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(110 ILCS 690/35-40)
Sec. 35-40. Contracts, conveyances, expenditures. The Board shall have
power to enter into contracts and to sue and be
sued, provided that any suit against the Board based upon a claim sounding
in tort must be filed in the Court of Claims; to acquire by purchase,
eminent domain or otherwise, and to hold and convey title to
real property as it shall deem appropriate and personal property in
accordance with the State Property Control Act, except as otherwise provided in item (14) of Section 35-45 of this Law; and to expend the funds
appropriated to or lawfully belonging to the Western Illinois University,
provided that the Board in the exercise of
the powers conferred by this Article shall not create any liability or
indebtedness of funds from the State Treasury in excess of the funds
appropriated to Western Illinois University.
All real property acquired by the Board shall be held for the People of
the State of Illinois, for the use of Western Illinois University.
Any lease to the Board of lands, buildings or facilities
which will support scientific research and development in such
areas as high technology, super computing, microelectronics,
biotechnology, robotics, physics and engineering shall be for
a term not to exceed 18 years, and may grant to the Board the option to
purchase the lands, buildings or facilities. The lease shall recite that
it is subject to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to pay the rent payable
under the terms of the lease.
Leases for the purposes described herein exceeding 5 years shall have
the approval of the Illinois Board of Higher Education.
The Board's power to enter into contracts includes but is not limited
to the power to enter into contracts with municipalities within which the
University or any branch thereof is located, in whole or in part, for such
municipality to provide fire protection or other essential municipal
services upon properties leased to for-profit entities the title to which
properties is held by the Board.
The Board shall pay to the municipality concerned such equitable portion of
the cost of providing such fire protection or other essential municipal
service as shall be agreed to by the Board, and as part of the compensation
for such fire protection the Board may provide land and buildings, or
either, for fire stations to be used by the municipality.
(Source: P.A. 98-998, eff. 8-18-14.)
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