rate.   The  denominator  shall  not  include  new
 5    property.  The denominator shall not  include  the  recovered
 6    tax increment value.
 7    (Source:  P.A.  90-485,  eff.  1-1-98;  90-511, eff. 8-22-97;
 8    90-568, eff.  1-1-99;  90-616,  eff.  7-10-98;  90-655,  eff.
 9    7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)

10        Section  10.   The  Public  Building  Commission  Act  is
11    amended by changing Section 14 as follows:

12        (50 ILCS 20/14) (from Ch. 85, par. 1044)
13        Sec.  14.  A  Public  Building  Commission is a municipal
14    corporation and constitutes a body both corporate and politic
15    separate and apart from any other  municipal  corporation  or
16    any  other  public  or governmental agency. It may sue and be
17    sued, plead and be impleaded, and have a seal and alter  such
18    at  pleasure,  have  perpetual  succession,  make and execute
19    contracts, leases, deeds and other instruments  necessary  or
20    convenient  to  the exercise of its powers, and make and from
21    time  to  time  amend  and  repeal  its  by-laws,  rules  and
22    regulations not inconsistent with this Act.  In addition,  it
23    has  and  shall  exercise  the following public and essential
24    governmental  powers  and  functions  and  all  other  powers
25    incidental or necessary, to carry  out  and  effectuate  such
26    express powers:
27        (a)  To  select,  locate  and  designate, at any time and
28    from time to time, one or more areas lying wholly within  the
29    territorial  limits of the municipality or of the county seat
30    of the county in which the Commission is organized, or within
31    the territorial limits of the county if the  site  is  to  be
32    used  for county purposes, or (in the case of a county having
 
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 1    a population of at least 20,000 but not more than  21,000  as
 2    determined by the 1980 federal census) within the territorial
 3    limits  of the county if the site is to be used for municipal
 4    purposes, as the  site  or  sites  to  be  acquired  for  the
 5    erection,   alteration   or  improvement  of  a  building  or
 6    buildings, public improvement or  other  facilities  for  the
 7    purposes  set  forth  in  this  Section.   The  site or sites
 8    selected shall be conveniently located  within  such  county,
 9    municipality   or   county  seat  and  of  an  area  in  size
10    sufficiently large to accomplish and effectuate  the  purpose
11    of   this   Act   and   sufficient   to  provide  for  proper
12    architectural  setting  and  adequate  landscaping  for  such
13    building  or   buildings,   public   improvement   or   other
14    facilities.
15        (1)  Where  the  governing body of the county seat or the
16    governing  body  of  any  municipality  with  3,000  or  more
17    inhabitants has  adopted  the  original  resolution  for  the
18    creation  of  the Commission, the site or sites selected, and
19    in the case of a project for an Airport Authority,  the  site
20    or  sites selected, the project and any lease agreements, are
21    subject to approval by a  majority  of  the  members  of  the
22    governing  body  of  the  county seat or by a majority of the
23    members of the governing body of the  municipality.  However,
24    where  the  site  is  for a county project and is outside the
25    limits of a municipality, the approval of the site  shall  be
26    by the county board.
27        (2)  Where  the  original  resolution for the creation of
28    the Commission has been adopted by the governing body of  the
29    county,  the  site  or  sites  selected, and in the case of a
30    project for an Airport Authority, the site or sites selected,
31    the project and any lease agreements, are subject to approval
32    by a majority of the members of the  governing  body  of  the
33    county and to approval by 3/4 of the members of the governing
34    body  of  the county seat, except that approval of 3/4 of the
 
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 1    members of the governing body  of  the  county  seat  is  not
 2    required  where the site is for a county or (in the case of a
 3    county having a population of at least 20,000  but  not  more
 4    than  21,000  as  determined  by  the  1980 federal census) a
 5    municipal project and is outside the  limits  of  the  county
 6    seat,  in  which  case  approval by 3/4 of the members of the
 7    governing body of any municipality where the  site  or  sites
 8    will  be  located  is required; and, if such site or sites so
 9    selected, and in  the  case  of  a  project  for  an  Airport
10    Authority,  the  site  or sites selected, the project and any
11    lease agreements, are not approved by 3/4 of the  members  of
12    the  governing  body of the county seat the Commission may by
13    resolution request that the approval of the site or sites  so
14    selected,  and  in  the  case  of  a  project  for an Airport
15    Authority, the site or sites selected, the  project  and  any
16    lease  agreements,  be  submitted to a referendum at the next
17    general election in accordance with the general election law,
18    and shall present such resolution to the county  clerk.  Upon
19    receipt of such resolution the county clerk shall immediately
20    notify  the board of election commissioners, if any; however,
21    referenda pursuant to such resolution  shall  not  be  called
22    more  frequently  than once in 4 years. The proposition shall
23    be in substantially the following form:
24    -------------------------------------------------------------
25        Shall ...... be acquired for the
26    erection, alteration or improvement of a
27    building or  buildings pursuant to the        YES
28    Public  Building Commission Act,
29    approved  July 5, 1955, which project
30    it is  estimated will cost $.........,    -------------------
31    including the cost of the site
32    acquisition and for the payment of which
33    revenue bonds in the  amount of $....,        NO
34    maturing ....  and bearing interest at
 
                            -14-               LRB9203825MWpk
 1    the  rate of .....% per annum, may be issued?
 2    -------------------------------------------------------------
 3    If a majority of the electors voting on the proposition  vote
 4    in  favor  of the proposition, the site or sites so selected,
 5    and in the case of a project for an  Airport  Authority,  the
 6    site or sites selected, the project and any lease agreements,
 7    shall  be  approved.   Except  where  approval of the site or
 8    sites has been obtained by referendum, the area or areas  may
 9    be enlarged by the Board of Commissioners, from time to time,
10    as  the  need  therefor  arises.  The selection, location and
11    designation of more than one area may, but need not, be  made
12    at one time but may be made from time to time.
13        (b)  To acquire the fee simple title to the real property
14    located  within  such  area or areas, including easements and
15    reversionary interests  in  the  streets,  alleys  and  other
16    public   places   and  personal  property  required  for  its
17    purposes, by purchase, gift, legacy, or by  the  exercise  of
18    the power of eminent domain, and title thereto shall be taken
19    in  the  corporate  name  of  the Commission.  Eminent domain
20    proceedings shall be in all respects in the  manner  provided
21    for the exercise of the right of eminent domain under Article
22    VII of the Code of Civil Procedure, approved August 19, 1981,
23    as  amended.  All land and appurtenances thereto, acquired or
24    owned by the Commission are to be deemed  acquired  or  owned
25    for a public use or public purpose.
26        Any  municipal corporation which owns fee simple title to
27    real property located within such an area,  may  convey  such
28    real  property, or any part thereof, to the Commission with a
29    provision in such conveyance for the reverter  of  such  real
30    property to the transferor municipal corporation at such time
31    as  all revenue bonds and other obligations of the Commission
32    incident to the real property so conveyed, have been paid  in
33    full, and such Commission is hereby authorized to accept such
34    a conveyance.
 
                            -15-               LRB9203825MWpk
 1        (c)  To  demolish,  repair, alter or improve any building
 2    or buildings within the area or areas  and  to  erect  a  new
 3    building  or  buildings,  improvement  and  other  facilities
 4    within  the area or areas to provide space for the conduct of
 5    the  executive,  legislative  and   judicial   functions   of
 6    government,  its  various  branches, departments and agencies
 7    thereof and to  provide  buildings,  improvements  and  other
 8    facilities  for  use by local government in the furnishing of
 9    essential governmental, health, safety and  welfare  services
10    to  its  citizens;  to  furnish  and  equip  such building or
11    buildings, improvements and other  facilities,  and  maintain
12    and  operate  them  so  as to effectuate the purposes of this
13    Act.
14        (d)  To pave and improve  streets  within  such  area  or
15    areas,  and  to  construct,  repair  and  install  sidewalks,
16    sewers,  waterpipes  and  other  similar  facilities and site
17    improvements within such area or areas  and  to  provide  for
18    adequate  landscaping  essential  to  the preparation of such
19    site or sites in accordance with the purposes of this Act.
20        (e)  To make provisions for offstreet parking facilities.
21        (f)  To operate, maintain, manage and to make  and  enter
22    into  contracts for the operation, maintenance and management
23    of such buildings and other facilities and to  provide  rules
24    and regulations for the operation, maintenance and management
25    thereof.
26        (g)  To  employ and discharge without regard to any Civil
27    Services Act, engineering, architectural, construction, legal
28    and financial experts and such  other  employees  as  may  be
29    necessary  in  its judgment to carry out the purposes of this
30    Act and to fix compensation for  such  employees,  and  enter
31    into  contracts  for  the  employment of any person, firm, or
32    corporation,  and  for  professional  services  necessary  or
33    desirable for the accomplishment of the objects and  purposes
34    of  the Commission and the proper administration, management,
 
                            -16-               LRB9203825MWpk
 1    protection and control of its property.
 2        (h)  To rent all or any part or parts of  such  building,
 3    buildings,  or  other facilities to any municipal corporation
 4    that organized or joined in the organization  of  the  Public
 5    Building  Commission  or to any branch, department, or agency
 6    thereof, or to any branch, department, or agency of the State
 7    or Federal government, or to any other state or any agency or
 8    political  subdivision  of  another  state  with  which   the
 9    Commission has entered into an intergovernmental agreement or
10    contract  under  the Intergovernmental Cooperation Act, or to
11    any municipal  corporation  with  which  the  Commission  has
12    entered into an intergovernmental agreement or contract under
13    the  Intergovernmental  Cooperation  Act,  or  to  any  other
14    municipal corporation, quasi municipal corporation, political
15    subdivision   or  body  politic,  or  agency  thereof,  doing
16    business,  maintaining  an  office,  or  rendering  a  public
17    service in such county for any period of time, not to  exceed
18    30 years.
19        (i)  To  rent such space in such building or buildings as
20    from time to time may  not  be  needed  by  any  governmental
21    agency  for such other purposes as the Board of Commissioners
22    may determine will best serve the comfort and convenience  of
23    the  occupants  of  such building or buildings, and upon such
24    terms and in such manner as the Board  of  Commissioners  may
25    determine.
26        (j)  To  execute  written  leases  evidencing  the rental
27    agreements authorized in  paragraphs  (h)  and  (i)  of  this
28    Section.
29        (k)  To  procure and enter into contracts for any type of
30    insurance or indemnity against loss  or  damage  to  property
31    from  any cause, including loss of use and occupancy, against
32    death or injury of any person, against employer's  liability,
33    against  any  act  of  any member, officer or employee of the
34    Public Building Commission in the performance of  the  duties
 
                            -17-               LRB9203825MWpk
 1    of  his  office or employment or any other insurable risk, as
 2    the  Board  of  Commissioners  in  its  discretion  may  deem
 3    necessary.
 4        (l)  To accept donations, contributions,  capital  grants
 5    or  gifts  from  any individuals, associations, municipal and
 6    private corporations and the United States of America, or any
 7    agency or instrumentality thereof, for or in aid  of  any  of
 8    the  purposes  of  this  Act  and to enter into agreements in
 9    connection therewith.
10        (m)  To borrow money from time to time  and  in  evidence
11    thereof  to  issue  and  sell revenue bonds in such amount or
12    amounts as  the  Board  of  Commissioners  may  determine  to
13    provide   funds  for  the  purpose  of  acquiring,  erecting,
14    demolishing,  improving,  altering,   equipping,   repairing,
15    maintaining  and operating buildings and other facilities and
16    to acquire sites necessary and convenient therefor and to pay
17    all costs  and  expenses  incident  thereto,  including,  but
18    without  in any way limiting the generality of the foregoing,
19    architectural,  engineering,  legal  and  financing  expense,
20    which may include an amount sufficient to meet  the  interest
21    charges  on  such revenue bonds during such period or periods
22    as may elapse prior to the time when the project or  projects
23    may  become  revenue  producing  and for one year in addition
24    thereto; and to refund and  refinance,  from  time  to  time,
25    revenue  bonds  so issued and sold, as often as may be deemed
26    to be advantageous by the Board of Commissioners.
27        (n)  To enter into any agreement  or  contract  with  any
28    lessee, who, pursuant to the terms of this Act, is renting or
29    is  about  to  rent  from  the  Commission all or part of any
30    building or  buildings  or  facilities,  whereby  under  such
31    agreement or contract such lessee obligates itself to pay all
32    or part of the cost of maintaining and operating the premises
33    so  leased.  Such agreement may be included as a provision of
34    any lease entered into pursuant to the terms of this  Act  or
 
                            -18-               LRB9203825MWpk
 1    may  be  made the subject of a separate agreement or contract
 2    between the Commission and such lessee.  Notwithstanding  any
 3    contrary  provision  of the Property Tax Extension Limitation
 4    Law, a lease entered into by a public building commission and
 5    a community college district in a county with a population of
 6    not less than  300,000  and  not  more  than  400,000  before
 7    October   1,   1991,  may  be  amended  to  provide  for  the
 8    continuation of an annual payment in an amount  that  is  not
 9    greater  than  the  maximum annual payment under the lease on
10    the effective date of this amendatory Act of the 92nd General
11    Assembly.  For the purposes of Section 18 of  this  Act,  the
12    effective  date  of the amendment to the lease is the same as
13    the date of the original execution of that lease.
14    (Source: P.A. 86-325; 86-1215; 87-1208.)

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