Full Text of SB1453 95th General Assembly
SB1453eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Building Commission Act is amended by | 5 |
| changing Sections 14, 14.2, and 20 as follows:
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| (50 ILCS 20/14) (from Ch. 85, par. 1044)
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| 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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| 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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| incidental or necessary, to carry out and effectuate such | 20 |
| express powers:
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| (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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| 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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| 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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| 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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| (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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| 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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| the county board.
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| (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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| 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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| 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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| 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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| county clerk. Upon receipt of such resolution the
county clerk | 2 |
| shall immediately notify the board of election commissioners,
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| 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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| -------------------------------------------------------------
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| Shall ......... be acquired for the
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| erection, alteration or improvement of
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| a building or buildings pursuant to YES
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| the Public Building Commission Act,
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| approved July 5, 1955, which project
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| it is estimated will cost $........., -----------------
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| including the cost of the site
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| acquisition and for the payment of which
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| revenue bonds in the amount of $...., NO
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| maturing .... and bearing interest at
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| the rate of .....% per annum, may be
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| issued?
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| -------------------------------------------------------------
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| 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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| 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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| (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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| 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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| 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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| (c) To demolish, repair, alter or improve any building or |
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| 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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| 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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| (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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| (e) To make provisions for offstreet parking facilities.
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| (f) To operate, maintain, manage and to make and enter into
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| contracts for the operation, maintenance and management of such
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| buildings and other facilities and to provide rules and | 22 |
| regulations for
the operation, maintenance and management | 23 |
| thereof.
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| (g) To employ and discharge without regard to any Civil | 25 |
| Services
Act, engineering, architectural, construction, legal | 26 |
| and financial
experts and such other employees as may be |
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| necessary in its judgment to
carry out the purposes of this Act | 2 |
| and to fix compensation for such
employees, and enter into | 3 |
| contracts for the employment of any person,
firm, or | 4 |
| corporation, and for professional services necessary or
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| desirable for the accomplishment of the objects and purposes of | 6 |
| the
Commission and the proper administration, management, | 7 |
| protection and
control of its property.
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| (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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| 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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| 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 , not to exceed 30 years .
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| (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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| 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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| (j) To execute written leases evidencing the rental | 5 |
| agreements
authorized in paragraphs (h) and (i) of this | 6 |
| Section.
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| (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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| (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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| (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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| necessary and convenient therefor and to pay all costs
and | 2 |
| expenses incident thereto, including, but without in any way
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| 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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| Commissioners.
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| (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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| (Source: P.A. 94-1055, eff. 1-1-07.)
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| (50 ILCS 20/14.2) (from Ch. 85, par. 1044.2)
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| Sec. 14.2. Relocation assistance payment.
In addition to | 25 |
| all other powers authorized under this Act, a public
building |
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| commission shall have the power to make the following | 2 |
| relocation
assistance payments where such relocation | 3 |
| assistance payments are not
available from Federal funds or | 4 |
| otherwise:
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| (a) A public building commission is authorized to pay, as | 6 |
| part of the
cost of acquisition of any site, to a person | 7 |
| displaced by a public building
commission project, the actual | 8 |
| reasonable expenses in moving said person,
his family, his | 9 |
| business, or his farm operation, including the moving of
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| personal property. The allowable expenses for transportation | 11 |
| shall not
exceed the cost of moving 50 miles from the point | 12 |
| from which such person,
family, business or farm is being | 13 |
| displaced.
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| A public building commission is authorized to adopt rules | 15 |
| and
regulations as may be determined necessary to implement the | 16 |
| payments as
authorized by this section.
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| (b) In lieu of the actual moving expenses heretofore | 18 |
| authorized to be
paid, a public building commission may pay any | 19 |
| person displaced from a
dwelling, who elects to accept such | 20 |
| payment, a moving expense allowance
determined according to a | 21 |
| schedule to be established by a public building
commission, not | 22 |
| to exceed $1,000
$200 , and a further dislocation allowance of
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| $500
$100 .
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| (c) In lieu of the actual moving expenses heretofore | 25 |
| authorized to be
paid, a public building commission may pay any | 26 |
| person who moves or
discontinues his business or farm |
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| operation, who elects to accept such
payment, a fixed | 2 |
| relocation payment in an amount equal to the average
annual net | 3 |
| earnings of the business or the farm operation, or $10,000
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| $5,000 ,
whichever is the lesser. In the case of a business, no | 5 |
| payment shall be
made unless the public building commission is | 6 |
| satisfied that the business
(1) cannot be relocated without a | 7 |
| substantial loss of its existing
patronage, and (2) is not part | 8 |
| of a commercial enterprise having at least
one other | 9 |
| establishment not being acquired for a project by a public
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| building commission which is engaged in the same or similar | 11 |
| business. The
term "average annual net earnings" means one-half | 12 |
| of any net earnings of
the business or farm operation before | 13 |
| Federal, State and local income
taxes, during the two taxable | 14 |
| years immediately preceding the taxable year
in which such | 15 |
| business or farm operation moves from the real property being
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| acquired for such project, and includes any compensation paid | 17 |
| by the
business or farm operation to the owner, his spouse or | 18 |
| his dependents
during such two-year period.
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| (d) In addition to the amounts heretofore authorized to be | 20 |
| paid by a
public building commission, a public building | 21 |
| commission may, as part of
the cost of acquisition of any site, | 22 |
| make a payment to the owner of real
property acquired for a | 23 |
| public building commission project which is
improved by a | 24 |
| single, two or three-family dwelling actually owned and
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| occupied by the owner for not less than one year prior to the | 26 |
| initiation of
negotiations for the acquisition of such |
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| property, an amount which, when
added to the acquisition | 2 |
| payment, equals the average price required for a
comparable | 3 |
| dwelling determined in accordance with standards established | 4 |
| by
the city, village or town in which the dwelling is located, | 5 |
| to be a decent,
safe and sanitary dwelling adequate to | 6 |
| accommodate the displaced owner,
reasonably accessible to | 7 |
| public services and places of employment and
available on the | 8 |
| private market. Such payment shall not exceed the sum of
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| $25,000
$5,000 , and shall be made only to a displaced owner who | 10 |
| purchases and
occupies a dwelling that meets the standards | 11 |
| established by the city,
village or town in which the dwelling | 12 |
| is located, within one year
subsequent to the date on which he | 13 |
| is required to move from the dwelling
acquired for the public | 14 |
| building commission project. Any individual or
family not | 15 |
| eligible to receive such payment, who is displaced from any
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| dwelling, which dwelling was actually and lawfully occupied by | 17 |
| such
individual and family for not less than ninety days prior | 18 |
| to the initiation
of negotiations for acquisition of such | 19 |
| property, may be paid by a public
building commission an amount | 20 |
| necessary to enable such individual or family
to lease or rent | 21 |
| for a period not to exceed two years, or to make the down
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| payment on the purchase of a decent, safe and sanitary dwelling | 23 |
| of
standards adequate to accommodate such individual or family | 24 |
| in areas not
generally less desirable in regard to public | 25 |
| utilities and public and
commercial facilities. Such payment | 26 |
| shall not exceed the sum of $2,000
$1,500 .
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| (e) In addition to the amounts heretofore authorized to be | 2 |
| paid, a
public building commission may reimburse the owner of | 3 |
| real property
acquired for a public building commission project | 4 |
| the reasonable and
necessary expenses incurred for (1) | 5 |
| recording fees, transfer taxes, and
similar expenses | 6 |
| incidental to conveying such property; and (2) penalty
costs | 7 |
| for prepayment of any mortgages entered into in good faith
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| encumbering such real property, if such mortgage is on record | 9 |
| or has been
filed for record under applicable State law on the | 10 |
| date of the selection,
location and designation of the site by | 11 |
| a public building commission for
such project.
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| (f) Nothing contained in this amendatory Act creates in any | 13 |
| proceedings
brought under the power of eminent domain any | 14 |
| element of damages not in
existence as of the date of enactment | 15 |
| of this amendatory Act.
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| (Source: P.A. 76-2560.)
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| (50 ILCS 20/20) (from Ch. 85, par. 1050)
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| Sec. 20. All contracts to be let for the construction, | 19 |
| alteration,
improvement, repair, enlargement, demolition or | 20 |
| removal of any buildings or
other facilities, or for materials | 21 |
| or supplies to be furnished, where the
amount thereof is in | 22 |
| excess of $10,000
$5,000 , shall be let to the lowest
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| responsible bidder, or bidders, on open competitive bidding | 24 |
| after public
advertisement published at least once in each week | 25 |
| for three consecutive
weeks prior to the opening of bids , in a |
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| daily newspaper of general
circulation in the county where the | 2 |
| commission is located , except in the case of an emergency | 3 |
| situation, as determined by the chief executive officer. If a | 4 |
| contract is awarded in an emergency situation, (i) the contract | 5 |
| accepted must be based on the lowest responsible bid after the | 6 |
| commission has made a diligent effort to solicit multiple bids | 7 |
| by telephone, facsimile, or other efficient means and (ii) the | 8 |
| chief executive officer must submit a report at the next | 9 |
| regular meeting of the Board, to be ratified by the Board and | 10 |
| entered into the official record, that states the chief | 11 |
| executive officer's reason for declaring an emergency | 12 |
| situation, the names of all parties solicited for bids, and | 13 |
| their bids and that includes a copy of the contract awarded . | 14 |
| Nothing
contained in this Section shall be construed to | 15 |
| prohibit the Board of
Commissioners from placing additional | 16 |
| advertisements in recognized trade
journals. Advertisements | 17 |
| for bids shall describe the character of the
proposed contract | 18 |
| in sufficient detail to enable the bidders thereon to
know what | 19 |
| their obligation will be, either in the advertisement itself, | 20 |
| or
by reference to detailed plans and specifications on file in | 21 |
| the office of
the Public Building Commission at the time of the | 22 |
| publication of the first
announcement. Such advertisement | 23 |
| shall also state the date, time, and place
assigned for the | 24 |
| opening of bids and no bids shall be received at any time
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| subsequent to the time indicated in said advertisement. The | 26 |
| Board of
Commissioners may reject any and all bids received and |
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| readvertise for
bids. All bids shall be open to public | 2 |
| inspection in the office of the
Public Building Commission | 3 |
| after an award or final selection has been made
for a period of | 4 |
| at least forty-eight (48) hours
before award is made . The | 5 |
| successful bidder for such work shall enter into
contracts | 6 |
| furnished and prescribed by the Board of Commissioners and in
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| addition to any other bonds required under this Act the | 8 |
| successful bidder
shall execute and give bond, payable to and | 9 |
| to be approved by the
Commission, with a corporate surety | 10 |
| authorized to do business under the
laws of the State of | 11 |
| Illinois, in an amount to be determined by the Board
of | 12 |
| Commissioners, conditioned upon the payment of all labor | 13 |
| furnished and
materials supplied in the prosecution of the | 14 |
| contracted work. If the bidder
whose bid has been accepted | 15 |
| shall neglect or refuse to accept the contract
within five (5) | 16 |
| days after written notice that the same has been awarded to
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| him, or if he accepts but does not execute the contract and | 18 |
| give the proper
security, the Commission may accept the next | 19 |
| lowest bidder, or readvertise
and relet in manner above | 20 |
| provided. In case any work shall be abandoned by
any contractor | 21 |
| the Commission may, if the best interests of the Commission
be | 22 |
| thereby served, adopt on behalf of the Commission all | 23 |
| subcontracts made
by such contractor for such work and all such | 24 |
| sub-contractors shall be
bound by such adoption if made; and | 25 |
| the Commission shall, in the manner
provided herein, | 26 |
| readvertise and relet the work specified in the original
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| contract exclusive of so much thereof as shall be accepted. | 2 |
| Every contract
when made and entered into, as herein provided | 3 |
| for, shall be executed ,
in
duplicate, one copy of which shall | 4 |
| be held by the Commission, and filed
in
its records, and one | 5 |
| copy of which shall be given to the contractor.
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| (Source: P.A. 84-249.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
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