Bill Text: IL HB0061 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Public Building Commission Act. Adds to the powers of a public building commission. Provides that a public building commission has the power to employ and discharge without regard to any Civil Services Act "design-build" experts to carry out the purposes of this Act. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0352 [HB0061 Detail]
Download: Illinois-2009-HB0061-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Building Commission Act is amended by | ||||||
5 | changing Section 14 as follows:
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6 | (50 ILCS 20/14) (from Ch. 85, par. 1044)
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7 | 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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13 | 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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19 | incidental or necessary, to carry out and effectuate such | ||||||
20 | express powers:
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21 | (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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1 | 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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5 | 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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12 | 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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16 | (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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22 | 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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1 | the county board.
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2 | (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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9 | 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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15 | 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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22 | 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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1 | county clerk. Upon receipt of such resolution the
county clerk | ||||||
2 | shall immediately notify the board of election commissioners,
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3 | 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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6 | -------------------------------------------------------------
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7 | Shall ......... be acquired for the
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8 | erection, alteration or improvement of
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9 | a building or buildings pursuant to YES
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10 | the Public Building Commission Act,
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11 | approved July 5, 1955, which project
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12 | it is estimated will cost $........., -----------------
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13 | including the cost of the site
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14 | acquisition and for the payment of which
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15 | revenue bonds in the amount of $...., NO
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16 | maturing .... and bearing interest at
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17 | the rate of .....% per annum, may be
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18 | issued?
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19 | -------------------------------------------------------------
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20 | 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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1 | 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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4 | (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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9 | 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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16 | 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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26 | (c) To demolish, repair, alter or improve any building or |
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1 | 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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8 | 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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12 | (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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18 | (e) To make provisions for offstreet parking facilities.
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19 | (f) To operate, maintain, manage and to make and enter into
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20 | contracts for the operation, maintenance and management of such
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21 | buildings and other facilities and to provide rules and | ||||||
22 | regulations for
the operation, maintenance and management | ||||||
23 | thereof.
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24 | (g) To employ and discharge without regard to any Civil | ||||||
25 | Services
Act, engineering, architectural, construction, | ||||||
26 | design-build, legal and financial
experts and such other |
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1 | employees as may be necessary in its judgment to
carry out the | ||||||
2 | purposes of this Act and to fix compensation for such
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3 | employees, and enter into contracts for the employment of any | ||||||
4 | person,
firm, or corporation, and for professional services | ||||||
5 | necessary or
desirable for the accomplishment of the objects | ||||||
6 | and purposes of the
Commission and the proper administration, | ||||||
7 | management, protection and
control of its property.
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8 | (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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14 | 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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19 | 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.
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24 | (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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1 | 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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4 | (j) To execute written leases evidencing the rental | ||||||
5 | agreements
authorized in paragraphs (h) and (i) of this | ||||||
6 | Section.
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7 | (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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15 | (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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21 | (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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1 | necessary and convenient therefor and to pay all costs
and | ||||||
2 | expenses incident thereto, including, but without in any way
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3 | 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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11 | Commissioners.
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12 | (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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22 | (Source: P.A. 94-1055, eff. 1-1-07; 95-614, eff. 9-11-07.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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