Rep. David R. Leitch
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 3278
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2 | AMENDMENT NO. ______. Amend House Bill 3278 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Design-Build
Procurement Act is amended by | ||||||
5 | changing Sections 5 and 10 as follows: | ||||||
6 | (30 ILCS 537/5) | ||||||
7 | (Section scheduled to be repealed on July 1, 2009)
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8 | Sec. 5. Legislative policy. It is the intent of the | ||||||
9 | General Assembly
that
the Capital Development Board and the | ||||||
10 | University of Illinois be allowed to use the design-build | ||||||
11 | delivery method
for public
projects if it is shown to be in the | ||||||
12 | State's best interest for that particular
project. It shall be | ||||||
13 | the policy of the Capital Development Board and the University | ||||||
14 | of Illinois in the
procurement of
design-build services to | ||||||
15 | publicly announce all requirements for design-build
services | ||||||
16 | and to procure these services on the basis of demonstrated |
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1 | competence
and qualifications and with due regard for the | ||||||
2 | principles of competitive
selection.
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3 | The Capital Development Board and the University of | ||||||
4 | Illinois shall, prior to issuing requests for proposals,
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5 | promulgate
and publish procedures for the solicitation and | ||||||
6 | award of contracts pursuant to
this Act.
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7 | The Capital Development Board and the University of | ||||||
8 | Illinois shall, for each public project or projects
permitted | ||||||
9 | under
this Act, make a written determination, including a | ||||||
10 | description as to the
particular advantages of the design-build | ||||||
11 | procurement method, that it is in the
best interests of this | ||||||
12 | State to enter into a design-build contract for the
project or | ||||||
13 | projects. In making that determination, the following factors | ||||||
14 | shall
be considered:
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15 | (1) The probability that the design-build procurement | ||||||
16 | method will be in
the best interests of the State by | ||||||
17 | providing a material savings of time or
cost over the | ||||||
18 | design-bid-build or other delivery system.
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19 | (2) The type and size of the project and its | ||||||
20 | suitability to the
design-build procurement method.
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21 | (3) The ability of the State construction agency to | ||||||
22 | define and provide
comprehensive
scope and performance | ||||||
23 | criteria for the project.
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24 | No State construction agency may use a design-build | ||||||
25 | procurement method unless the agency determines in writing that | ||||||
26 | the project will comply with the disadvantaged business and |
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1 | equal employment practices of the State as established in the | ||||||
2 | Business Enterprise for Minorities, Females, and Persons with | ||||||
3 | Disabilities Act and Section 2-105 of the Illinois Human Rights | ||||||
4 | Act.
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5 | The Capital Development Board and the University of | ||||||
6 | Illinois shall within 15 days after the initial
determination | ||||||
7 | provide an advisory copy to the Procurement Policy Board and
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8 | maintain the full record of determination for 5 years.
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9 | (Source: P.A. 94-716, eff. 12-13-05.) | ||||||
10 | (30 ILCS 537/10) | ||||||
11 | (Section scheduled to be repealed on July 1, 2009)
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12 | Sec. 10. Definitions. As used in this Act:
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13 | "State construction agency" means the Capital Development | ||||||
14 | Board and the University of Illinois .
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15 | "Delivery system" means the design and construction | ||||||
16 | approach used to develop
and construct a project.
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17 | "Design-bid-build" means the traditional delivery system | ||||||
18 | used on public
projects in this State that incorporates the | ||||||
19 | Architectural, Engineering, and
Land Surveying Qualification | ||||||
20 | Based Selection Act (30 ILCS 535/) and the
principles of | ||||||
21 | competitive selection in the Illinois Procurement Code (30 ILCS
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22 | 500/).
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23 | "Design-build" means a delivery system that provides | ||||||
24 | responsibility within a
single contract for the furnishing of | ||||||
25 | architecture, engineering, land surveying
and related services |
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1 | as required, and the labor, materials, equipment, and
other | ||||||
2 | construction services for the project.
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3 | "Design-build contract" means a contract for a public | ||||||
4 | project under this Act
between the State construction agency | ||||||
5 | and a design-build entity to furnish
architecture,
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6 | engineering, land surveying, and related services as required, | ||||||
7 | and to furnish
the labor, materials, equipment, and other | ||||||
8 | construction services for the
project. The design-build | ||||||
9 | contract may be conditioned upon subsequent
refinements in | ||||||
10 | scope and price and may allow the State construction agency to
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11 | make
modifications in the project scope without invalidating | ||||||
12 | the design-build
contract.
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13 | "Design-build entity" means any individual, sole | ||||||
14 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
15 | professional corporation, or other
entity that proposes to | ||||||
16 | design and construct any public project under this Act.
A | ||||||
17 | design-build entity and associated design-build professionals | ||||||
18 | shall conduct themselves in accordance with the laws of this | ||||||
19 | State and the related provisions of the Illinois Administrative | ||||||
20 | Code, as referenced by the licensed design professionals Acts | ||||||
21 | of this State.
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22 | "Design professional" means any individual, sole | ||||||
23 | proprietorship, firm,
partnership, joint venture, corporation, | ||||||
24 | professional corporation, or other
entity that offers services | ||||||
25 | under the Illinois Architecture Practice Act of
1989 (225 ILCS | ||||||
26 | 305/), the Professional Engineering Practice Act of 1989 (225
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1 | ILCS 325/),
the Structural Engineering Licensing Act of 1989 | ||||||
2 | (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act | ||||||
3 | of 1989 (225 ILCS 330/).
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4 | "Evaluation criteria" means the requirements for the | ||||||
5 | separate phases of the
selection process as defined in this Act | ||||||
6 | and may include the specialized
experience, technical | ||||||
7 | qualifications and competence, capacity to perform, past
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8 | performance, experience with similar projects, assignment of | ||||||
9 | personnel to the
project, and other appropriate factors. Price | ||||||
10 | may not be used as a factor in
the evaluation of Phase I | ||||||
11 | proposals.
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12 | "Proposal" means the offer to enter into a design-build | ||||||
13 | contract as submitted
by a design-build entity in accordance | ||||||
14 | with this Act.
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15 | "Request for proposal" means the document used by the State | ||||||
16 | construction agency
to solicit
proposals for a design-build | ||||||
17 | contract.
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18 | "Scope and performance criteria" means the requirements | ||||||
19 | for the public
project, including but not limited to, the | ||||||
20 | intended usage, capacity, size,
scope, quality and performance | ||||||
21 | standards, life-cycle costs, and other
programmatic criteria | ||||||
22 | that are expressed in performance-oriented and
quantifiable | ||||||
23 | specifications and drawings that can be reasonably inferred and
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24 | are suited to allow a design-build entity to develop a | ||||||
25 | proposal.
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26 | (Source: P.A. 94-716, eff. 12-13-05.) |
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1 | Section 10. The University of Illinois Act is amended by | ||||||
2 | changing Section 7 as follows:
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3 | (110 ILCS 305/7) (from Ch. 144, par. 28)
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4 | Sec. 7. Powers of trustees.
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5 | (a) The trustees shall have power to provide for the | ||||||
6 | requisite
buildings, apparatus, and conveniences; to fix the | ||||||
7 | rates for tuition; to
appoint such professors and instructors, | ||||||
8 | and to establish and provide for
the management of such model | ||||||
9 | farms, model art, and other departments and
professorships, as | ||||||
10 | may be required to teach, in the most thorough manner,
such | ||||||
11 | branches of learning as are related to agriculture and the | ||||||
12 | mechanic
arts, and military tactics, without excluding other | ||||||
13 | scientific and classical
studies. The trustees shall, upon the | ||||||
14 | written request of an employee withhold
from the compensation | ||||||
15 | of that employee any dues, payments or contributions
payable by | ||||||
16 | such employee to any labor organization as defined in the | ||||||
17 | Illinois
Educational Labor Relations Act. Under such | ||||||
18 | arrangement, an amount shall
be withheld from each regular | ||||||
19 | payroll period which is equal to the pro rata
share of the | ||||||
20 | annual dues plus any payments or contributions, and the | ||||||
21 | trustees
shall transmit such withholdings to the specified | ||||||
22 | labor organization within 10
working days from the time of the | ||||||
23 | withholding. They may accept the endowments
and voluntary | ||||||
24 | professorships or departments in the University, from any |
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1 | person
or persons or corporations who may offer the same, and, | ||||||
2 | at any regular
meeting of the board, may prescribe rules and | ||||||
3 | regulations in relation to such
endowments and declare on what | ||||||
4 | general principles they may be admitted:
Provided, that such | ||||||
5 | special voluntary endowments or professorships shall
not be | ||||||
6 | incompatible with the true design and scope of the act of | ||||||
7 | congress,
or of this Act: Provided, that no student shall at | ||||||
8 | any time be allowed to
remain in or about the University in | ||||||
9 | idleness, or without full mental or
industrial occupation: And | ||||||
10 | provided further, that the trustees, in the
exercise of any of | ||||||
11 | the powers conferred by this Act, shall not create any
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12 | liability or indebtedness in excess of the funds in the hands | ||||||
13 | of the
treasurer of the University at the time of creating such | ||||||
14 | liability or
indebtedness, and which may be specially and | ||||||
15 | properly applied to the
payment of the same. Any lease to the | ||||||
16 | trustees of lands, buildings or
facilities which will support | ||||||
17 | scientific research and development in such
areas as high | ||||||
18 | technology, super computing, microelectronics, biotechnology,
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19 | robotics, physics and engineering shall be for a term not to | ||||||
20 | exceed 18 years,
and may grant to the trustees the option to | ||||||
21 | purchase the lands, buildings or
facilities. The lease shall | ||||||
22 | recite that it is subject to termination and
cancellation in | ||||||
23 | any year for which the General Assembly fails to make an
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24 | appropriation to pay the rent payable under the terms of the | ||||||
25 | lease.
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26 | Leases for the purposes described herein exceeding 5 years |
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1 | shall have
the approval of the Illinois Board of Higher | ||||||
2 | Education.
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3 | The Board of Trustees may, directly or in cooperation with | ||||||
4 | other institutions
of higher education, acquire by purchase or | ||||||
5 | lease or otherwise, and construct,
enlarge, improve, equip, | ||||||
6 | complete, operate, control and manage medical research
and high | ||||||
7 | technology parks, together with the necessary lands, | ||||||
8 | buildings,
facilities, equipment and personal property | ||||||
9 | therefor, to encourage and
facilitate (A)
(a) the location and | ||||||
10 | development of business and industry in the
State of Illinois, | ||||||
11 | (B)
and (b) the increased application and development of
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12 | technology , and (C)
(c) the improvement and development of the | ||||||
13 | State's economy.
The Board of Trustees may lease to nonprofit | ||||||
14 | corporations all or any part
of the land, buildings, | ||||||
15 | facilities, equipment or other property included in
a medical | ||||||
16 | research and high technology park upon such terms and | ||||||
17 | conditions as
the University of Illinois may deem advisable and | ||||||
18 | enter into any contract or
agreement with such nonprofit | ||||||
19 | corporations as may be necessary or suitable for
the | ||||||
20 | construction, financing, operation and maintenance and | ||||||
21 | management of any
such park; and may lease to any person, firm, | ||||||
22 | partnership or corporation,
either public or private, any part | ||||||
23 | or all of the land, building, facilities,
equipment or other | ||||||
24 | property of such park for such purposes and upon such
rentals, | ||||||
25 | terms and conditions as the University may deem advisable; and | ||||||
26 | may
finance all or part of the cost of any such park, including |
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1 | the purchase,
lease, construction, reconstruction, | ||||||
2 | improvement, remodeling, addition to, and
extension and | ||||||
3 | maintenance of all or part of such high technology park, and | ||||||
4 | all
equipment and furnishings, by legislative appropriations, | ||||||
5 | government grants,
contracts, private gifts, loans, receipts | ||||||
6 | from the operation of such high
technology park, rentals and | ||||||
7 | similar receipts; and may make its other
facilities and | ||||||
8 | services available to tenants or other occupants of any such
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9 | park at rates which are reasonable and appropriate.
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10 | The Trustees shall have power (1)
(a) to purchase real | ||||||
11 | property and
easements, and (2)
(b) to acquire real property | ||||||
12 | and easements in the manner
provided by law for the exercise of | ||||||
13 | the right of eminent domain, and in the
event negotiations for | ||||||
14 | the acquisition of real property or easements for
making any | ||||||
15 | improvement which the Trustees are authorized to make shall | ||||||
16 | have
proven unsuccessful and the Trustees shall have by | ||||||
17 | resolution adopted a
schedule or plan of operation for the | ||||||
18 | execution of the project and therein
made a finding that it is | ||||||
19 | necessary to take such property or easements
immediately or at | ||||||
20 | some specified later date in order to comply with the
schedule, | ||||||
21 | the Trustees may acquire such property or easements in the same
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22 | manner provided in Article 20 of the Eminent Domain Act | ||||||
23 | (quick-take procedure).
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24 | The Board of Trustees also shall have power to agree with | ||||||
25 | the State's
Attorney of the county in which any properties of | ||||||
26 | the Board are located to
pay for services rendered by the |
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1 | various taxing districts for the years
1944 through 1949 and to | ||||||
2 | pay annually for services rendered thereafter by
such district | ||||||
3 | such sums as may be determined by the Board upon properties
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4 | used solely for income producing purposes, title to which is | ||||||
5 | held by said
Board of Trustees, upon properties leased to | ||||||
6 | members of the staff of the
University of Illinois, title to | ||||||
7 | which is held in trust for said Board of
Trustees and upon | ||||||
8 | properties leased to for-profit entities the title to
which | ||||||
9 | properties is held by the Board of Trustees. A certified copy | ||||||
10 | of
any such agreement made with the State's Attorney shall be | ||||||
11 | filed with the
County Clerk and such sums shall be distributed | ||||||
12 | to the respective taxing
districts by the County Collector in | ||||||
13 | such proportions that each taxing district
will receive | ||||||
14 | therefrom such proportion as the tax rate of such taxing | ||||||
15 | district
bears to the total tax rate that would be levied | ||||||
16 | against such properties if
they were not exempt from taxation | ||||||
17 | under the Property Tax Code.
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18 | The Board of Trustees of the University of Illinois, | ||||||
19 | subject to the
applicable civil service law, may appoint | ||||||
20 | persons to be members of the
University of Illinois Police | ||||||
21 | Department. Members of the Police Department
shall be peace | ||||||
22 | officers and as such have all powers possessed by policemen
in | ||||||
23 | cities, and sheriffs, including the power to make arrests on | ||||||
24 | view or
warrants of violations of state statutes and city or | ||||||
25 | county ordinances,
except that they may exercise such powers | ||||||
26 | only in counties wherein the
University and any of its branches |
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1 | or properties are located when such is
required for the | ||||||
2 | protection of university properties and interests, and its
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3 | students and personnel, and otherwise, within such counties, | ||||||
4 | when requested
by appropriate state or local law enforcement | ||||||
5 | officials; provided, however,
that such officer shall have no | ||||||
6 | power to serve and execute civil processes.
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7 | The Board of Trustees must authorize to each member of the | ||||||
8 | University of
Illinois
Police
Department
and to any other | ||||||
9 | employee of the University of Illinois exercising the powers
of | ||||||
10 | a peace officer
a distinct badge
that, on its face, (i) clearly | ||||||
11 | states that the badge is authorized by the
University of
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12 | Illinois and (ii)
contains a unique identifying number.
No | ||||||
13 | other badge shall be authorized by
the University of Illinois.
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14 | Nothing in this paragraph prohibits the Board of Trustees from | ||||||
15 | issuing
shields
or other distinctive identification to | ||||||
16 | employees not exercising the powers of a
peace officer if the | ||||||
17 | Board of Trustees determines that a shield or distinctive
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18 | identification is needed by the employee to carry out his or | ||||||
19 | her
responsibilities.
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20 | The Board of Trustees may own, operate, or govern, by or | ||||||
21 | through the
College of Medicine at Peoria, a managed care | ||||||
22 | community network established
under subsection (b) of Section | ||||||
23 | 5-11 of the Illinois
Public Aid Code.
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24 | The powers of the trustees as herein designated are subject | ||||||
25 | to the provisions
of "An Act creating a Board of Higher | ||||||
26 | Education, defining its powers and
duties, making an |
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1 | appropriation therefor, and repealing an Act herein named",
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2 | approved August 22, 1961, as amended.
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3 | The Board of Trustees shall have the authority to adopt all | ||||||
4 | administrative
rules which may be necessary for the effective | ||||||
5 | administration, enforcement and
regulation of all matters for | ||||||
6 | which the Board has jurisdiction or
responsibility.
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7 | (b) To assist in the provision of buildings and facilities | ||||||
8 | beneficial to,
useful for, or supportive of University | ||||||
9 | purposes, the Board of Trustees of the
University of Illinois | ||||||
10 | may exercise the following powers with regard to the
area | ||||||
11 | located on or adjacent to the University of Illinois at Chicago | ||||||
12 | campus and
bounded as follows: on the West by Morgan Street; on | ||||||
13 | the North by
Roosevelt Road; on the East by Union Street; and | ||||||
14 | on
the South by 16th
Street, in the City of Chicago:
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15 | (1) Acquire any interests in land, buildings, or | ||||||
16 | facilities by purchase,
including installments payable | ||||||
17 | over a period allowed by law, by lease over a
term of such | ||||||
18 | duration as the Board of Trustees shall determine, or by
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19 | exercise of the power of eminent domain;
| ||||||
20 | (2) Sub-lease or contract to purchase through | ||||||
21 | installments all or any
portion of buildings or facilities | ||||||
22 | for such duration and on such terms as the
Board of | ||||||
23 | Trustees shall determine, including a term that exceeds 5 | ||||||
24 | years,
provided that each such lease or purchase contract | ||||||
25 | shall be and shall recite
that it is subject to termination | ||||||
26 | and cancellation in any year for which the
General Assembly |
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1 | fails to make an appropriation to pay the rent or purchase
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2 | installments payable under the terms of such lease or | ||||||
3 | purchase contract; and
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4 | (3) Sell property without compliance with the State | ||||||
5 | Property Control Act
and retain proceeds in the University | ||||||
6 | Treasury in a special, separate
development fund account | ||||||
7 | which the Auditor General shall examine to assure
| ||||||
8 | compliance with this Act.
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9 | Any buildings or facilities to be developed on the land shall | ||||||
10 | be buildings or
facilities that, in the determination of the | ||||||
11 | Board of Trustees, in whole
or in part: (i) are for use by the | ||||||
12 | University; or (ii) otherwise advance the
interests of the | ||||||
13 | University, including, by way of example, residential
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14 | facilities for University staff and students and commercial | ||||||
15 | facilities which
provide services needed by the University
| ||||||
16 | community. Revenues from the development fund account may be | ||||||
17 | withdrawn by
the University for the purpose of demolition and | ||||||
18 | the processes associated with
demolition; routine land and | ||||||
19 | property acquisition; extension of utilities;
streetscape | ||||||
20 | work; landscape work; surface and structure parking; | ||||||
21 | sidewalks,
recreational paths, and street construction; and | ||||||
22 | lease and lease purchase
arrangements and the professional | ||||||
23 | services associated with the planning and
development of the | ||||||
24 | area. Moneys from the development fund account used for any
| ||||||
25 | other purpose must be deposited into and appropriated from the | ||||||
26 | General Revenue
Fund. Buildings or facilities leased to
an
|
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1 | entity
or person other than the University shall not be subject | ||||||
2 | to any limitations
applicable to a State supported college or | ||||||
3 | university under any law. All
development on the land and all | ||||||
4 | use of any buildings or facilities shall be
subject to the | ||||||
5 | control and approval of the Board of Trustees.
| ||||||
6 | (c) To assist in the provision of buildings and facilities | ||||||
7 | beneficial to,
useful for, or supportive of University | ||||||
8 | purposes, the Board of Trustees of the
University of Illinois | ||||||
9 | may do the following: | ||||||
10 | (1) acquire any interests in land, buildings, or | ||||||
11 | facilities by purchase,
including installments payable | ||||||
12 | over a period allowed by law, by lease over a
term of such | ||||||
13 | duration as the Board of Trustees shall determine, | ||||||
14 | including terms in excess of 10 years, or by
exercise of | ||||||
15 | the power of eminent domain; and
| ||||||
16 | (2) sub-lease or contract to purchase through | ||||||
17 | installments all or any
portion of buildings or facilities | ||||||
18 | for such duration and on such terms as the
Board of | ||||||
19 | Trustees shall determine,
provided that each such lease or | ||||||
20 | purchase contract shall be and shall recite
that it is | ||||||
21 | subject to termination and cancellation in any year for | ||||||
22 | which the
General Assembly fails to make an appropriation | ||||||
23 | to pay the rent or purchase
installments payable under the | ||||||
24 | terms of such lease or purchase contract.
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25 | (Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)".
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