(50 ILCS 20/1) (from Ch. 85, par. 1031)
Sec. 1.
This Act shall be known and may be cited as the Public Building Commission Act.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/2) (from Ch. 85, par. 1032)
Sec. 2.
It is hereby found and declared that there exist in many county
seats and in many municipalities within this State inadequate and outmoded
public improvements, buildings and facilities for the furnishing of
essential governmental services and for use in the conduct of local
government by the various branches, departments and agencies thereof; that
in many cases, by reason of the age of such public improvements, buildings
and facilities and the increased activities on the part of both the citizen
and his local government, they are no longer adapted or adequate to meet
the needs of the growing population; that as a consequence thereof there
are many counties, cities, municipalities and other branches and agencies
of government within this State which are compelled to spend large sums of
money annually in the rental, operation and maintenance of additional
building space to house the various branches, departments and agencies of
government to meet this ever increasing need; that as a result thereof, in
many of the cities, counties, and other municipalities within this State,
the public buildings housing the various branches, departments, and
agencies of government are widely scattered and dispersed throughout the
locality, thereby creating confusion and considerable waste of time and
effort on the part of citizens conducting ordinary business with the
various branches and agencies of government, and thereby creating reduced
efficiency of operation in the necessary intergovernmental activities of
the various branches and agencies of government; that many public records,
wills, conveyances, vital records, court orders, and
other similar documents in use in the conduct of daily business, are now
filed in many poorly protected and overcrowded spaces and at widely
separated locations by reason of the lack of an adequate public building or
buildings; that the rendering of essential governmental, health, safety and
welfare services is adversely affected by reason thereof, to the detriment
of the citizens in many county seats and municipalities; that these
conditions impair the efficient, economical and indispensable governmental
functions of the various branches and agencies of government and the
rendering of essential governmental, health, safety and welfare services,
and that in order to eradicate these conditions, it is hereby found and
declared to be necessary and desirable to make possible the construction,
acquisition, or enlargement of public improvements, buildings and
facilities to be made available for use by governmental agencies with the
intent and purpose of centralizing, insofar as is practicable, the
activities of the different branches of government and to make possible the
construction, acquisition or enlargement of public improvements, buildings
and facilities at convenient locations within the county seats and
municipalities, for use by governmental agencies in the furnishing of
essential governmental, health, safety and welfare services to its
citizens; and that the eradication of these conditions and the
construction, acquisition or enlargement of such public improvements,
building or buildings and facilities, in the manner hereinafter provided in
this Act, is hereby declared to be a public use essential to the public
interest.
(Source: P.A. 87-895.)
(50 ILCS 20/2.5)
(Section scheduled to be repealed on June 1, 2023)
Sec. 2.5. Legislative policy; conditions for use of design-build. It is the intent of the General Assembly that a commission be allowed to use the design-build delivery method for public projects if
it is shown to be in the commission’s best interest for that particular project.
It shall be the policy of the commission in the procurement of design-build services to publicly announce all requirements for design-build services and to procure these services on the basis of demonstrated competence and qualifications and with due regard for the principles of competitive selection.
The commission shall, prior to issuing requests for proposals, promulgate and publish procedures for the solicitation and award of contracts pursuant to this Act.
The commission shall, for each public project or projects permitted under this Act, make a written determination, including a description as to the particular
advantages of the design-build procurement method, that it is in the best interests of the commission to enter into a design-build contract for the project or projects.
In making that determination, the following factors shall be considered:
- (1) The probability that the design-build procurement method will be in the best interests of the commission by providing a material savings of time or cost over the design-bid-build or other delivery system.
- (2) The type and size of the project and its suitability to the design-build procurement method.
- (3) The ability of the design-build entity to define and provide comprehensive scope and performance criteria for the project.
The commission shall require the design-build entity to comply with the utilization goals established by the corporate authorities of the commission for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.
This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/3) (from Ch. 85, par. 1033)
Sec. 3. The following terms, wherever used, or referred to in this Act,
mean unless the context clearly requires a different meaning:
- (a) “Commission” means a Public Building Commission created pursuant to this Act.
- (b) “Commissioner” or “Commissioners” means a Commissioner or Commissioners of a Public Building Commission.
- (c) “County seat” means a city, village or town which is the county seat of a county.
- (d) “Municipality” means any city, village or incorporated town of the State of Illinois.
- (e) “Municipal corporation” includes a county, city, village, town, (including a county seat), park district, school district in a county of 3,000,000 or more population, board of education of a school district in a county of 3,000,000 or more population, sanitary district, airport authority contiguous with the County Seat as of July 1, 1969 and any other municipal body or governmental agency of the State, and until July 1, 2011, a school district that (i) was organized prior to 1860, (ii) is located in part in a city originally incorporated prior to 1840, and (iii) entered into a lease with a Commission prior to 1993, and its board of education, but does not include a school district in a county of less than 3,000,000 population, a board of education of a school district in a county of less than 3,000,000 population, or a community college district in a county of less than 3,000,000 population, except that until July 1, 2011, a school district that (i) was organized prior to 1860, (ii) is located in part in a city originally incorporated prior to 1840, and (iii) entered into a lease with a Commission prior to 1993, and its board of education, are included.
- (f) “Governing body” includes a city council, county board, or any other body or board, by whatever name it may be known, charged with the governing of a municipal corporation.
- (g) “Presiding officer” includes the mayor or president of a city, village or town, the presiding officer of a county board, or the presiding officer of any other board or commission, as the case may be.
- (h) “Oath” means oath or affirmation.
- (i) “Building” means an improvement to real estate to be made available for use by a municipal corporation for the furnishing of governmental services to its citizens, together with any land or interest in land necessary or useful in connection with the improvement.
- (j) “Delivery system” means the design and construction approach used to develop and construct a project.
- (k) “Design-bid-build” means the traditional delivery system used on public projects that incorporates the Local Government Professional Services Selection Act (50 ILCS 510/) and the principles of competitive selection.
- (l) “Design-build” means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying and related services as required, and the labor, materials, equipment, and other construction services for the project.
- (m) “Design-build contract” means a contract for a public project under this Act between the Commission and a design-build entity to furnish architecture, engineering, land surveying, and related services as required, and to furnish the labor, materials, equipment, and other construction services for the project. The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the Commission to make modifications in the project scope without invalidating the design-build contract.
- (n) “Design-build entity” means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Act. A design-build entity and associated design-build professionals shall conduct themselves in accordance with the laws of this State and the related provisions of the Illinois Administrative Code, as referenced by the licensed design professionals Acts of this State.
- (o) “Design professional” means any individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989 (225 ILCS 305/), the Professional Engineering Practice Act of 1989 (225 ILCS 325/), the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the Illinois Professional Land Surveyor Act of 1989 (225 ILCS 330/).
- (p) “Evaluation criteria” means the requirements for the separate phases of the selection process for design-build proposals as defined in this Act and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. Price may not be used as a factor in the evaluation of Phase I proposals.
- (q) “Proposal” means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Act.
- (r) “Request for proposal” means the document used by the Commission to solicit proposals for a design-build contract.
- (s) “Scope and performance criteria” means the requirements for the public project, including but not limited to, the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal.
- (t) “Guaranteed maximum price” means a form of contract in which compensation may vary according to the scope of work involved but in any case may not exceed an agreed total amount.
Definitions in this Section with respect to design-build shall have no effect beginning on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
The actions of any person or entity taken on or after June 1, 2013 and before the effective date of this amendatory Act of the 98th General Assembly in reliance on the provisions of this Section with respect to design-build continuing to be effective are hereby validated.
(Source: P.A. 100-736, eff. 1-1-19.)
(50 ILCS 20/4) (from Ch. 85, par. 1034)
Sec. 4.
The governing body of any municipality with 3,000 or more inhabitants
or any county seat or the county board of any county may, by resolution adopted
by a majority of its members, determine that there is need and that it is in
the best interest of the public that a Public Building Commission be organized
to exercise the powers and authority prescribed by this Act and it shall
therein set forth the name of the Public Building Commission to be created
hereunder, provided, however, that the words “Public Building Commission” shall
form part of its name. After the effective date of this amendatory Act of 1992,
if the original resolution for the creation of a Public Building Commission has been adopted by the governing body of a municipality with
3,000 or more inhabitants or a county seat, or a county board, the resolution
shall be submitted to the voters of such municipality, county seat, or county
at an election in accordance with the general election law. The proposition
shall be in substantially the following form:
- Shall the Public Building Commission of (name of municipality) be created and organized to exercise the powers and authority prescribed by the Public Building Commission Act?
The votes shall be recorded as “Yes” or “No”.
If a majority of the votes cast upon the proposition are
in favor thereof, the Public Building Commission of such
municipality or county shall be created and organized in the manner
hereinafter provided. The presiding officer of the municipality with
3,000 or more inhabitants, county seat, or county board shall within 10 days
after the date of the approval of the proposition by the voters, cause a copy
of the resolution to be published once in a daily newspaper published in the
county seat and if there be no newspaper published in that county seat, then in
a newspaper published in the county having a circulation in that county seat.
Any municipal corporation which has the power of taxation under the laws of
this State and any part of whose area of jurisdiction lies within the
territorial limits of that county seat may join in the organization of the
Public Building Commission in the manner hereinafter set forth in this section.
The governing body of any municipal corporation meeting the foregoing
requirement and desiring to join in the organization of the Public Building
Commission, shall, by a majority vote of its members and within 45 days from
the date of such publication, adopt a resolution to that effect. The presiding
officer of each municipal corporation adopting such a resolution signifying its
desire to join in the organization of the Public Building Commission, shall,
within 15 days after the date of adoption thereof, transmit a copy of the
resolution duly certified by the proper officer of that municipal corporation
to be true and correct, to the presiding officer of the municipality, county
seat or county board adopting the original resolution.
Within the 10 day period following the expiration of 60 days after the date
of publication of the original resolution, it shall be the duty of the
presiding officer of the municipality, county seat or county board adopting the
original resolution to file in the office of the recorder in and for that
county under one cover a certified copy of the resolution adopted by such
municipality, county seat, or county board together with a certificate by the
publisher of the newspaper of the publication of such resolution and the date
of publication and all of the certified copies transmitted to him as
hereinabove provided by the municipal corporations, if any, joining in the
organization of the Public Building Commission.
Upon such filing in the office of the recorder the Public Building Commission
shall be deemed to be organized as a municipal corporation and body politic.
In any county having a population of at least 350,000 but less than 1,000,000
inhabitants, more than one Public Building Commission may be organized to
exercise the essential governmental powers and functions herein granted and
such a county may establish a Public Building Commission even though a
municipality within the county already has one established under this Act.
Not more than one Public Building Commission shall be organized by a single
unit of local government.
(Source: P.A. 87-1208; 88-45.)
(50 ILCS 20/4a) (from Ch. 85, par. 1034a)
Sec. 4a. A Public Building Commission may be created for the limited
purpose of constructing, acquiring, enlarging, improving, repairing or
replacing
a specific public improvement, building or facility or a special type or
class of public improvements, buildings or facilities. The provisions of
Section 4 of this Act shall apply to the creation of a Public Building
Commission
under this Section, except that the resolution adopted by the municipality
or county board and the proposition shall specify the limited purpose for
which such Public Building Commission is to be created. The provisions of
Section 4 authorizing any municipal corporation any part of whose area of
jurisdiction lies within the territorial limits of that county seat to join
in the organization of the Public Building Commission in the manner set
forth in that Section shall not be applicable to a Public Building Commission
created under this Section. The county board of any county that has created a public building commission for a limited and specific purpose may expand that purpose by resolution.
The purpose of a public building commission created by the county board of any county may not be expanded until the question of expanding the purpose of the public building commission has been submitted to the electors of the county at a regular election and approved by a majority of the electors voting on the question. The county board must certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code.
The election authority must submit the question in substantially the following form:
- Shall the county board be authorized to expand the purpose of the (insert name of public building commission) to include (insert the purpose or purposes)?
The election authority must record the votes as “Yes” or “No”.
If a majority of the electors voting on the question vote in the affirmative, the county board may thereafter expand the purpose of the public building commission.
(Source: P.A. 94-355, eff. 1-1-06.)
(50 ILCS 20/5) (from Ch. 85, par. 1035)
Sec. 5.
Within 60 days after the filing in the office of the recorder
of the resolution or resolutions organizing the Public Building
Commission, the presiding officer of the municipality, county seat or
county board adopting the original resolution and the presiding officers of
the municipal corporations, if any, joining in the organization of the
Public Building Commission shall appoint Commissioners in the manner
hereinafter provided. All appointments shall be made with the advice and
consent of the governing body whose presiding officer makes the
appointment.
Within 10 days after the appointment of the commissioners by the
respective presiding officers, with the advice and consent of the
respective governing bodies, as aforesaid, each of such presiding officers
shall transmit to the presiding officer of the municipality, county seat or
county board which adopted the original resolution, a certificate of such
appointment. The presiding officer of the municipality, county seat or
county board shall cause all such certificates of appointment, including a
certificate of the appointments made by the presiding officer of the
municipality, county seat or county board which adopted the original
resolution, to be bound under one cover and filed in the office of the
recorder in and for the county. Upon such filing the persons so
appointed shall constitute the Board of Commissioners of the Public
Building Commission and upon taking the oath of office as hereinafter
provided shall be deemed to have qualified and be empowered to exercise the
powers and authority prescribed in this Act.
The Board of Commissioners shall in all cases consist of not less than 5
members and in such instances as there may be more than 5 members as herein
provided, the Board of Commissioners shall consist of an odd number.
If the county seat or municipality alone organizes the Public Building
Commission, the presiding officer of the county seat or municipality shall
appoint not less than 5 Commissioners.
If the county board alone organized the Public Building Commission, the
presiding officer of the county board shall appoint not less than 5
Commissioners. The Commissioners appointed to that Public Building Commission
must be residents of the county in which the Commission is organized.
If any one municipal corporation shall join with the municipality,
county seat or county board in the organization of the Public Building
Commission then and in such event the presiding officer of the
municipality, county seat or county board adopting the original resolution
shall appoint 3 Commissioners and the presiding officer of the municipal
corporation joining in the organization of the Public Building Commission
shall appoint 2 Commissioners.
If 2 or more municipal corporations, in addition to the municipality,
county seat or county board adopting the original resolution, shall join
with the municipality, county seat or county board in the organization of
the Public Building Commission then and in such event the presiding
officers of the municipal corporations joining in the organization shall
each appoint 1 Commissioner and the presiding officer of the municipality,
county seat or county board adopting the original resolution shall appoint
such number of commissioners as shall exceed by 1 the aggregate number
appointed by the presiding officers of the municipal corporations joining
in the organization of the Commission.
The initial terms of such Commissioners shall be for 5, 4, 3, 2 and 1
year, respectively, and in such cases as there may be more than 5
Commissioners the initial terms of Commissioners in excess of 5
Commissioners shall be on a descending scale of 5, 4, 3, 2 and 1 years, as
there are Commissioners in excess of 5. The length of the terms of the
first Commissioners shall be determined by lot at their first meeting. The
initial terms of office of Commissioners who are to hold office for terms
of 1, 2, 3, 4 and 5 years, respectively, shall continue until that
September 30th which next follows the expiration of the periods of 1, 2, 3,
4 and 5 years, respectively, from the date of the filing of the
certificates of appointment in the office of the recorder, as
aforesaid, and until their successors are appointed and qualify by taking
their oath of office.
At the expiration of the term of each of the Commissioners, and of each
succeeding Commissioner, or in the event of a vacancy, resignation, removal
or refusal to act, the presiding officer of the municipal corporation, who
made that Commissioner’s appointment in the first instance, shall appoint a
Commissioner, in the manner hereinabove provided, to hold office, in the
case of a vacancy occurring for whatever reason, for the unexpired term, or
in the case of expiration, for a term of 5 years, and until his successor
is appointed and has qualified. Each such appointment shall become
effective upon the filing by the presiding officer making the appointment
of a certificate of the appointment in the office of the recorder
for that county. Any Commissioner may be appointed to succeed himself.
(Source: P.A. 91-447, eff. 1-1-00.)
(50 ILCS 20/6) (from Ch. 85, par. 1036)
Sec. 6.
Each person appointed as a member of the Board of Commissioners
shall qualify by taking and subscribing to an oath to uphold the
Constitution of the United States and of the State of Illinois and to well
and faithfully discharge his duties, which oath shall be filed with the
Secretary of the Commission.
Commissioners shall be persons experienced in real estate management,
building construction or finance. The fact that a person is an officer or
employee of any municipal corporation, including the county seat or county
board or any municipality with 3,000 or more inhabitants which adopted the
original resolution or any other municipal corporation which joined in the
organization of the Commission, shall not disqualify that person from being
a Commissioner of a Public Building Commission. No person who is appointed
as a Commissioner of a Public Building Commission shall have a financial
interest in the creation of or in the continued existence of the Public
Building Commission. No Commissioner shall acquire any interest, direct or
indirect in any contract or proposed contract of the Public Building
Commission, or in any land, building or buildings or other property or
facilities in which the Public Building Commission has an interest. If any
Commissioner at any time holds or controls an interest, direct or indirect
in any property which the Public Building Commission is about to acquire,
he shall disclose the same in writing to the Commission and such disclosure
shall be entered upon the minutes of the Board of Commissioners.
(Source: Laws 1965, p. 3179.)
(50 ILCS 20/7) (from Ch. 85, par. 1037)
Sec. 7.
No Commissioner shall receive any compensation, whether in form of
salary, per diem allowance or otherwise, for or in connection with his
services as such Commissioner. Each Commissioner, however, shall be
entitled to reimbursement for any necessary expenditures in connection with
the performance of his duties.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/8) (from Ch. 85, par. 1038)
Sec. 8.
The Commissioners appointed in pursuance of the foregoing
provisions of this Act shall constitute the Board of Commissioners of the
Public Building Commission. The government, control and management of the
affairs of the Public Building Commission shall be vested in the Board of
Commissioners and such Board shall possess and exercise all of the powers
granted under this Act and such other powers, not inconsistent with this
Act, as may be necessary to effectuate the purposes of this Act.
The presiding officer of the municipality, county seat or county board
adopting the original organization resolution shall call the first meeting
of the Board of Commissioners. He shall give notice in writing to each
member of the Board of the time and place of the meeting not less than 5
days prior to the meeting and shall preside over the meeting until the
members have elected a Chairman. The members, at the initial meeting, shall
first draw lots to determine their terms of office which shall be entered
of record in the proceedings of the Board.
The Board of Commissioners at the initial meeting shall elect one of
their members as chairman. At such meeting or at a later meeting, the Board
shall elect or appoint a secretary and treasurer and such other officers as
they may deem necessary for such terms as they may decide upon. The
secretary and treasurer need not be commissioners, and if such officers are
not commissioners, they shall receive compensation in such amount as shall
be determined by the Board. At such meeting, or at a later meeting, the
Commissioners shall adopt a corporate seal, by-laws, and rules and
regulations suitable to the purposes of this Act, which shall provide a
time for the election of officers and of other regular and special meetings
of the Commissioners, and shall contain the rules for the transaction of
other business of such Public Building Commission and for amending such
by-laws, rules and regulations.
The Board of Commissioners shall have full power to pass all necessary
ordinances, resolutions, rules and regulations for the proper management
and conduct of the business of the Board of Commissioners and of the Public
Building Commission and for carrying into effect the object for which such
Public Building Commission is created.
(Source: Laws 1965, p. 3179.)
(50 ILCS 20/9) (from Ch. 85, par. 1039)
Sec. 9.
A majority of the Board of Commissioners shall constitute a quorum
for the transaction of the business thereof. The concurring vote of a
majority of all the Commissioners shall be required for the exercise of any
of the powers granted by this Act. All records of the Commission shall be
open to public inspection at all reasonable hours.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/10) (from Ch. 85, par. 1040)
Sec. 10.
A Public Building Commission shall provide for the proper
safekeeping of its records, subject to the provisions of “The Local Records
Act”, enacted by the Seventy-second General Assembly, and shall keep a
minute book for the recording of the corporate action of the Board of
Commissioners. A complete record of the meetings and proceedings of the
Board of Commissioners shall be kept in such minute book and such minutes
shall be signed by the Secretary of the Public Building Commission. The
Commission shall keep a true and accurate account of its receipts and
disbursements and an annual audit shall be made of its books, records and
accounts. The audit shall be presented annually for review to each governing
body under whose resolution the Commission is organized. If an audit is not
presented on an annual
basis, any or all governing bodies under whose resolutions the Commission is
organized may order their own audit of the Commission’s books, records, and
accounts. The Commission shall cooperate by providing all requested
documentation. When an audit is conducted at the direction of a governing
body,
no more than one audit shall be conducted for all governing bodies under whose
resolutions the Commission is organized and the audit shall be paid for from
Commission funds.
All officers and employees authorized to
receive or retain the
custody of money or to sign vouchers, checks, warrants, or evidences of
indebtedness on behalf of the Commission, shall furnish surety bond for the
faithful performance of their duties and the faithful accounting of all
monies that may come into their hands, in an amount to be fixed and in a
form to be approved by the Board of Commissioners.
(Source: P.A. 90-702, eff. 8-7-98.)
(50 ILCS 20/11) (from Ch. 85, par. 1041)
Sec. 11.
The Treasurer of a Public Building Commission shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Act and of all revenues derived from the operation of any
project under this Act and of all other revenues from whatever source
received. The Treasurer shall keep all funds and monies belonging to the
Public Building Commission in such places of deposit as may be designated
by resolution of the Board of Commissioners, provided, however, that only a
savings and loan association or a regularly organized State or national
bank may be designated as a
depository. When a bank or savings and loan association has been designated
as a depository it shall
continue as such depository until ten (10) days have elapsed after a new
depository is designated and has qualified by furnishing the statements of
resources and liabilities as required by this Section. When a new
depository is designated, the Board of Commissioners shall notify the
surety of the Treasurer of that fact, in writing, at least five (5) days
before the transfer of funds. The Treasurer shall be discharged from
responsibility for all funds or money which he deposits in a designated
bank or savings and loan association while the funds and money are so
deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of “An Act relating to certain investments
of public funds by public agencies”, approved July 23, 1943, as now or hereafter
amended.
(Source: P.A. 83-541.)
(50 ILCS 20/12) (from Ch. 85, par. 1042)
Sec. 12.
The Board of Commissioners may employ such technical,
professional, and clerical assistants as are necessary and expedient for
the proper performance of its duties and for the accomplishment of the
objects and purposes of the Commission. The salaries, fees, or other
compensation of any such employee shall be fixed and determined by the
Board of Commissioners.
For the purpose of aiding and cooperating with a Public Building
Commission, the municipal corporations participating in its organization
may assign or loan any of their employees, whether under Civil Service or
not, to the Public Building Commission to aid in the performance of any of
the work of the Public Building Commission, and may provide necessary
office space, equipment or other facilities for the Public Building
Commission.
Any such employees so assigned or loaned who are member or
beneficiaries of any existing pension or retirement system or who have been
appointed to positions in the service of such participating municipal
corporations under rules and classifications of any Civil Service
Commission shall have the same status with respect thereto after assignment
to the Public Building Commission.
To facilitate the Public Building Commission in aid of any project
undertaken by it any municipal corporation joining in its organization may
make available to the Public Building Commission the services of its
engineering staff and facilities.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/12.1) (from Ch. 85, par. 1042.1)
Sec. 12.1.
Purchases made pursuant to this Act shall be made in
compliance with the “Local Government Prompt Payment Act”, approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(50 ILCS 20/13) (from Ch. 85, par. 1043)
Sec. 13.
This Act being designed to effect a public use and purpose, the
corporate authorities of the municipal corporation or corporations creating
the Public Building Commission and the corporate authorities of any other
municipal corporations which may be desirous of renting space in any
building or buildings to be acquired or constructed by such Public Building
Commission, may make donations of property, real or personal, or cash
grants to the Public Building Commission in such amount or amounts as they
may deem proper and appropriate in aiding the Public Building Commission to
effectuate the purpose for its creation.
(Source: Laws 1955, p. 905.)
(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, design-build, legal and financial
experts and such other employees as may be necessary in its judgment to
carry out the purposes of this Act and to fix compensation for such
employees, and enter into contracts for the employment of any person,
firm, or corporation, and for professional services necessary or
desirable for the accomplishment of the objects and purposes of the
Commission and the proper administration, management, protection and
control of its property.
(h) To rent all or any part or parts of such building, buildings, or
other facilities to any municipal corporation that organized or joined
in the organization of the Public Building Commission or to any branch,
department, or agency thereof, or to any branch, department, or agency of
the State or Federal government, or to any other state or any agency or
political subdivision of another state with which the Commission has entered
into an intergovernmental agreement or contract under the Intergovernmental
Cooperation Act, or to any municipal corporation with which the Commission has
entered into an intergovernmental agreement or contract under the
Intergovernmental Cooperation Act, or to any other municipal corporation, quasi
municipal corporation, political subdivision or body politic, or agency
thereof, doing business, maintaining an office, or rendering a public service
in such county for any period of time, or to any not for profit corporation or any non-profit organization or association. For this Section, “not for profit corporation” means an Illinois corporation organized and existing under the General Not For Profit Corporation Act of 1986 in good standing with the State and having been granted status as an exempt organization under Section 501(c) of the Internal Revenue Code, or any successor or similar provision of the Internal Revenue Code. “Non-profit organization or association” means any organization or association where no part of the net earnings enures to the lawful benefit of any person.
(i) To rent such space in such building or buildings as from time to
time may not be needed by any governmental agency for such other
purposes as the Board of Commissioners may determine will best serve the
comfort and convenience of the occupants of such building or buildings,
and upon such terms and in such manner as the Board of Commissioners may
determine.
(j) To execute written leases evidencing the rental agreements
authorized in paragraphs (h) and (i) of this Section.
(k) To procure and enter into contracts for any type of insurance or
indemnity against loss or damage to property from any cause, including
loss of use and occupancy, against death or injury of any person,
against employer’s liability, against any act of any member, officer or
employee of the Public Building Commission in the performance of the
duties of his office or employment or any other insurable risk, as the
Board of Commissioners in its discretion may deem necessary.
(l) To accept donations, contributions, capital grants or gifts from
any individuals, associations, municipal and private corporations and
the United States of America, or any agency or instrumentality thereof,
for or in aid of any of the purposes of this Act and to enter into
agreements in connection therewith.
(m) To borrow money from time to time and in evidence thereof to
issue and sell revenue bonds in such amount or amounts as the Board of
Commissioners may determine to provide funds for the purpose of
acquiring, erecting, demolishing, improving, altering, equipping,
repairing, maintaining and operating buildings and other facilities and
to acquire sites necessary and convenient therefor and to pay all costs
and expenses incident thereto, including, but without in any way
limiting the generality of the foregoing, architectural, engineering,
legal and financing expense, which may include an amount sufficient to
meet the interest charges on such revenue bonds during such period or
periods as may elapse prior to the time when the project or projects may
become revenue producing and for one year in addition thereto; and to
refund and refinance, from time to time, revenue bonds so issued and
sold, as often as may be deemed to be advantageous by the Board of
Commissioners.
(n) To enter into any agreement or contract with any lessee, who,
pursuant to the terms of this Act, is renting or is about to rent from
the Commission all or part of any building or buildings or facilities,
whereby under such agreement or contract such lessee obligates itself to
pay all or part of the cost of maintaining and operating the premises so
leased. Such agreement may be included as a provision of any lease
entered into pursuant to the terms of this Act or may be made the
subject of a separate agreement or contract between the Commission and
such lessee.
(Source: P.A. 98-258, eff. 8-9-13.)
(50 ILCS 20/14.1) (from Ch. 85, par. 1044.1)
Sec. 14.1.
In addition to the permanent financing authorized by Sections
14 and 15 of this Act, the board of commissioners of any public building
commission may borrow money and issue interim notes in evidence thereof, in
the manner following:
(a) Whenever it is deemed advisable and in the interests of the
Commission to borrow funds temporarily for any of the purposes herein
provided, in advance of permanent financing, the Board of Commissioners may
from time to time and pursuant to appropriate resolution, borrow money and
issue interim notes to evidence borrowings for the purpose of obtaining
funds for any of its projects or to perform any of the duties or functions
authorized under this Act, and, in addition, to obtain funds with which to
acquire the area or site selected and approved, and for the erection,
alteration, improvement, maintenance, operation or demolition of a building
or buildings or other facilities located or to be located thereon for the
purposes provided for by this Act, and with which to pay all necessary and
incidental costs and expenses in connection therewith, including, but
without in any way limiting the generality of the foregoing, general
administrative expenses of the commission, preliminary project planning,
area or site planning, surveying, appraisal, architectural, engineering,
demolition, maintenance, operation and insurance costs and expenses, and
interest on such borrowings until the date of the permanent financing. Any
resolution authorizing the issuance of such notes shall describe the nature
of the project, the area or site to be acquired, if the same shall have
then been selected, located, designated and approved, or the work to be
done and shall specify the principal amount, rate of interest (not
exceeding the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract) and maturity date which
shall be the same for all interim notes but not to exceed 5 years from date
of issue of the first of such notes so issued, and such other terms as may
be specified in such resolution. However, the time of payment of any such
notes may be extended for a period of not exceeding 2 years from the
maturity date thereof.
The Board of Commissioners may provide for the registration of the notes
in the name of the owner either as to principal alone, or as to both
principal and interest, on such terms and conditions as the Board may
determine by the resolution authorizing their issue. The notes shall be
issued from time to time by the Board of Commissioners as funds are
borrowed, in the manner the Board of Commissioners may determine. Interest
on the notes may be made payable semiannually, annually or at maturity. The
notes may be made redeemable, prior to maturity, at the option of the
Commission, in the manner and upon the terms fixed by the resolution
authorizing their issuance. The notes may be executed in the name of the
Commission by the Chairman of the Board of Commissioners or by any other
officer or officers of the Commission as the Board by resolution may
direct, shall be attested by the Secretary or such other officer or
officers of the Commission as the Board may by resolution direct, and be
sealed with the Commission’s corporate seal. All such notes and the
interest thereon may be secured by a pledge of any income and revenue
derived by the Commission from the property to be acquired with the
proceeds of the notes, after deducting from such income and revenue any
reasonable and necessary maintenance and operation expenses, and shall be
payable solely from such income and revenue and from the proceeds to be
derived from the sale of any revenue bonds for permanent financing
authorized to be issued under Sections 14 and 15 of this Act, and from the
property acquired with the proceeds of the notes.
Contemporaneously with the issue, as provided by this Act, of revenue
bonds all interim notes, even though they may not then have matured, shall
be paid, both principal and interest to date of payment, from the funds
derived from the sale of revenue bonds for the permanent financing and such
interim notes shall be surrendered and canceled.
(b) The Commission, in order further to secure the payment of the
interim notes, is, in addition to the foregoing, authorized and empowered
to do the following:
1. Pledge or mortgage all or any part of the property to be acquired
with the proceeds of the interim notes, or provide otherwise for the sale,
public or private and with or without notice, of all or any part of the
property, in the event of default in payment of principal of or interest on
the interim notes or on any covenant or agreement of the Commission in
connection with the interim notes, and in the event of any such default to
permit the acceleration of the maturity of the interim notes. Except with
respect to the funds derived from revenue bonds, as provided in this
Section no pledge, mortgage or provision for the sale of any property
shall relate to any property, other than the property to be acquired with
the proceeds of any and all such interim notes, and any net income and
revenue derived from the property.
2. Covenant against pledging or mortgaging or otherwise disposing of all
or any part of or interest in the property to be acquired with proceeds of
the interim notes, or any net income derived from the property; and against
permitting or allowing any lien on the property or its net income; and
against any borrowings or incurring liabilities in addition to the
borrowings and liabilities, evidenced by the interim notes, prior to the
issuance of revenue bonds; and against the issue of interim notes in excess
of a specified principal amount; and against preference of any interim note
over any other interim note as to payment of interest or principal; and
against making any substitutions for or additions or improvements to such
property except with the proceeds derived from borrowings evidenced by any
and all such interim notes; or with the net income derived from such property.
3. Make any other or additional covenants, terms and conditions not
inconsistent with the provisions of subparagraph (a) of this Section, and
do any and all acts and things as may be necessary or convenient or
desirable in order to secure payment of its interim notes, or, in the
discretion of the Commission, as will tend to make the interim notes more
acceptable to lenders, notwithstanding that the covenants, acts or things
may not be enumerated herein. However, nothing contained in this
subparagraph shall authorize the Commission to secure the payment of the
interim notes out of property, other than the property acquired with the
proceeds of the interim notes, and any net income and revenue derived from
the property and the proceeds of revenue bonds as provided in this Section.
(c) The interim notes shall not constitute an indebtedness within the
meaning of any constitutional or statutory debt limitation or restriction.
(d) No member, officer, agent or employee of the Commission, nor any
other person who executes interim notes, shall be liable personally thereon
by reason of the issuance thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(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, and a further dislocation allowance of
$500.
(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,
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, 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.
(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. 95-614, eff. 9-11-07.)
(50 ILCS 20/14.3)
Sec. 14.3. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(50 ILCS 20/15) (from Ch. 85, par. 1045)
Sec. 15.
Whenever and as often as the Board of Commissioners determines to
issue bonds as provided in this Act, it shall adopt a resolution describing
the area to be acquired, the nature of the improvements thereon, the
disposition to be made of such improvements and a description of any new
buildings or other facilities to be constructed thereon. Such description
shall not prohibit the Board of Commissioners from making such minor
changes as may be necessary or convenient in the discretion of the Board of
Commissioners.
The resolution shall set out the estimated cost of the project,
including the cost of acquiring the site therefor, determine the period of
usefulness and fix the amount of revenue bonds to be issued, the date or
dates of maturity, the dates on which interest is payable, the sinking fund
provisions and all other details in connection with such bonds. The Board
shall determine and fix the rate of interest of any revenue bonds issued
under this Section, in such resolution or in any supplemental resolution
adopted by the Board prior to the issuance thereof.
The resolution, trust
agreement or other contract entered into with the bondholders may contain
such covenants and restrictions concerning the issuance of additional
revenue bonds thereafter as may be deemed necessary or advisable for the
assurance of the payment of the bonds thereby authorized.
All bonds shall be issued in the name of the Public Building Commission
and have all the qualities and incidents of negotiable instruments under
the laws of this State.
Bonds issued under this Act, whether original issue or issues or
refunding, may be issued as serial or term bonds, shall be of such
denomination or denominations and form, including interest coupons to be
attached thereto, shall be payable at such place or places and bear such
date as the Board of Commissioners shall fix by the resolution authorizing
such bonds and shall mature within a period not to exceed 40 years, and may
be redeemable prior to maturity with or without premium, at the option of
the Board of Commissioners, upon such terms and conditions as the Board of
Commissioners shall fix by the resolution authorizing the issuance of such
bonds. The Board of Commissioners may provide for the registration of such
bonds in the name of the owner as to the principal alone or as to both
principal and interest upon such terms and conditions as the Board of
Commissioners may determine. All bonds issued under this Section by any
Public Building Commission shall be sold at such price that the interest
cost to the Commission of the proceeds of such bonds shall not exceed the
maximum interest rate permitted in “An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein”, approved May 26,
1970, as now or hereafter amended, payable semi-annually, computed to
maturity and shall be sold in
such manner and at such time or times as the Board of Commissioners shall
determine.
Bonds issued by a Public Building Commission, and the interest thereon,
shall be payable solely from the revenues derived from the operation,
management or use of the buildings or other facilities acquired or to be
acquired by the Commission, which revenues shall include payments received
under any leases or other contracts for the use of the facilities,
buildings or space therein. All bonds shall recite in the body thereof that
the principal and interest thereon are payable solely from the revenues
pledged to pay such bonds and shall state on their face that it is not an
indebtedness of the Commission or a claim against the property of such
Commission.
The bonds shall be executed in the name of the Commission by the
Chairman of the Board of Commissioners or by such other officer of the
Commission as the Board, by resolution, may direct, and be attested by the
Secretary, or by such other officer of the Commission as the Board, by
resolution, may direct, and shall be sealed with the Commission’s corporate
seal. The interest coupons attached to such bonds shall be executed by the
facsimile signatures of the persons who shall execute the bonds. The
Chairman and Secretary or other officers of the Commission executing the
bonds shall adopt for their own signatures, their respective facsimile
signatures appearing on such coupons. In case any officer whose signature
appears on the bonds or coupons shall cease to be such officer before
delivery of such bonds, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in
office until such delivery.
In its discretion, the Public Building Commission may, from time to
time, as often as it may deem to be advantageous, issue refunding bonds to
refund its bonds prior to their maturity, refund its outstanding matured
bonds, refund matured coupons evidencing interest upon its outstanding
bonds, refund interest at the coupon rate upon its outstanding matured
bonds that has accrued since the maturity thereof, and refund its bonds
which by their terms are subject to call or redemption before maturity. All
bonds redeemed or purchased in accordance with this Act shall forthwith be
cancelled and shall not be used again.
To secure the payment of any or all revenue bonds and for the purpose of
setting forth the covenants and undertakings of the Commission in
connection with the issuance of revenue bonds and the issuance of any
additional revenue bonds payable from such revenue income to be derived
from the operation, management or use of the buildings or other facilities
acquired or to be acquired by the Commission, the Commission may execute
and deliver a trust agreement or agreements except that no lien upon any
physical property of the Commission shall be created thereby.
The proceeds from the sale of bonds under this Section shall be paid to
the Treasurer of the Public Building Commission or, in the event that a
trust agreement is executed and delivered by the Commission, then and in
such event, the proceeds from the sale of bonds under this Section shall be
paid to the trustee or trustees specified in any such trust agreement. If
the proceeds from the sale of the bonds issued under this Section exceed
the cost of the project, the Public Building Commission shall place such
excess funds in the sinking fund created for making payment of principal or
interest of such bonds as the same matures or for the purchase of
outstanding bonds at such times and in such manner as may be provided in
the resolution authorizing the issuance of such bonds, or in any trust
agreement or contract entered into with the bondholders.
The resolution shall provide for the creation of a sinking fund account
into which shall be payable from the revenues of such project, from month
to month as such revenues are collected, such sums in excess of the cost of
maintenance and operation of the project and the costs of administration of
the Commission, as will be sufficient to comply with the covenants of the
bond resolution and sufficient to pay the accruing interest and retire the
bonds at maturity. The Board of Commissioners, in such resolution, may
provide for such other accounts as it may deem necessary for the sale of
the bonds. The monies in such accounts shall be applied in the manner
provided by the resolution, the trust agreement or other contract with the
bondholders.
No bond issued under this Act shall constitute a debt of the Commission
or of any public body within the meaning of any statutory or constitutional
limitation as to debt.
From and after the issuance of bonds as provided in this Section it
shall be the duty of the Board of Commissioners to establish and fix rates,
rentals, fees and charges for the use of any and all buildings or space
therein or other facilities owned and operated by the Commission,
sufficient at all times to pay maintenance and operation costs and to pay
the accruing interest and retire the bonds at maturity and to make all
payments to all accounts created by any bond resolution and to comply with
all covenants of any bond resolution.
(Source: P.A. 82-902.)
(50 ILCS 20/16) (from Ch. 85, par. 1046)
Sec. 16.
Any trust agreement or agreements entered into with or for the
benefit of the bondholders may prescribe by whom or on whose behalf action
may be taken by the bondholders, and in the absence of any such provision
in the trust agreement or agreements, any holder of a bond or bonds, or of
any of the coupons of any bond or bonds, issued under the provisions of
this Act, subject only to a contractual restriction binding upon any such
bondholder or holders, may:
(a) By mandamus, injunction or other civil action, compel the Commission, and the
member or members, officers, agents or employees thereof, to perform each
and every term, provision and covenant contained in any resolution, trust
agreement or contract with or for the benefit of such bondholder, and to
require the carrying out of any or all such covenants and agreements of the
Commission and the fulfillment of all duties imposed upon the Commission by
this Act.
(b) By civil action, sue to enjoin any acts or things which may be
unlawful, or in violation of any of the rights of the bondholder.
(Source: P.A. 83-345.)
(50 ILCS 20/16.1) (from Ch. 85, par. 1046.1)
Sec. 16.1.
The total amount of outstanding bonds issued by any Public
Building Commission of any municipality or county with a population of less
than 1,000,000 inhabitants shall not exceed 5% of the total assessed value
of taxable property in the municipality or the county as the case may be,
except as authorized by a referendum held in the municipality or the county
as the case may be.
(Source: P.A. 80-749.)
(50 ILCS 20/17) (from Ch. 85, par. 1047)
Sec. 17.
The State and all counties, cities, villages, incorporated towns
and other municipal corporations, political subdivisions and public bodies,
and public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on a
banking business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, monies or other funds belonging to them or within
their control in any revenue bonds issued pursuant to this Act, it being
the purpose of this section to authorize the investment in such revenue
bonds of all sinking, insurance, retirement, compensation, pension and
trust funds, whether owned or controlled by private or public persons or
officers.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/18) (from Ch. 85, par. 1048)
Sec. 18.
Whenever, and as often as, a municipal corporation having
taxing power enters into a lease with a Public Building Commission, the
governing body of such municipal corporation shall provide by ordinance
or resolution, as the case may be, for the levy and collection of a
direct annual tax sufficient to pay the annual rent payable under such
lease as and when it becomes due and payable. A certified copy of the
lease of such municipal corporation and a certified copy of the tax
levying ordinance or resolution, as the case may be, of such municipal
corporation shall be filed in the office of the county clerk in each
county in which any portion of the territory of such municipal
corporation is situated, which certified copies shall constitute the
authority for the county clerk or clerks, in each case, to extend the
taxes annually necessary to pay the annual rent payable under such lease
as and when it becomes due and payable.
No taxes shall be extended for any lease entered into after the effective
date of this amendatory Act of 1993, however, until after a public hearing on
the lease. The clerk or secretary of the governing body of the municipal
corporation shall cause notice of the time and place of the hearing to be
published at least once, at least 15 days before the hearing, in a newspaper
published or having general circulation within the municipal corporation. If no
such newspaper exists, the clerk or secretary shall cause the notice to be
posted, at least 15 days before the hearing, in at least 10 conspicuous places
within the municipal corporation. The notice shall be in the following form:
NOTICE OF PUBLIC HEARING ON LEASE between (name of the
municipal corporation) and (name of the public building commission).
A public hearing regarding a lease between (name of the municipal
corporation) and (name of the public building commission) will be held by (name
of the governing body of the municipal corporation) on (date) at (time) at
(location). The largest yearly rental payment set forth in the lease is ($
amount). The maximum length of the lease is (years).
The purpose of the lease is (explain in 25 words or less).
Dated (insert date).
By Order of (name of the governing body
of the Municipal Corporation)
/s/…………
Clerk or Secretary
At the hearing, all persons residing or owning
property in the municipal corporation shall have an
opportunity to be heard orally,
in writing, or both.
Upon the filing of the certified copies of the lease and
the tax levying ordinance or resolution in the office of the county clerk
or clerks of the proper county or counties, it shall be the duty
of such county clerk or clerks to ascertain the rate per cent which,
upon the value of all property subject to taxation within the municipal
corporation, as that property is assessed or equalized by the Department
of Revenue, will produce a net amount of not less than
the amount of the annual rent reserved in such lease. The county clerk
or clerks shall thereupon, and thereafter annually during the term of
the lease, extend taxes against all of the taxable property contained in
that municipal corporation sufficient to pay the annual rental reserved
in such lease. Such tax shall be levied and collected in like manner
with the other taxes of such municipal corporation and shall be in
addition to all other taxes now or hereafter authorized to be levied by
that municipal corporation. This tax shall not be included within any
statutory limitation of rate or amount for that municipal corporation
but shall be excluded therefrom and be in addition thereto and in excess
thereof. The fund realized from such tax levy shall be set aside for the
payment of the annual rent and shall not be disbursed for any other
purpose until the annual rental has been paid in full. This Section
shall not be construed to limit the power of the Commission to enter
into leases with any municipal corporation whether or not the municipal
corporation has the power of taxation.
(Source: P.A. 92-16, eff. 6-28-01.)
(50 ILCS 20/19) (from Ch. 85, par. 1049)
Sec. 19.
Any contract let for the construction, repair, alteration, or
improvement of any building or buildings, the demolition thereof, or
removal of debris resulting therefrom, or any other contract let for any
other type of construction or repair work, shall contain provisions
requiring the contractor or other person, firm or corporation undertaking
such work to give bond in such amount and with such surety, conditioned for
the faithful performance of the contract as the Board of Commissioners may
determine. The Board of Commissioners shall also require such contractor or
other persons, firm or corporation to furnish insurance of a character and
amount to be determined by the Board of Commissioners, protecting the
Commission, its Commissioners, officers, agents, and employees, against any
claims for personal injuries (including death) and property damage that may
be asserted because of the doing of the work.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/19.1)
Sec. 19.1.
Public Building Commission in municipality over 500,000. On or
before December 1, 1995 and on or before the first day of May and first day of
December of each subsequent calendar year, the Public Building Commission
created and organized under this Act in and for a municipality with over
500,000 population shall prepare and file with the General Assembly, the board
of education of the school district located in that municipality, and the local
school council of each attendance center in that school district for which
there is pending or under construction but not completed a project for the
construction, renovation, or rehabilitation of a
school building or other school facility that is to be used by that attendance
center, a status report that sets forth: (1) the date when work on the project
began, (2) whether work on the project at the time the report is filed is
progressing ahead of, on, or behind the schedule established for work on the
project to be performed, (3) the projected completion date of the project, and
(4) whether the labor and materials furnished for the project as of the time
the report is filed were furnished at the project cost budgeted for such labor
and materials, and if not, the amount by which the labor and materials so
furnished exceed or are less than the project cost budgeted for such labor and
materials.
(Source: P.A. 95-331, eff. 8-21-07.)
(50 ILCS 20/20) (from Ch. 85, par. 1050)
Sec. 20. Contracts let to lowest responsible bidder; competitive bidding; advertisement for bids; design-build contracts.
(a) 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, shall be awarded as a design-build contract in accordance with Sections 20.3 through 20.20 or shall be let to the lowest
responsible bidder, or bidders, on open competitive bidding.
(b) A contract awarded on the basis of competitive bidding shall be awarded 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. No bids shall be received at any time
subsequent to the time indicated in said advertisement.
(c) In addition to the requirements of Section 20.3, the Commission shall advertise a design-build solicitation at least once in a daily newspaper of general circulation in the county where the Commission is located. The date that Phase I submissions by design-build entities are due must be at least 14 calendar days after the date the newspaper advertisement for design-build proposals is first published. The advertisement shall identify the design-build project, the due date, the place and time for Phase I submissions, and the place where proposers can obtain a complete copy of the request for design-build proposals, including the criteria for evaluation and the scope and performance criteria. The Commission is not precluded from using other media or from placing advertisements in addition to the one required under this subsection.
(d) The Board of
Commissioners may reject any and all bids and proposals received and may readvertise for
bids or issue a new request for design-build proposals.
(e) 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. 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.
(f) In case any work shall be abandoned by
any contractor or design-build entity, 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 or design-build entity for such work and all such sub-contractors shall be
bound by such adoption if made; and the Commission shall, in the manner
provided in this Act, readvertise and relet, or request proposals and award design-build contracts for, the work specified in the original
contract exclusive of so much thereof as shall be accepted. Every contract
when made and entered into, as provided in this Section or Section 20.20, shall be executed, held by the Commission, and filed
in
its records, and one copy of which shall be given to the contractor or design-build entity.
(g) The provisions of this Section with respect to design-build shall have no effect beginning on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective. The actions of any person or entity taken on or after June 1, 2013 and before the effective date of this amendatory Act of the 98th General Assembly in reliance on the provisions of this Section with respect to design-build continuing to be effective are hereby validated.
(Source: P.A. 100-736, eff. 1-1-19.)
(50 ILCS 20/20.3)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.3. Solicitation of design-build proposals.
(a) When the Commission elects to use the design-build delivery
method, it must
issue a notice of intent to receive proposals for the project at
least 14 days before issuing the request for the proposal. The Commission
must publish the advance notice in a daily newspaper of general circulation in the county where the Commission is located. The
Commission is encouraged to use publication of the notice in related construction
industry service publications. A brief description of the proposed procurement
must be included in the notice. The Commission must provide a
copy of the
request for proposal to any party requesting a copy.
(b) The request for proposal shall be prepared for each project and must
contain, without limitation, the following information:
- (1) The name of the Commission.
- (2) A preliminary schedule for the completion of the contract.
- (3) The proposed budget for the project, the source of funds, and the currently available funds at the time the request for proposal is submitted.
- (4) Prequalification criteria for design-build entities wishing to submit proposals. The Commission shall include, at a minimum, its normal prequalification, licensing, registration, and other requirements, but nothing contained herein precludes the use of additional prequalification criteria by the Commission.
- (5) Material requirements of the contract, including but not limited to, the proposed terms and conditions, required performance and payment bonds, insurance, and the entity’s plan to comply with the utilization goals established by the corporate authorities of the Commission for minority and women business enterprises and to comply with Section 2-105 of the Illinois Human Rights Act.
- (6) The performance criteria.
- (7) The evaluation criteria for each phase of the solicitation.
- (8) The number of entities that will be considered for the technical and cost evaluation phase.
(c) The Commission may include any other relevant information
that it
chooses to supply. The design-build entity shall be entitled to rely upon the
accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after
the date of the issuance of the request for proposal. In the event the cost of
the project
is estimated to exceed $12,000,000, then the proposal due date must be at least
28 calendar days after the date of the issuance of the request for proposal.
The Commission shall include in the request for proposal a
minimum of 30 days
to develop the Phase II submissions after the selection of entities
from the Phase I evaluation is completed.
(e) This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.4)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.4. Development of design-build scope and performance criteria.
(a) The Commission shall develop, with the assistance of a
licensed design professional, a request
for proposal, which shall include scope and performance criteria.
The scope and performance criteria must be in sufficient detail and contain
adequate information to reasonably apprise the qualified design-build entities
of the Commission’s overall programmatic needs and goals,
including criteria and preliminary design plans,
general budget parameters, schedule, and delivery requirements.
(b) Each request for proposal shall also include a description of the level
of design to be provided in the proposals. This description must include the
scope and type of renderings, drawings, and specifications that, at a minimum,
will be required by the Commission to be produced by the
design-build entities.
(c) The scope and performance criteria shall be prepared by a design
professional who is an employee of the Commission, or the Commission may
contract with an independent design professional selected under the
Local Government Professional Services Selection Act (50 ILCS 510/) to provide these services.
(d) The design professional that prepares the scope and performance criteria
is prohibited from participating in any design-build entity proposal for the
project.
(e) This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.5)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.5. Procedures for design-build selection.
(a) The Commission must use a two-phase procedure for the
selection of the
successful design-build entity. Phase I of the procedure will evaluate and
shortlist the design-build entities based on qualifications, and Phase II
will
evaluate the technical and cost proposals.
(b) The Commission shall include in the request for proposal
the
evaluating factors to be used in Phase I. These factors are in addition to any
prequalification requirements of design-build entities that the Commission has set
forth. Each request for proposal shall establish the relative importance
assigned to each evaluation factor and subfactor, including any weighting of
criteria to be employed by the Commission. The Commission must maintain a
record of the evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The Commission shall include the following criteria in every
Phase I
evaluation of design-build entities: (1) experience of personnel; (2)
successful
experience with similar project types; (3) financial capability; (4) timeliness
of past performance; (5) experience with similarly sized projects; (6)
successful reference checks of the firm; (7) commitment to assign personnel
for the duration of the project and qualifications of the entity’s consultants; and (8) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for minority and women business enterprises established by the corporate authorities of the Commission and in complying with Section 2-105 of the Illinois Human Rights Act. The Commission may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.
The Commission may not consider any design-build entity for
evaluation or
award if the entity has any pecuniary interest in the project or has other
relationships or circumstances, including but not limited to, long-term
leasehold, mutual performance, or development contracts with the Commission,
that may give the design-build entity a financial or tangible advantage over
other design-build entities in the preparation, evaluation, or performance of
the
design-build contract or that create the appearance of impropriety. No design-build proposal shall be considered that does not include an entity’s plan to comply with the requirements established in the minority and women business enterprises and economically disadvantaged firms established by the corporate authorities of the Commission and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the Commission shall
create a shortlist of the most highly qualified design-build entities. The
Commission, in its discretion, is not required to shortlist the
maximum number of
entities as identified for Phase II evaluation, provided however, no less than
2
design-build entities nor more than 6 are selected to submit Phase II
proposals.
The Commission shall notify the entities selected for the
shortlist in
writing. This notification shall commence the period for the preparation of the
Phase II technical and cost evaluations. The Commission must
allow sufficient
time for the shortlist entities to prepare their Phase II submittals
considering
the scope and detail requested by the Commission.
(c) The Commission shall include in the request for proposal
the
evaluating factors to be used in the technical and cost submission components
of Phase II. Each request for proposal shall establish, for both the technical
and cost submission components of Phase II, the relative importance assigned to
each evaluation factor and subfactor, including any weighting of criteria to be
employed by the Commission. The Commission must
maintain a record of the
evaluation scoring to be disclosed in event of a protest regarding the
solicitation.
The Commission shall include the following criteria in every
Phase II
technical evaluation of design-build entities: (1) compliance with objectives
of
the
project; (2) compliance of proposed services to the request for proposal
requirements; (3) quality of products or materials proposed; (4) quality of
design parameters; (5) design concepts; (6) innovation in meeting the scope and
performance criteria; and (7) constructability of the
proposed project. The Commission may include any additional
relevant
technical evaluation factors it deems necessary for proper selection.
The Commission shall include the following criteria in every
Phase II cost
evaluation: the guaranteed maximum project cost and the time of
completion. The Commission may include any additional relevant
technical
evaluation factors it deems necessary for proper selection. The guaranteed maximum project cost criteria weighing factor shall not exceed 30%.
The Commission shall directly employ or retain a licensed
design
professional to evaluate the technical and cost submissions to determine if the
technical submissions are in accordance with generally
accepted industry standards.
Upon completion of the technical submissions and cost submissions evaluation,
the Commission may award the design-build contract to the
highest
overall ranked entity.
(d) This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.10)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.10. Small design-build projects. In any case where the total overall cost of the
project is estimated to be less than $12,000,000, the Commission
may combine
the two-phase procedure for design-build selection described in Section 20.5 into one combined
step, provided that all the requirements of evaluation are performed in
accordance with Section 20.5.
This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.15)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.15. Submission of design-build proposals. Design-build proposals must be properly identified
and sealed. Proposals may not be reviewed until after the deadline for
submission has passed as set forth in the request for proposals. All
design-build entities submitting proposals shall be disclosed after the
deadline
for submission, and all design-build entities who are selected for Phase II
evaluation shall also be disclosed at the time of that determination.
Phase II design-build proposals shall include a bid bond in the form and security as designated in
the request for proposals. Proposals shall also contain a separate sealed
envelope with the cost information within the overall proposal submission.
Proposals shall include a list of all design professionals and other entities
to which any work identified in Section 30-30 of the Illinois Procurement Code as a subdivision of construction work may be subcontracted during the performance of the contract.
Proposals must meet all material requirements of the request for proposal or
they may be rejected as non-responsive. The Commission shall
have the right
to reject any and all proposals.
The drawings and specifications of any unsuccessful design-build proposal shall remain the property of
the design-build entity.
The Commission shall review the proposals for compliance with
the
performance criteria and evaluation factors.
Proposals may be withdrawn prior to the due date and time for submissions for any cause. After
evaluation begins by the Commission, clear and convincing
evidence of error
is required for withdrawal.
This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.20)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.20. Design-build award. The Commission may award a design-build contract to
the highest
overall ranked entity. Notice of award shall be made in writing. Unsuccessful
entities shall also be notified in writing. The Commission may
not request a
best and final offer after the receipt of proposals. The Commission may
negotiate with the selected design-build entity after award but prior to
contract
execution for the purpose of securing better terms than originally proposed,
provided that the salient features of the request for proposal are not
diminished.
This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/20.25)
(Section scheduled to be repealed on June 1, 2023)
Sec. 20.25. Minority and female owned enterprises; total construction budget.
(a) Each year, within 60 days following the end of a commission’s fiscal year, the commission shall provide a report to the General Assembly addressing the utilization of minority and female owned business enterprises on design-build projects.
(b) The payments for design-build projects by any commission in one fiscal year shall not exceed 50% of the moneys spent on construction projects during the same fiscal year.
(c) This Section is repealed on June 1, 2023; provided that any design-build contracts entered into before such date or any procurement of a project under this Act commenced before such date, and the contracts resulting from those procurements, shall remain effective.
(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/21) (from Ch. 85, par. 1051)
Sec. 21.
All leases, contracts, deeds of conveyance, or instruments in
writing executed by the Commission, shall be executed in the name of the
Commission by the Chairman and Secretary of the Commission, or by such
other officers as the Board of Commissioners, by resolution, may direct,
and the seal of the Authority shall be affixed thereto.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/22) (from Ch. 85, par. 1052)
Sec. 22.
All property of the Public Building Commission shall be exempt
from taxation by the State or any taxing unit therein.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/22.1) (from Ch. 85, par. 1052.1)
Sec. 22.1.
(a) Any Public Building Commission which has not issued any
bonds, has no indebtedness, and has no operational leases may
be
dissolved upon the filing, by the
presiding officer of the municipality, county seat or county board which
organized such Commission, in the office of the recorder a copy
of a resolution adopted by the governing body of such municipality,
county seat or county board approving such dissolution.
(b) Any Public Building Commission which has fulfilled the purpose for
which it was created, and all bonds issued by it and all of its contractual
obligations except personnel contracts have been paid, may be dissolved,
upon the filing by the presiding officer of the municipality, county seat
or county board which organized such Commission, in the office of the recorder,
a copy of a resolution adopted by the governing body of such municipality,
county seat or county
board approving such dissolution. Upon the dissolution of such Commission
pursuant to this subsection, the Treasurer of the Commission shall cause
all remaining funds under his control to be transferred to the Treasurer
of the municipality, county seat or county which organized the Commission.
(Source: P.A. 90-517, eff. 8-22-97.)
(50 ILCS 20/23) (from Ch. 85, par. 1053)
Sec. 23.
The provisions of this Act and the applications thereof to any
person or circumstance are declared to be severable.
If any section, clause, sentence, paragraph, part or provision of this
Act shall be held to be invalid by any Court, it shall be conclusively
presumed that the remaining portions of this Act would have been passed by
the Legislature without such invalid section, clause, sentence, paragraph,
part or provision.
If the application of any section, clause, sentence, paragraph, part or
provision of this Act to any person or circumstance is held invalid, such
invalidity shall not affect the application thereof to other persons or
circumstances.
(Source: Laws 1955, p. 905.)
(50 ILCS 20/23.5)
Sec. 23.5. Continuation of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act; validation.
(a) The General Assembly finds and declares that:
- (1) When Public Act 95-595 (effective June 1, 2008) amended the Public Building Commission Act, it provided repeal dates for Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act of 5 years after the effective date of Public Act 95-595 (June 1, 2013).
- (2) Senate Bill 2233 of the 98th General Assembly contained provisions that would have changed the repeal dates of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act from 5 years after the effective date of Public Act 95-595 to June 1, 2018. Senate Bill 2233 passed both houses on May 31, 2013. Senate Bill 2233 provided that it took effect upon becoming law. Senate Bill 2233 was sent to the Governor on June 10, 2013. Senate Bill 2233 was approved by the Governor on August 9, 2013. Senate Bill 2233 became Public Act 98-299.
- (3) The Statute on Statutes sets forth general rules on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be “inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute”.
- (4) The actions of the General Assembly clearly manifest the intention of the General Assembly to extend the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act and have those Sections continue in effect.
- (5) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act were originally enacted to protect, promote, and preserve the general welfare. Any construction of this Act that results in the repeal of those Sections on June 1, 2013 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of this Act.
(b) It is hereby declared to have been the intent of the
General Assembly, in enacting Public Act 98-299, that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act be changed to make June 1, 2018 the repeal date of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act, and that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act therefore not be subject to repeal on June 1, 2013.
(c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act shall be
deemed to have been in continuous effect since June 1, 2008
(the effective date of Public Act 95-595), and shall
continue to be in effect henceforward. All previously enacted amendments to this Act
taking effect on or after June 1, 2013 are hereby
validated.
(d) All actions taken in reliance on or pursuant to Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act by the Public Building Commission or any other person or entity are hereby validated.
(e) In order to ensure the continuing effectiveness of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act, those Sections are set forth in
full and reenacted by this amendatory Act of the 98th General
Assembly. This reenactment is intended as a continuation of
those Sections. It is not intended to supersede any amendment to the
Act that is enacted by the 98th General Assembly.
(f) In this amendatory Act of the 98th General Assembly, the base text of the reenacted Sections is set forth as amended by Public Act 98-299. Striking and underscoring is used only to show changes being made to the base text. In this instance, no underscoring or striking is shown in the base text because no additional changes are being made.
(g) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act apply
to all claims, civil actions, and proceedings pending on or
filed on or before the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 100-736, eff. 1-1-19.)
(50 ILCS 20/23.6)
Sec. 23.6. Continuation of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25; validation under this amendatory Act of the 101st General Assembly.
(a) The General Assembly finds and declares all of the following:
- (1) Public Act 100-736, which took effect on January 1, 2019, changed the repeal dates of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act from June 1, 2018 to June 1, 2023.
- (2) The Statute on Statutes sets forth general rules on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be “inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute”.
- (3) This amendatory Act of the 101st General Assembly manifests the intention of the General Assembly to extend the repeal of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act and have those Sections continue in effect until they are otherwise lawfully repealed.
- (4) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act were originally enacted to protect, promote, and preserve the general welfare. Any construction of this Act that results in the repeal of those Sections on June 1, 2018 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of this Act.
(b) It is declared to have been the intent of the General Assembly that Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act not be subject to repeal on June 1, 2018.
(c) Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act shall be deemed to have been in continuous effect since June 1, 2018, and they shall continue to be in effect until they are otherwise lawfully repealed. All previously enacted amendments to those Sections taking effect on or after June 1, 2018 are validated. All actions taken in reliance on or under those Sections by any person or entity are validated.
(d) In order to ensure the continuing effectiveness of Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15, 20.20, and 20.25 of this Act, those Sections are set forth in full and reenacted by this amendatory Act of the 101st General Assembly. Striking and underscoring are used only to show changes being made to the base text. This reenactment is intended as a continuation of those Sections. It is not intended to supersede any amendment to those Sections that is enacted by the 101st General Assembly. This reenactment applies
to all claims, civil actions, and proceedings pending on or
filed on or before the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-479, eff. 8-23-19.)
(50 ILCS 20/24) (from Ch. 85, par. 1054)
Sec. 24.
This Act being necessary for or desirable for and intended
to secure the public convenience and welfare, the provisions of this Act
shall be liberally construed to give effect to the provisions hereof.
(Source: Laws 1955, p. 905.)