Public Act 095-0614
 
SB1453 Enrolled LRB095 04812 HLH 24872 b

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

Effective Date: 9/11/2007