State of Illinois
90th General Assembly
Legislation

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90_HB0855

      110 ILCS 305/7            from Ch. 144, par. 28
          Amends the University of  Illinois  Act.   Provides  that
      persons  who  contract  with  the  University  of Illinois to
      acquire from the University and develop  land  and  buildings
      which the University acquired by purchase, lease, or exercise
      of  the  power  of  eminent  domain  in an area located on or
      adjacent to the University's Chicago campus shall pay  1%  of
      the  equalized assessed value of the land or buildings to the
      University.  Requires the University to retain those  amounts
      in  its  own treasury in a separate account designated as the
      Relocation Assistance Account.  Requires  the  University  to
      develop  and  implement  a  relocation  assistance  plan  for
      businesses   and   residential   and  other  property  owners
      displaced as a result of the University's acquisition and the
      development of the area in which the displaced businesses and
      residential and other property owners were located.  Requires
      use of amounts in the Relocation Assistance Account solely to
      implement  the  relocation  plan,  under   which   substitute
      property  within  one  mile  of  the displacement area may be
      acquired by the Board of Trustees  for  the  benefit  of  the
      displaced   businesses   and   property   owners.   Effective
      immediately.
                                                     LRB9003951THpk
                                               LRB9003951THpk
 1        AN ACT  to  amend  the  University  of  Illinois  Act  by
 2    changing Section 7.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The University of Illinois Act is amended  by
 6    changing Section 7 as follows:
 7        (110 ILCS 305/7) (from Ch. 144, par. 28)
 8        Sec. 7.  Powers of trustees.
 9        (a)  The  trustees  shall  have  power to provide for the
10    requisite buildings, apparatus, and conveniences; to fix  the
11    rates   for   tuition;   to   appoint   such  professors  and
12    instructors, and to establish and provide for the  management
13    of  such  model  farms,  model art, and other departments and
14    professorships, as may be required  to  teach,  in  the  most
15    thorough  manner, such branches of learning as are related to
16    agriculture and the  mechanic  arts,  and  military  tactics,
17    without excluding other scientific and classical studies. The
18    trustees  shall,  upon  the  written  request  of an employee
19    withhold from the compensation of  that  employee  any  dues,
20    payments  or  contributions  payable  by such employee to any
21    labor organization as defined  in  the  Illinois  Educational
22    Labor Relations Act.  Under such arrangement, an amount shall
23    be  withheld  from each regular payroll period which is equal
24    to the pro rata share of the annual dues plus any payments or
25    contributions,  and  the   trustees   shall   transmit   such
26    withholdings  to  the  specified labor organization within 10
27    working days from the time  of  the  withholding.   They  may
28    accept   the   endowments  and  voluntary  professorships  or
29    departments in the University, from any person or persons  or
30    corporations  who  may  offer  the  same, and, at any regular
31    meeting of the board, may prescribe rules and regulations  in
                            -2-                LRB9003951THpk
 1    relation  to  such  endowments  and  declare  on what general
 2    principles they may be admitted: Provided, that such  special
 3    voluntary   endowments   or   professorships   shall  not  be
 4    incompatible with the true design and scope  of  the  act  of
 5    congress,  or of this Act: Provided, that no student shall at
 6    any time be allowed to remain in or about the  University  in
 7    idleness,  or  without  full mental or industrial occupation:
 8    And provided further, that the trustees, in the  exercise  of
 9    any of the powers conferred by this Act, shall not create any
10    liability or indebtedness in excess of the funds in the hands
11    of  the  treasurer  of the University at the time of creating
12    such liability or indebtedness, and which  may  be  specially
13    and properly applied to the payment of the same. Any lease to
14    the  trustees  of  lands,  buildings or facilities which will
15    support scientific research and development in such areas  as
16    high    technology,    super   computing,   microelectronics,
17    biotechnology, robotics, physics and engineering shall be for
18    a term not to exceed 18 years, and may grant to the  trustees
19    the  option  to  purchase the lands, buildings or facilities.
20    The lease shall recite that it is subject to termination  and
21    cancellation in any year for which the General Assembly fails
22    to  make  an  appropriation to pay the rent payable under the
23    terms of the lease.
24        Leases for the  purposes  described  herein  exceeding  5
25    years shall have the approval of the Illinois Board of Higher
26    Education.
27        The  Board  of  Trustees  may, directly or in cooperation
28    with other  institutions  of  higher  education,  acquire  by
29    purchase  or  lease  or  otherwise,  and  construct, enlarge,
30    improve, equip, complete, operate, control and manage medical
31    research  and  high  technology  parks,  together  with   the
32    necessary   lands,   buildings,   facilities,  equipment  and
33    personal property therefor, to encourage and  facilitate  (a)
34    the  location and development of business and industry in the
                            -3-                LRB9003951THpk
 1    State of Illinois, and  (b)  the  increased  application  and
 2    development   of  technology  and  (c)  the  improvement  and
 3    development of the State's economy. The Board of Trustees may
 4    lease to nonprofit corporations all or any part of the  land,
 5    buildings,  facilities,  equipment or other property included
 6    in a medical research and  high  technology  park  upon  such
 7    terms  and  conditions as the University of Illinois may deem
 8    advisable and enter into any contract or agreement with  such
 9    nonprofit  corporations  as  may be necessary or suitable for
10    the construction, financing, operation  and  maintenance  and
11    management  of  any  such  park; and may lease to any person,
12    firm, partnership or corporation, either public  or  private,
13    any  part or all of the land, building, facilities, equipment
14    or other property of such park for  such  purposes  and  upon
15    such rentals, terms and conditions as the University may deem
16    advisable;  and  may  finance  all or part of the cost of any
17    such  park,  including  the  purchase,  lease,  construction,
18    reconstruction, improvement,  remodeling,  addition  to,  and
19    extension  and  maintenance  of  all  or  part  of  such high
20    technology  park,  and  all  equipment  and  furnishings,  by
21    legislative  appropriations,  government  grants,  contracts,
22    private gifts, loans, receipts from  the  operation  of  such
23    high  technology  park, rentals and similar receipts; and may
24    make its other facilities and services available  to  tenants
25    or  other  occupants  of  any  such  park  at rates which are
26    reasonable and appropriate.
27        The Trustees  shall  have  power  (a)  to  purchase  real
28    property  and easements, and (b) to acquire real property and
29    easements in the manner provided by law for the  exercise  of
30    the  right  of  eminent domain, and in the event negotiations
31    for the acquisition of real property or easements for  making
32    any  improvement  which  the  Trustees are authorized to make
33    shall have proven unsuccessful and the Trustees shall have by
34    resolution adopted a schedule or plan of  operation  for  the
                            -4-                LRB9003951THpk
 1    execution  of  the project and therein made a finding that it
 2    is necessary to take such property or  easements  immediately
 3    or  at  some specified later date in order to comply with the
 4    schedule, the Trustees may acquire such property or easements
 5    in the same manner provided in Sections 7-103  through  7-112
 6    of the Code of Civil Procedure.
 7        The Board of Trustees also shall have power to agree with
 8    the State's Attorney of the county in which any properties of
 9    the  Board  are  located  to pay for services rendered by the
10    various taxing districts for the years 1944 through 1949  and
11    to  pay  annually  for  services  rendered thereafter by such
12    district such sums as may be determined  by  the  Board  upon
13    properties  used  solely for income producing purposes, title
14    to which is held by said Board of Trustees,  upon  properties
15    leased to members of the staff of the University of Illinois,
16    title  to  which  is held in trust for said Board of Trustees
17    and upon properties leased to for-profit entities  the  title
18    to  which  properties  is  held  by  the Board of Trustees. A
19    certified copy of any such agreement made  with  the  State's
20    Attorney  shall  be filed with the County Clerk and such sums
21    shall be distributed to the respective  taxing  districts  by
22    the  County  Collector  in  such proportions that each taxing
23    district will receive therefrom such proportion  as  the  tax
24    rate of such taxing district bears to the total tax rate that
25    would  be  levied  against  such  properties if they were not
26    exempt from taxation under the Property Tax Code.
27        The Board of Trustees  of  the  University  of  Illinois,
28    subject  to  the  applicable  civil  service law, may appoint
29    persons to be members of the University  of  Illinois  Police
30    Department.  Members  of the Police Department shall be peace
31    officers and as such have all powers possessed  by  policemen
32    in  cities, and sheriffs, including the power to make arrests
33    on view or warrants of violations of state statutes and  city
34    or  county  ordinances,  except  that  they may exercise such
                            -5-                LRB9003951THpk
 1    powers only in counties wherein the University and any of its
 2    branches or properties are located when such is required  for
 3    the  protection  of  university properties and interests, and
 4    its  students  and  personnel,  and  otherwise,  within  such
 5    counties, when requested by appropriate state  or  local  law
 6    enforcement  officials;  provided, however, that such officer
 7    shall have no power to serve and execute civil processes.
 8        The Board of Trustees may own, operate, or govern, by  or
 9    through  the  College  of  Medicine at Peoria, a managed care
10    community network established under subsection (r) of Section
11    5-16.3 of the Illinois Public Aid Code.
12        The powers of  the  trustees  as  herein  designated  are
13    subject  to  the  provisions  of  "An Act creating a Board of
14    Higher Education, defining its powers and duties,  making  an
15    appropriation  therefor,  and repealing an Act herein named",
16    approved August 22, 1961, as amended.
17        The Board of Trustees shall have the authority  to  adopt
18    all  administrative  rules  which  may  be  necessary for the
19    effective administration, enforcement and regulation  of  all
20    matters   for   which   the   Board   has   jurisdiction   or
21    responsibility.
22        (b)  To   assist   in  the  provision  of  buildings  and
23    facilities  beneficial  to,  useful  for,  or  supportive  of
24    University purposes, the Board of Trustees of the  University
25    of  Illinois may exercise the following powers with regard to
26    the area located on or adjacent to the University of Illinois
27    at Chicago campus and bounded as  follows:  on  the  West  by
28    Morgan  Street; thence on the North by Roosevelt Road; thence
29    on the East by that portion of Union Street between Roosevelt
30    Road and Liberty Street; thence West  on  Liberty  Street  to
31    Halsted  Street;  thence  South  on  Halsted  Street  to 16th
32    Street; and thence West on 16th Street to Morgan  Street,  in
33    the City of Chicago:
34             (1)  Acquire  any  interests  in land, buildings, or
                            -6-                LRB9003951THpk
 1        facilities by purchase,  including  installments  payable
 2        over  a  period  allowed  by law, by lease over a term of
 3        such duration as the Board of Trustees  shall  determine,
 4        or by exercise of the power of eminent domain;
 5             (2)  Sub-lease   or  contract  to  purchase  through
 6        installments  all  or  any  portion   of   buildings   or
 7        facilities  for  such  duration  and on such terms as the
 8        Board of Trustees shall determine, including a term  that
 9        exceeds  5  years,  provided  that  each  such  lease  or
10        purchase  contract  shall  be and shall recite that it is
11        subject to termination and cancellation in any  year  for
12        which the General Assembly fails to make an appropriation
13        to  pay  the  rent or purchase installments payable under
14        the terms of such lease or purchase contract; and
15             (3)  Sell property without compliance with the State
16        Property  Control  Act  and  retain   proceeds   in   the
17        University  Treasury  in  a special, separate development
18        fund account which the Auditor General shall  examine  to
19        assure compliance with this Act.
20    Any buildings or facilities to be developed on the land shall
21    be  buildings or facilities that, in the determination of the
22    Board of Trustees, in whole or in part: (i) are  for  use  by
23    the  University;  or  (ii) otherwise advance the interests of
24    the University, including, by  way  of  example,  residential
25    facilities  for  University staff and students and commercial
26    facilities which provide services needed  by  the  University
27    community.  Revenues from the development fund account may be
28    withdrawn by the University for the purpose of demolition and
29    the  processes  associated  with demolition; routine land and
30    property acquisition;  extension  of  utilities;  streetscape
31    work;   landscape   work;   surface  and  structure  parking;
32    sidewalks, recreational paths, and street  construction;  and
33    lease  and  lease  purchase arrangements and the professional
34    services associated with the planning and development of  the
                            -7-                LRB9003951THpk
 1    area.   Moneys from the development fund account used for any
 2    other purpose must be deposited into  and  appropriated  from
 3    the  General Revenue Fund.  Buildings or facilities leased to
 4    an entity or person other than the University  shall  not  be
 5    subject  to  any  limitations applicable to a State supported
 6    college or university under any law.  All development on  the
 7    land  and  all  use  of  any buildings or facilities shall be
 8    subject to the control and approval of the Board of Trustees.
 9        Each person who enters into a contract or agreement  with
10    the  Board  of  Trustees  or its agent to purchase, lease, or
11    otherwise acquire from the University  any  interest  in  any
12    land,  buildings, or facilities which the University acquired
13    by purchase, lease, or  exercise  of  the  power  of  eminent
14    domain  as  provided  in  this subsection, under the terms of
15    which contract such person is to construct improvements  upon
16    or  otherwise  develop  such  land,  buildings, or facilities
17    subject to the control and approval of the Board of  Trustees
18    as  provided  in this subsection, shall be required to donate
19    and pay to the University a development displacement fee that
20    is equal to  1%  of  the  equalized  assessed  value  of  the
21    property  which  the  person  is  acquiring   or in which the
22    person is acquiring an interest, as that value is  fixed  and
23    determined  in  the records of the Cook County Assessor as of
24    the date  the person enters into the  contract  or  agreement
25    with  the University.  The development displacement fee shall
26    be paid by such person to the University in full at the  time
27    the contract or agreement is entered into, and if not paid in
28    full  at that time, the contract or agreement shall be deemed
29    null and void and shall have no legal force or effect.
30        All development displacement fees paid to the  University
31    shall  be  retained by the University in its own treasury and
32    accounted  for  in  a  special  account  designated  as   the
33    Relocation  Assistance  Account.   The  Relocation Assistance
34    Account shall be subject to the Illinois State Auditing  Act,
                            -8-                LRB9003951THpk
 1    and all funds in the account shall be used and applied solely
 2    for purposes of implementing the relocation plan developed as
 3    provided in this subsection.
 4        The Board of Trustees of the University shall develop and
 5    implement  a  relocation  plan for businesses and residential
 6    and other property  owners  displaced  as  a  result  of  the
 7    acquisition   of  land,  buildings,  and  facilities  by  the
 8    University and the sale, lease,  or  other  transfer  by  the
 9    University   of  such  land,  buildings,  or  facilities  for
10    development as provided in this subsection.   The  relocation
11    plan  shall  be  substantially  similar  to provisions of the
12    Uniform Relocation Assistance and Real  Property  Acquisition
13    Act  and  regulations  promulgated under that Act relating to
14    assistance to displaced businesses and property  owners.   To
15    implement  the  relocation  plan  the  Board  of Trustees may
16    acquire property by purchase or  gift  or  may  exercise  the
17    power  of  eminent  domain  by  condemnation  in  the  manner
18    provided  by  Article  VII  of  the  Code of Civil Procedure,
19    except the immediate vesting of title  under  Sections  7-103
20    through  7-112  of  the  Code  of Civil Procedure, to acquire
21    substitute private property within one mile of the boundaries
22    of the area located on  or  adjacent  to  the  University  of
23    Illinois  at  Chicago campus and bounded as described in this
24    subsection.  The substitute property shall  be  acquired  for
25    the benefit of displaced businesses and residential and other
26    property  owners  located on or comprising all or part of the
27    lands acquired by the Board of Trustees  for  development  as
28    provided  in  this  subsection.   However, no such substitute
29    property may be acquired by the Board of Trustees unless  the
30    mayor  of  the  City of Chicago certifies in writing that the
31    acquisition is consistent  with  that  city's  land  use  and
32    economic  development policies and goals.  The acquisition of
33    substitute property is declared to be for public use.
34    (Source: P.A. 88-554, eff.  7-26-94;  88-670,  eff.  12-2-94;
                            -9-                LRB9003951THpk
 1    89-691, eff. 12-31-96.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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