(110 ILCS 805/Art. V heading) ARTICLE V.
BUILDING PROGRAMS
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(110 ILCS 805/5-1) (from Ch. 122, par. 105-1)
Sec. 5-1.
Application; State funds.
(a) This Article does not apply to community college energy conservation
measures and guaranteed energy saving contracts undertaken, implemented, or
entered into under Article V-A.
(b) Upon compliance with the provisions of this Article, any
community college may receive and expend funds for building purposes
under the direction of the State Board pursuant to the provisions of the
Capital Development Bond Act of 1972 and the
Capital Development Board Act.
(Source: P.A. 88-173.)
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(110 ILCS 805/5-2) (from Ch. 122, par. 105-2)
Sec. 5-2.
As used in this Article, unless the context otherwise requires;
"Building purposes" means the preparation of preliminary drawings and
sketches, working drawings and specifications, erection, building
acquiring, altering, improving or expanding college facilities, including
the acquisition of land therefor, and the inspection and supervision
thereof, to be used exclusively for community colleges.
"Facilities" means classroom buildings and equipment, related structures
and utilities necessary or appropriate for the uses of a community college,
but not including land or buildings intended primarily for staff housing,
dormitories, or for athletic exhibitions, contests or games for which
admission charges are to be made to the general public.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-3) (from Ch. 122, par. 105-3)
Sec. 5-3.
Community college districts desiring to participate in the program
authorized in Section 5-1 of this Act shall make a written application to
the State Board on forms provided by such Board. The State Board may
require the following information:
(a) Description of present facilities and those | ||
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(b) Present community college enrollment.
(c) (Blank).
(d) Outline of community college curricula, including | ||
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(e) District financial report including financing | ||
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(f) Facts showing adequate standards for the physical | ||
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(g) Survey of the existing community college or | ||
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(h) Such other information as the State Board may | ||
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(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-4) (from Ch. 122, par. 105-4)
Sec. 5-4.
Any community college district desiring to participate in the program
for new academic facilities shall file an application with
the State Board prior to such dates as are designated by the State Board.
The State Board in providing priorities if such are needed because of
limited funds shall be regulated by objective criteria which shall be such
as will tend best to achieve the objectives of this Article, while leaving
opportunity and flexibility for the development of standards and methods
that will best accommodate the varied needs of the community colleges in
the State. Basic criteria shall give special consideration to the expansion
of enrollment capacity and shall include consideration of the degree to
which the applicant districts effectively utilize existing facilities and
which allow the Board, for priority purposes, to provide for the grouping
in a reasonable manner, the application for facilities according to
functional or educational type.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-5) (from Ch. 122, par. 105-5)
Sec. 5-5.
The State Board shall make a study of the need for the community college
facilities proposed, the ability of the community college district to
finance 25% of the project and any other matters which the State Board
deems necessary. If the State Board determines that the conditions and
needs for facilities justify the project as set forth in the application,
the plan shall be approved.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-6) (from Ch. 122, par. 105-6)
Sec. 5-6.
Any community college district may, as a part of its 25%
contribution for building purposes, contribute real property situated within
the geographical boundaries of such community college district at market value
as determined at the time the contribution is made to the Capital Development
Board in accordance with the program and budget, the plan as approved by
the State Board by 3 licensed appraisers,
except that where a community college district has acquired
such lands without cost or for a consideration substantially less
than the market value thereof at the time of acquisition, the amount
of the community college district's contribution for the land shall
be limited (a) to the difference, if any, between the appraised market
value at the time of acquisition and the appraised market value
at the time the contribution is made to the Capital Development
Board, if the grantor is the Federal government, (except that no property
acquired prior to December 18, 1975 shall
be affected by the provisions of this Section), or any department,
agency, board or commission thereof or (b) to the actual amount, if
any, of the consideration paid for the land if the grantor is the
State of Illinois or any department, agency, board or commission thereof.
In the event the highest appraisal exceeds the average of the
other two appraisals by more than 10%, such appraisal shall not be
considered in determining the market value of the land and a new
appraiser shall be appointed by the State Board, who shall re-appraise
the land. The re-appraisal shall then become the third appraisal as
required by this Section. The cost of the appraisement shall be
paid by the community college district.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-7) (from Ch. 122, par. 105-7)
Sec. 5-7. Transfer of funds or designation of real property. As part of
entering into an agreement with the
Capital Development Board, the community college board shall transfer to
the Capital Development Board funds or designate for building
purposes any real property
it may own, either improved or unimproved, situated within the geographical
boundaries of such community college district, or both, in an amount equal
to at least 25% of the total amount necessary to finance the project,
except that no real property may be so designated, unless prior
to its acquisition by the community college district after December 18,
1975 the Capital Development Board has had an
opportunity to evaluate the land and issue a report concerning its
suitability for construction purposes. Of the total funds transferred from the community college board to the Capital Development Board, an amount equal to 40% of each of the fees under an architect or engineer contract, including any reimbursable items under the contract to cover contractual obligations through the design development phase of the project, shall be transferred prior to the signing of the contract. Prior to approval to proceed beyond the design development stage or to advertising the first bid package of a phased-bid project, whichever comes first, the community college board shall transfer funds to the Capital Development Board in an amount equal to the balance of the local share of the total project cost. For the purposes of this Section,
the proceeds derived from the sale of bonds as provided in this Act, any
lands designated as all or part of the 25% contribution by the community
college district or any other money available to the community college for
building purposes may be used.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-8) (from Ch. 122, par. 105-8)
Sec. 5-8.
(Repealed).
(Source: P.A. 78-669; 78-1297. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-9) (from Ch. 122, par. 105-9)
Sec. 5-9.
The community college district may finance 25% or more of the
project by issuing bonds in the manner provided in Article IIIA. The community
college board is authorized to transfer to the Capital Development Board
to supplement the financing by the Capital Development Board responsive
to the "Capital Development Bond Act of 1972", as now or hereafter amended,
and the "Capital Development Board Act", as now or hereafter amended, such
monies as are necessary to finance at least 25% of the project. In addition
any community college district may designate for building purposes any
property it may own, either real or personal, situated within the geographical
boundaries of such community college district, as part of its contribution
necessary to finance at least 25% of the project. The obligation of property
and money may be made for any project authorized by law to be undertaken
by the Capital Development Board responsive to a declaration of such project
being in the public interest by the General Assembly for any of the purposes
approved by the State Board.
(Source: P.A. 81-1509.)
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(110 ILCS 805/5-10) (from Ch. 122, par. 105-10)
Sec. 5-10.
The community college district shall make written reports on the
progress and completion of the project as required by the State Board.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
Sec. 5-11.
Any public community college which subsequent to July 1,
1972 but before July 1, 2016, commenced construction of any facilities approved by the State Board
and the Illinois Board of Higher Education may, after completion thereof,
apply to the State for a grant for expenditures made by the community college
from its own funds for building purposes for such facilities in excess of
25% of the cost of such facilities as approved by the State Board and the
Illinois Board of Higher Education. Any public community college that, on or after July 1, 2016, commenced construction of any facilities approved by the State Board may, after completion thereof,
apply to the State for a grant for expenditures made by the community college
from its own funds for building purposes for such facilities in excess of
25% of the cost of such facilities as approved by the State Board. A grant shall be contingent upon
said community college having otherwise complied with Sections 5-3, 5-4,
5-5 and 5-10 of this Act.
If any payments or contributions of any kind which are based upon, or
are to be applied to, the cost of such construction are received from the
Federal government, or an agency thereof, subsequent to receipt of the grant
herein provided, the amount of such subsequent payment or contributions shall be
paid over to the Capital Development Board by the community college for deposit in the
Capital Development Bond Interest and Retirement Fund.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/5-12) (from Ch. 122, par. 105-12)
Sec. 5-12.
In the event the Capital Development Board determines that
a facility previously provided for a community college under this Article
was defectively designed or constructed, the cost of any necessary corrective
work shall be fully funded by monies appropriated pursuant to the Capital
Development Bond Act of 1972, as now or hereafter amended. In such an instance,
the community college shall not be required to provide any portion of the
cost of the corrective work.
Should a community college district recover damages against any party responsible
for the defective design or construction of a community college facility,
the community college district shall reimburse the State of Illinois for
any funds provided by the State to correct building defects.
No provision of this Section shall preclude or delay litigation by a community
college district to recover damages for such defective design or construction
from the party or parties responsible for same.
(Source: P.A. 81-994.)
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