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90_SB1064
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.
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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
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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
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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
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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
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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
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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
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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,
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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;
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1 89-691, eff. 12-31-96.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.