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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| competence
and qualifications and with due regard for the |
2 |
| principles of competitive
selection.
|
3 |
| The Capital Development Board and the University of |
4 |
| Illinois shall, prior to issuing requests for proposals,
|
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| promulgate
and publish procedures for the solicitation and |
6 |
| award of contracts pursuant to
this Act.
|
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| 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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| (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.
|
19 |
| (2) The type and size of the project and its |
20 |
| suitability to the
design-build procurement method.
|
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| (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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| No State construction agency may use a design-build |
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| procurement method unless the agency determines in writing that |
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| the project will comply with the disadvantaged business and |
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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| equal employment practices of the State as established in the |
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| Business Enterprise for Minorities, Females, and Persons with |
3 |
| Disabilities Act and Section 2-105 of the Illinois Human Rights |
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| Act.
|
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| 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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| maintain the full record of determination for 5 years.
|
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| (Source: P.A. 94-716, eff. 12-13-05.) |
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| (30 ILCS 537/10) |
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| (Section scheduled to be repealed on July 1, 2009)
|
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| Sec. 10. Definitions. As used in this Act:
|
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| "State construction agency" means the Capital Development |
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| Board and the University of Illinois .
|
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| "Delivery system" means the design and construction |
16 |
| approach used to develop
and construct a project.
|
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| "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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| 500/).
|
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| "Design-build" means a delivery system that provides |
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| responsibility within a
single contract for the furnishing of |
25 |
| architecture, engineering, land surveying
and related services |
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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| as required, and the labor, materials, equipment, and
other |
2 |
| construction services for the project.
|
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,
|
6 |
| engineering, land surveying, and related services as required, |
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| 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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| make
modifications in the project scope without invalidating |
12 |
| the design-build
contract.
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| "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 |
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| 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 |
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| of this State.
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| ILCS 325/),
the Structural Engineering Licensing Act of 1989 |
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| (225 ILCS 340/), or the
Illinois Professional
Land Surveyor Act |
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| of 1989 (225 ILCS 330/).
|
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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| 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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| "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.
|
15 |
| "Request for proposal" means the document used by the State |
16 |
| construction agency
to solicit
proposals for a design-build |
17 |
| contract.
|
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
|
24 |
| are suited to allow a design-build entity to develop a |
25 |
| proposal.
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| (Source: P.A. 94-716, eff. 12-13-05.) |
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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| Section 10. The University of Illinois Act is amended by |
2 |
| changing Section 7 as follows:
|
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| (110 ILCS 305/7) (from Ch. 144, par. 28)
|
4 |
| Sec. 7. Powers of trustees.
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| 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
|
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,
|
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
|
24 |
| appropriation to pay the rent payable under the terms of the |
25 |
| lease.
|
26 |
| Leases for the purposes described herein exceeding 5 years |
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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| 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
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| 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
|
9 |
| park at rates which are reasonable and appropriate.
|
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
|
22 |
| manner provided in Article 20 of the Eminent Domain Act |
23 |
| (quick-take procedure).
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| 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
|
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.
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| or properties are located when such is
required for the |
2 |
| protection of university properties and interests, and its
|
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.
|
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
|
12 |
| Illinois and (ii)
contains a unique identifying number.
No |
13 |
| other badge shall be authorized by
the University of Illinois.
|
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
|
18 |
| identification is needed by the employee to carry out his or |
19 |
| her
responsibilities.
|
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.
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| appropriation therefor, and repealing an Act herein named",
|
2 |
| approved August 22, 1961, as amended.
|
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.
|
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:
|
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
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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| fails to make an appropriation to pay the rent or purchase
|
2 |
| installments payable under the terms of such lease or |
3 |
| purchase contract; and
|
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.
|
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
|
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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09500HB3278ham001 |
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LRB095 06743 NHT 35088 a |
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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.
|
25 |
| (Source: P.A. 93-423, eff. 8-5-03; 94-1055, eff. 1-1-07.)".
|