(50 ILCS 20/14) (from Ch. 85, par. 1044)
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
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
incidental or necessary, to carry out and effectuate such express powers:
(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
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
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.
(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
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.
(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
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
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
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,
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:
--------------------------------------------------------------------------------------------------------------------- Shall ......... be acquired for theerection, alteration or improvement ofa building or buildings pursuant to YESthe Public Building Commission Act,approved July 5, 1955, which projectit is estimated will cost $........., ----------------------------------------------------------------including the cost of the siteacquisition and for the payment of whichrevenue bonds in the amount of $...., NOmaturing .... and bearing interest atthe rate of .....% per annum, may beissued?---------------------------------------------------------------------------------------------------------------------
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.
(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
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.
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.
(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,
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.
(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.
(e) To make provisions for offstreet parking facilities.
(f) To operate, maintain, manage and to make and enter into
contracts for the operation, maintenance and management of such
buildings and other facilities and to provide rules and regulations for
the operation, maintenance and management thereof.
(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
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.
(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
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
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 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.
(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.
(j) To execute written leases evidencing the rental agreements
authorized in paragraphs (h) and (i) of this Section.
(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.
(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.
(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
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
Commissioners.
(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.
(Source: P.A. 98-258, eff. 8-9-13.)
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