Illinois General Assembly - Full Text of SB1449
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Full Text of SB1449  97th General Assembly

SB1449eng 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.4-5 and 11-74.6-22 as follows:
 
6    (65 ILCS 5/11-74.4-5)  (from Ch. 24, par. 11-74.4-5)
7    Sec. 11-74.4-5. Public hearing; joint review board.
8    (a) The changes made by this amendatory Act of the 91st
9General Assembly do not apply to a municipality that, (i)
10before the effective date of this amendatory Act of the 91st
11General Assembly, has adopted an ordinance or resolution fixing
12a time and place for a public hearing under this Section or
13(ii) before July 1, 1999, has adopted an ordinance or
14resolution providing for a feasibility study under Section
1511-74.4-4.1, but has not yet adopted an ordinance approving
16redevelopment plans and redevelopment projects or designating
17redevelopment project areas under Section 11-74.4-4, until
18after that municipality adopts an ordinance approving
19redevelopment plans and redevelopment projects or designating
20redevelopment project areas under Section 11-74.4-4;
21thereafter the changes made by this amendatory Act of the 91st
22General Assembly apply to the same extent that they apply to
23redevelopment plans and redevelopment projects that were

 

 

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1approved and redevelopment projects that were designated
2before the effective date of this amendatory Act of the 91st
3General Assembly.
4    Prior to the adoption of an ordinance proposing the
5designation of a redevelopment project area, or approving a
6redevelopment plan or redevelopment project, the municipality
7by its corporate authorities, or as it may determine by any
8commission designated under subsection (k) of Section
911-74.4-4 shall adopt an ordinance or resolution fixing a time
10and place for public hearing. At least 10 days prior to the
11adoption of the ordinance or resolution establishing the time
12and place for the public hearing, the municipality shall make
13available for public inspection a redevelopment plan or a
14separate report that provides in reasonable detail the basis
15for the eligibility of the redevelopment project area. The
16report along with the name of a person to contact for further
17information shall be sent within a reasonable time after the
18adoption of such ordinance or resolution to the affected taxing
19districts by certified mail. On and after the effective date of
20this amendatory Act of the 91st General Assembly, the
21municipality shall print in a newspaper of general circulation
22within the municipality a notice that interested persons may
23register with the municipality in order to receive information
24on the proposed designation of a redevelopment project area or
25the approval of a redevelopment plan. The notice shall state
26the place of registration and the operating hours of that

 

 

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1place. The municipality shall have adopted reasonable rules to
2implement this registration process under Section 11-74.4-4.2.
3The municipality shall provide notice of the availability of
4the redevelopment plan and eligibility report, including how to
5obtain this information, by mail within a reasonable time after
6the adoption of the ordinance or resolution, to all residential
7addresses that, after a good faith effort, the municipality
8determines are located outside the proposed redevelopment
9project area and within 750 feet of the boundaries of the
10proposed redevelopment project area. This requirement is
11subject to the limitation that in a municipality with a
12population of over 100,000, if the total number of residential
13addresses outside the proposed redevelopment project area and
14within 750 feet of the boundaries of the proposed redevelopment
15project area exceeds 750, the municipality shall be required to
16provide the notice to only the 750 residential addresses that,
17after a good faith effort, the municipality determines are
18outside the proposed redevelopment project area and closest to
19the boundaries of the proposed redevelopment project area.
20Notwithstanding the foregoing, notice given after August 7,
212001 (the effective date of Public Act 92-263) and before the
22effective date of this amendatory Act of the 92nd General
23Assembly to residential addresses within 750 feet of the
24boundaries of a proposed redevelopment project area shall be
25deemed to have been sufficiently given in compliance with this
26Act if given only to residents outside the boundaries of the

 

 

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1proposed redevelopment project area. The notice shall also be
2provided by the municipality, regardless of its population, to
3those organizations and residents that have registered with the
4municipality for that information in accordance with the
5registration guidelines established by the municipality under
6Section 11-74.4-4.2.
7    At the public hearing any interested person or affected
8taxing district may file with the municipal clerk written
9objections to and may be heard orally in respect to any issues
10embodied in the notice. The municipality shall hear all
11protests and objections at the hearing and the hearing may be
12adjourned to another date without further notice other than a
13motion to be entered upon the minutes fixing the time and place
14of the subsequent hearing. At the public hearing or at any time
15prior to the adoption by the municipality of an ordinance
16approving a redevelopment plan, the municipality may make
17changes in the redevelopment plan. Changes which (1) add
18additional parcels of property to the proposed redevelopment
19project area, (2) substantially affect the general land uses
20proposed in the redevelopment plan, (3) substantially change
21the nature of or extend the life of the redevelopment project,
22or (4) increase the number of inhabited residential units to be
23displaced from the redevelopment project area, as measured from
24the time of creation of the redevelopment project area, to a
25total of more than 10, shall be made only after the
26municipality gives notice, convenes a joint review board, and

 

 

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1conducts a public hearing pursuant to the procedures set forth
2in this Section and in Section 11-74.4-6 of this Act. Changes
3which do not (1) add additional parcels of property to the
4proposed redevelopment project area, (2) substantially affect
5the general land uses proposed in the redevelopment plan, (3)
6substantially change the nature of or extend the life of the
7redevelopment project, or (4) increase the number of inhabited
8residential units to be displaced from the redevelopment
9project area, as measured from the time of creation of the
10redevelopment project area, to a total of more than 10, may be
11made without further hearing, provided that the municipality
12shall give notice of any such changes by mail to each affected
13taxing district and registrant on the interested parties
14registry, provided for under Section 11-74.4-4.2, and by
15publication in a newspaper of general circulation within the
16affected taxing district. Such notice by mail and by
17publication shall each occur not later than 10 days following
18the adoption by ordinance of such changes. Hearings with regard
19to a redevelopment project area, project or plan may be held
20simultaneously.
21    (b) Prior to holding a public hearing to approve or amend a
22redevelopment plan or to designate or add additional parcels of
23property to a redevelopment project area, the municipality
24shall convene a joint review board. The board shall consist of
25a representative selected by each community college district,
26local elementary school district and high school district or

 

 

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1each local community unit school district, park district,
2library district, township, fire protection district, and
3county that will have the authority to directly levy taxes on
4the property within the proposed redevelopment project area at
5the time that the proposed redevelopment project area is
6approved, a representative selected by the municipality and a
7public member. The public member shall first be selected and
8then the board's chairperson shall be selected by a majority of
9the board members present and voting.
10    For redevelopment project areas with redevelopment plans
11or proposed redevelopment plans that would result in the
12displacement of residents from 10 or more inhabited residential
13units or that include 75 or more inhabited residential units,
14the public member shall be a person who resides in the
15redevelopment project area. If, as determined by the housing
16impact study provided for in paragraph (5) of subsection (n) of
17Section 11-74.4-3, or if no housing impact study is required
18then based on other reasonable data, the majority of
19residential units are occupied by very low, low, or moderate
20income households, as defined in Section 3 of the Illinois
21Affordable Housing Act, the public member shall be a person who
22resides in very low, low, or moderate income housing within the
23redevelopment project area. Municipalities with fewer than
2415,000 residents shall not be required to select a person who
25lives in very low, low, or moderate income housing within the
26redevelopment project area, provided that the redevelopment

 

 

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1plan or project will not result in displacement of residents
2from 10 or more inhabited units, and the municipality so
3certifies in the plan. If no person satisfying these
4requirements is available or if no qualified person will serve
5as the public member, then the joint review board is relieved
6of this paragraph's selection requirements for the public
7member.
8    Within 90 days of the effective date of this amendatory Act
9of the 91st General Assembly, each municipality that designated
10a redevelopment project area for which it was not required to
11convene a joint review board under this Section shall convene a
12joint review board to perform the duties specified under
13paragraph (e) of this Section.
14    All board members shall be appointed and the first board
15meeting shall be held at least 14 days but not more than 28
16days after the mailing of notice by the municipality to the
17taxing districts as required by Section 11-74.4-6(c).
18Notwithstanding the preceding sentence, a municipality that
19adopted either a public hearing resolution or a feasibility
20resolution between July 1, 1999 and July 1, 2000 that called
21for the meeting of the joint review board within 14 days of
22notice of public hearing to affected taxing districts is deemed
23to be in compliance with the notice, meeting, and public
24hearing provisions of the Act. Such notice shall also advise
25the taxing bodies represented on the joint review board of the
26time and place of the first meeting of the board. Additional

 

 

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1meetings of the board shall be held upon the call of any
2member. The municipality seeking designation of the
3redevelopment project area shall provide administrative
4support to the board.
5    The board shall review (i) the public record, planning
6documents and proposed ordinances approving the redevelopment
7plan and project and (ii) proposed amendments to the
8redevelopment plan or additions of parcels of property to the
9redevelopment project area to be adopted by the municipality.
10As part of its deliberations, the board may hold additional
11hearings on the proposal. A board's recommendation shall be an
12advisory, non-binding recommendation. The recommendation shall
13be adopted by a majority of those members present and voting.
14The recommendations shall be submitted to the municipality
15within 30 days after convening of the board. Failure of the
16board to submit its report on a timely basis shall not be cause
17to delay the public hearing or any other step in the process of
18designating or amending the redevelopment project area but
19shall be deemed to constitute approval by the joint review
20board of the matters before it.
21    The board shall base its recommendation to approve or
22disapprove the redevelopment plan and the designation of the
23redevelopment project area or the amendment of the
24redevelopment plan or addition of parcels of property to the
25redevelopment project area on the basis of the redevelopment
26project area and redevelopment plan satisfying the plan

 

 

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1requirements, the eligibility criteria defined in Section
211-74.4-3, and the objectives of this Act.
3    The board shall issue a written report describing why the
4redevelopment plan and project area or the amendment thereof
5meets or fails to meet one or more of the objectives of this
6Act and both the plan requirements and the eligibility criteria
7defined in Section 11-74.4-3. In the event the Board does not
8file a report it shall be presumed that these taxing bodies
9find the redevelopment project area and redevelopment plan
10satisfy the objectives of this Act and the plan requirements
11and eligibility criteria.
12    If the board recommends rejection of the matters before it,
13the municipality will have 30 days within which to resubmit the
14plan or amendment. During this period, the municipality will
15meet and confer with the board and attempt to resolve those
16issues set forth in the board's written report that led to the
17rejection of the plan or amendment.
18    Notwithstanding the resubmission set forth above, the
19municipality may commence the scheduled public hearing and
20either adjourn the public hearing or continue the public
21hearing until a date certain. Prior to continuing any public
22hearing to a date certain, the municipality shall announce
23during the public hearing the time, date, and location for the
24reconvening of the public hearing. Any changes to the
25redevelopment plan necessary to satisfy the issues set forth in
26the joint review board report shall be the subject of a public

 

 

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1hearing before the hearing is adjourned if the changes would
2(1) substantially affect the general land uses proposed in the
3redevelopment plan, (2) substantially change the nature of or
4extend the life of the redevelopment project, or (3) increase
5the number of inhabited residential units to be displaced from
6the redevelopment project area, as measured from the time of
7creation of the redevelopment project area, to a total of more
8than 10. Changes to the redevelopment plan necessary to satisfy
9the issues set forth in the joint review board report shall not
10require any further notice or convening of a joint review board
11meeting, except that any changes to the redevelopment plan that
12would add additional parcels of property to the proposed
13redevelopment project area shall be subject to the notice,
14public hearing, and joint review board meeting requirements
15established for such changes by subsection (a) of Section
1611-74.4-5.
17    In the event that the municipality and the board are unable
18to resolve these differences, or in the event that the
19resubmitted plan or amendment is rejected by the board, the
20municipality may proceed with the plan or amendment, but only
21upon a three-fifths vote of the corporate authority responsible
22for approval of the plan or amendment, excluding positions of
23members that are vacant and those members that are ineligible
24to vote because of conflicts of interest.
25    (c) After a municipality has by ordinance approved a
26redevelopment plan and designated a redevelopment project

 

 

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1area, the plan may be amended and additional properties may be
2added to the redevelopment project area only as herein
3provided. Amendments which (1) add additional parcels of
4property to the proposed redevelopment project area, (2)
5substantially affect the general land uses proposed in the
6redevelopment plan, (3) substantially change the nature of the
7redevelopment project, (4) increase the total estimated
8redevelopment project costs set out in the redevelopment plan
9by more than 5% after adjustment for inflation from the date
10the plan was adopted, (5) add additional redevelopment project
11costs to the itemized list of redevelopment project costs set
12out in the redevelopment plan, or (6) increase the number of
13inhabited residential units to be displaced from the
14redevelopment project area, as measured from the time of
15creation of the redevelopment project area, to a total of more
16than 10, shall be made only after the municipality gives
17notice, convenes a joint review board, and conducts a public
18hearing pursuant to the procedures set forth in this Section
19and in Section 11-74.4-6 of this Act. Changes which do not (1)
20add additional parcels of property to the proposed
21redevelopment project area, (2) substantially affect the
22general land uses proposed in the redevelopment plan, (3)
23substantially change the nature of the redevelopment project,
24(4) increase the total estimated redevelopment project cost set
25out in the redevelopment plan by more than 5% after adjustment
26for inflation from the date the plan was adopted, (5) add

 

 

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1additional redevelopment project costs to the itemized list of
2redevelopment project costs set out in the redevelopment plan,
3or (6) increase the number of inhabited residential units to be
4displaced from the redevelopment project area, as measured from
5the time of creation of the redevelopment project area, to a
6total of more than 10, may be made without further public
7hearing and related notices and procedures including the
8convening of a joint review board as set forth in Section
911-74.4-6 of this Act, provided that the municipality shall
10give notice of any such changes by mail to each affected taxing
11district and registrant on the interested parties registry,
12provided for under Section 11-74.4-4.2, and by publication in a
13newspaper of general circulation within the affected taxing
14district. Such notice by mail and by publication shall each
15occur not later than 10 days following the adoption by
16ordinance of such changes.
17    (d) After the effective date of this amendatory Act of the
1891st General Assembly, a municipality shall submit in an
19electronic format the following information for each
20redevelopment project area (i) to the State Comptroller under
21Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all
22taxing districts overlapping the redevelopment project area no
23later than 180 days after the close of each municipal fiscal
24year or as soon thereafter as the audited financial statements
25become available and, in any case, shall be submitted before
26the annual meeting of the Joint Review Board to each of the

 

 

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1taxing districts that overlap the redevelopment project area:
2        (1) Any amendments to the redevelopment plan, the
3    redevelopment project area, or the State Sales Tax
4    Boundary.
5        (1.5) A list of the redevelopment project areas
6    administered by the municipality and, if applicable, the
7    date each redevelopment project area was designated or
8    terminated by the municipality.
9        (2) Audited financial statements of the special tax
10    allocation fund once a cumulative total of $100,000 has
11    been deposited in the fund.
12        (3) Certification of the Chief Executive Officer of the
13    municipality that the municipality has complied with all of
14    the requirements of this Act during the preceding fiscal
15    year.
16        (4) An opinion of legal counsel that the municipality
17    is in compliance with this Act.
18        (5) An analysis of the special tax allocation fund
19    which sets forth:
20            (A) the balance in the special tax allocation fund
21        at the beginning of the fiscal year;
22            (B) all amounts deposited in the special tax
23        allocation fund by source;
24            (C) an itemized list of all expenditures from the
25        special tax allocation fund by category of permissible
26        redevelopment project cost; and

 

 

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1            (D) the balance in the special tax allocation fund
2        at the end of the fiscal year including a breakdown of
3        that balance by source and a breakdown of that balance
4        identifying any portion of the balance that is
5        required, pledged, earmarked, or otherwise designated
6        for payment of or securing of obligations and
7        anticipated redevelopment project costs. Any portion
8        of such ending balance that has not been identified or
9        is not identified as being required, pledged,
10        earmarked, or otherwise designated for payment of or
11        securing of obligations or anticipated redevelopment
12        projects costs shall be designated as surplus as set
13        forth in Section 11-74.4-7 hereof.
14        (6) A description of all property purchased by the
15    municipality within the redevelopment project area
16    including:
17            (A) Street address.
18            (B) Approximate size or description of property.
19            (C) Purchase price.
20            (D) Seller of property.
21        (7) A statement setting forth all activities
22    undertaken in furtherance of the objectives of the
23    redevelopment plan, including:
24            (A) Any project implemented in the preceding
25        fiscal year.
26            (B) A description of the redevelopment activities

 

 

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1        undertaken.
2            (C) A description of any agreements entered into by
3        the municipality with regard to the disposition or
4        redevelopment of any property within the redevelopment
5        project area or the area within the State Sales Tax
6        Boundary.
7            (D) Additional information on the use of all funds
8        received under this Division and steps taken by the
9        municipality to achieve the objectives of the
10        redevelopment plan.
11            (E) Information regarding contracts that the
12        municipality's tax increment advisors or consultants
13        have entered into with entities or persons that have
14        received, or are receiving, payments financed by tax
15        increment revenues produced by the same redevelopment
16        project area.
17            (F) Any reports submitted to the municipality by
18        the joint review board.
19            (G) A review of public and, to the extent possible,
20        private investment actually undertaken to date after
21        the effective date of this amendatory Act of the 91st
22        General Assembly and estimated to be undertaken during
23        the following year. This review shall, on a
24        project-by-project basis, set forth the estimated
25        amounts of public and private investment incurred
26        after the effective date of this amendatory Act of the

 

 

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1        91st General Assembly and provide the ratio of private
2        investment to public investment to the date of the
3        report and as estimated to the completion of the
4        redevelopment project.
5        (8) With regard to any obligations issued by the
6    municipality:
7            (A) copies of any official statements; and
8            (B) an analysis prepared by financial advisor or
9        underwriter setting forth: (i) nature and term of
10        obligation; and (ii) projected debt service including
11        required reserves and debt coverage.
12        (9) For special tax allocation funds that have
13    experienced cumulative deposits of incremental tax
14    revenues of $100,000 or more, a certified audit report
15    reviewing compliance with this Act performed by an
16    independent public accountant certified and licensed by
17    the authority of the State of Illinois. The financial
18    portion of the audit must be conducted in accordance with
19    Standards for Audits of Governmental Organizations,
20    Programs, Activities, and Functions adopted by the
21    Comptroller General of the United States (1981), as
22    amended, or the standards specified by Section 8-8-5 of the
23    Illinois Municipal Auditing Law of the Illinois Municipal
24    Code. The audit report shall contain a letter from the
25    independent certified public accountant indicating
26    compliance or noncompliance with the requirements of

 

 

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1    subsection (q) of Section 11-74.4-3. For redevelopment
2    plans or projects that would result in the displacement of
3    residents from 10 or more inhabited residential units or
4    that contain 75 or more inhabited residential units, notice
5    of the availability of the information, including how to
6    obtain the report, required in this subsection shall also
7    be sent by mail to all residents or organizations that
8    operate in the municipality that register with the
9    municipality for that information according to
10    registration procedures adopted under Section 11-74.4-4.2.
11    All municipalities are subject to this provision.
12        (10) A list of all intergovernmental agreements in
13    effect during the fiscal year to which the municipality is
14    a party and an accounting of any moneys transferred or
15    received by the municipality during that fiscal year
16    pursuant to those intergovernmental agreements.
17        (11) A detailed list of jobs created during the fiscal
18    year, both temporary and permanent, along with a
19    description of whether the jobs are in the public or
20    private sector, to the extent that the information is
21    required to be reported to the municipality pursuant to a
22    redevelopment agreement or other written agreement.
23    (d-1) Prior to the effective date of this amendatory Act of
24the 91st General Assembly, municipalities with populations of
25over 1,000,000 shall, after adoption of a redevelopment plan or
26project, make available upon request to any taxing district in

 

 

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1which the redevelopment project area is located the following
2information:
3        (1) Any amendments to the redevelopment plan, the
4    redevelopment project area, or the State Sales Tax
5    Boundary; and
6        (2) In connection with any redevelopment project area
7    for which the municipality has outstanding obligations
8    issued to provide for redevelopment project costs pursuant
9    to Section 11-74.4-7, audited financial statements of the
10    special tax allocation fund.
11    (e) The joint review board shall meet annually 180 days
12after the close of the municipal fiscal year or as soon as the
13redevelopment project audit for that fiscal year becomes
14available to review the effectiveness and status of the
15redevelopment project area up to that date.
16    (f) (Blank).
17    (g) In the event that a municipality has held a public
18hearing under this Section prior to March 14, 1994 (the
19effective date of Public Act 88-537), the requirements imposed
20by Public Act 88-537 relating to the method of fixing the time
21and place for public hearing, the materials and information
22required to be made available for public inspection, and the
23information required to be sent after adoption of an ordinance
24or resolution fixing a time and place for public hearing shall
25not be applicable.
26    (h) On and after the effective date of this amendatory Act

 

 

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1of the 96th General Assembly, the State Comptroller must post
2on the State Comptroller's official website the information
3submitted by a municipality pursuant to subsection (d) of this
4Section. The information must be posted no later than 45 days
5after the State Comptroller receives the information from the
6municipality. The State Comptroller must also post a list of
7the municipalities not in compliance with the reporting
8requirements set forth in subsection (d) of this Section.
9    (i) No later than 10 years after the corporate authorities
10of a municipality adopt an ordinance to establish a
11redevelopment project area, the municipality must compile a
12status report concerning the redevelopment project area. The
13status report must detail without limitation the following: (i)
14the amount of revenue generated within the redevelopment
15project area, (ii) any expenditures made by the municipality
16for the redevelopment project area including without
17limitation expenditures from the special tax allocation fund,
18(iii) the status of planned activities, goals, and objectives
19set forth in the redevelopment plan including details on new or
20planned construction within the redevelopment project area,
21(iv) the amount of private and public investment within the
22redevelopment project area, and (v) any other relevant
23evaluation or performance data. Within 30 days after the
24municipality compiles the status report, the municipality must
25hold at least one public hearing concerning the report. The
26municipality must provide 20 days' public notice of the

 

 

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1hearing.
2    (j) Beginning in fiscal year 2011 and in each fiscal year
3thereafter, a municipality must detail in its annual budget (i)
4the revenues generated from redevelopment project areas by
5source and (ii) the expenditures made by the municipality for
6redevelopment project areas.
7(Source: P.A. 96-1335, eff. 7-27-10.)
 
8    (65 ILCS 5/11-74.6-22)
9    Sec. 11-74.6-22. Adoption of ordinance; requirements;
10changes.
11    (a) Before adoption of an ordinance proposing the
12designation of a redevelopment planning area or a redevelopment
13project area, or both, or approving a redevelopment plan or
14redevelopment project, the municipality or commission
15designated pursuant to subsection (l) of Section 11-74.6-15
16shall fix by ordinance or resolution a time and place for
17public hearing. Prior to the adoption of the ordinance or
18resolution establishing the time and place for the public
19hearing, the municipality shall make available for public
20inspection a redevelopment plan or a report that provides in
21sufficient detail, the basis for the eligibility of the
22redevelopment project area. The report along with the name of a
23person to contact for further information shall be sent to the
24affected taxing district by certified mail within a reasonable
25time following the adoption of the ordinance or resolution

 

 

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1establishing the time and place for the public hearing.
2    At the public hearing any interested person or affected
3taxing district may file with the municipal clerk written
4objections to the ordinance and may be heard orally on any
5issues that are the subject of the hearing. The municipality
6shall hear and determine all alternate proposals or bids for
7any proposed conveyance, lease, mortgage or other disposition
8of land and all protests and objections at the hearing and the
9hearing may be adjourned to another date without further notice
10other than a motion to be entered upon the minutes fixing the
11time and place of the later hearing. At the public hearing or
12at any time prior to the adoption by the municipality of an
13ordinance approving a redevelopment plan, the municipality may
14make changes in the redevelopment plan. Changes which (1) add
15additional parcels of property to the proposed redevelopment
16project area, (2) substantially affect the general land uses
17proposed in the redevelopment plan, or (3) substantially change
18the nature of or extend the life of the redevelopment project
19shall be made only after the municipality gives notice,
20convenes a joint review board, and conducts a public hearing
21pursuant to the procedures set forth in this Section and in
22Section 11-74.6-25. Changes which do not (1) add additional
23parcels of property to the proposed redevelopment project area,
24(2) substantially affect the general land uses proposed in the
25redevelopment plan, or (3) substantially change the nature of
26or extend the life of the redevelopment project may be made

 

 

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1without further hearing, provided that the municipality shall
2give notice of any such changes by mail to each affected taxing
3district and by publication in a newspaper of general
4circulation within the affected taxing district. Such notice by
5mail and by publication shall each occur not later than 10 days
6following the adoption by ordinance of such changes.
7    (b) Before adoption of an ordinance proposing the
8designation of a redevelopment planning area or a redevelopment
9project area, or both, or amending the boundaries of an
10existing redevelopment project area or redevelopment planning
11area, or both, the municipality shall convene a joint review
12board to consider the proposal. The board shall consist of a
13representative selected by each taxing district that has
14authority to levy real property taxes on the property within
15the proposed redevelopment project area and that has at least
165% of its total equalized assessed value located within the
17proposed redevelopment project area, a representative selected
18by the municipality and a public member. The public member and
19the board's chairperson shall be selected by a majority of
20other board members.
21    All board members shall be appointed and the first board
22meeting held within 14 days following the notice by the
23municipality to all the taxing districts as required by
24subsection (c) of Section 11-74.6-25. The notice shall also
25advise the taxing bodies represented on the joint review board
26of the time and place of the first meeting of the board.

 

 

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1Additional meetings of the board shall be held upon the call of
2any 2 members. The municipality seeking designation of the
3redevelopment project area may provide administrative support
4to the board.
5    The board shall review the public record, planning
6documents and proposed ordinances approving the redevelopment
7plan and project to be adopted by the municipality. As part of
8its deliberations, the board may hold additional hearings on
9the proposal. A board's recommendation, if any, shall be a
10written recommendation adopted by a majority vote of the board
11and submitted to the municipality within 30 days after the
12board convenes. A board's recommendation shall be binding upon
13the municipality. Failure of the board to submit its
14recommendation on a timely basis shall not be cause to delay
15the public hearing or the process of establishing or amending
16the redevelopment project area. The board's recommendation on
17the proposal shall be based upon the area satisfying the
18applicable eligibility criteria defined in Section 11-74.6-10
19and whether there is a basis for the municipal findings set
20forth in the redevelopment plan as required by this Act. If the
21board does not file a recommendation it shall be presumed that
22the board has found that the redevelopment project area
23satisfies the eligibility criteria.
24    (c) After a municipality has by ordinance approved a
25redevelopment plan and designated a redevelopment planning
26area or a redevelopment project area, or both, the plan may be

 

 

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1amended and additional properties may be added to the
2redevelopment project area only as herein provided. Amendments
3which (1) add additional parcels of property to the proposed
4redevelopment project area, (2) substantially affect the
5general land uses proposed in the redevelopment plan, (3)
6substantially change the nature of the redevelopment project,
7(4) increase the total estimated redevelopment project costs
8set out in the redevelopment plan by more than 5% after
9adjustment for inflation from the date the plan was adopted, or
10(5) add additional redevelopment project costs to the itemized
11list of redevelopment project costs set out in the
12redevelopment plan shall be made only after the municipality
13gives notice, convenes a joint review board, and conducts a
14public hearing pursuant to the procedures set forth in this
15Section and in Section 11-74.6-25. Changes which do not (1) add
16additional parcels of property to the proposed redevelopment
17project area, (2) substantially affect the general land uses
18proposed in the redevelopment plan, (3) substantially change
19the nature of the redevelopment project, (4) increase the total
20estimated redevelopment project cost set out in the
21redevelopment plan by more than 5% after adjustment for
22inflation from the date the plan was adopted, or (5) add
23additional redevelopment project costs to the itemized list of
24redevelopment project costs set out in the redevelopment plan
25may be made without further hearing, provided that the
26municipality shall give notice of any such changes by mail to

 

 

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1each affected taxing district and by publication in a newspaper
2of general circulation within the affected taxing district.
3Such notice by mail and by publication shall each occur not
4later than 10 days following the adoption by ordinance of such
5changes.
6    (d) After the effective date of this amendatory Act of the
791st General Assembly, a municipality shall submit the
8following information for each redevelopment project area (i)
9to the State Comptroller under Section 8-8-3.5 of the Illinois
10Municipal Code and (ii) to all taxing districts overlapping the
11redevelopment project area no later than 180 days after the
12close of each municipal fiscal year or as soon thereafter as
13the audited financial statements become available and, in any
14case, shall be submitted before the annual meeting of the joint
15review board to each of the taxing districts that overlap the
16redevelopment project area:
17        (1) Any amendments to the redevelopment plan, or the
18    redevelopment project area.
19        (1.5) A list of the redevelopment project areas
20    administered by the municipality and, if applicable, the
21    date each redevelopment project area was designated or
22    terminated by the municipality.
23        (2) Audited financial statements of the special tax
24    allocation fund once a cumulative total of $100,000 of tax
25    increment revenues has been deposited in the fund.
26        (3) Certification of the Chief Executive Officer of the

 

 

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1    municipality that the municipality has complied with all of
2    the requirements of this Act during the preceding fiscal
3    year.
4        (4) An opinion of legal counsel that the municipality
5    is in compliance with this Act.
6        (5) An analysis of the special tax allocation fund
7    which sets forth:
8            (A) the balance in the special tax allocation fund
9        at the beginning of the fiscal year;
10            (B) all amounts deposited in the special tax
11        allocation fund by source;
12            (C) an itemized list of all expenditures from the
13        special tax allocation fund by category of permissible
14        redevelopment project cost; and
15            (D) the balance in the special tax allocation fund
16        at the end of the fiscal year including a breakdown of
17        that balance by source and a breakdown of that balance
18        identifying any portion of the balance that is
19        required, pledged, earmarked, or otherwise designated
20        for payment of or securing of obligations and
21        anticipated redevelopment project costs. Any portion
22        of such ending balance that has not been identified or
23        is not identified as being required, pledged,
24        earmarked, or otherwise designated for payment of or
25        securing of obligations or anticipated redevelopment
26        project costs shall be designated as surplus as set

 

 

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1        forth in Section 11-74.6-30 hereof.
2        (6) A description of all property purchased by the
3    municipality within the redevelopment project area
4    including:
5            (A) Street address.
6            (B) Approximate size or description of property.
7            (C) Purchase price.
8            (D) Seller of property.
9        (7) A statement setting forth all activities
10    undertaken in furtherance of the objectives of the
11    redevelopment plan, including:
12            (A) Any project implemented in the preceding
13        fiscal year.
14            (B) A description of the redevelopment activities
15        undertaken.
16            (C) A description of any agreements entered into by
17        the municipality with regard to the disposition or
18        redevelopment of any property within the redevelopment
19        project area.
20            (D) Additional information on the use of all funds
21        received under this Division and steps taken by the
22        municipality to achieve the objectives of the
23        redevelopment plan.
24            (E) Information regarding contracts that the
25        municipality's tax increment advisors or consultants
26        have entered into with entities or persons that have

 

 

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1        received, or are receiving, payments financed by tax
2        increment revenues produced by the same redevelopment
3        project area.
4            (F) Any reports submitted to the municipality by
5        the joint review board.
6            (G) A review of public and, to the extent possible,
7        private investment actually undertaken to date after
8        the effective date of this amendatory Act of the 91st
9        General Assembly and estimated to be undertaken during
10        the following year. This review shall, on a
11        project-by-project basis, set forth the estimated
12        amounts of public and private investment incurred
13        after the effective date of this amendatory Act of the
14        91st General Assembly and provide the ratio of private
15        investment to public investment to the date of the
16        report and as estimated to the completion of the
17        redevelopment project.
18        (8) With regard to any obligations issued by the
19    municipality:
20            (A) copies of any official statements; and
21            (B) an analysis prepared by financial advisor or
22        underwriter setting forth: (i) nature and term of
23        obligation; and (ii) projected debt service including
24        required reserves and debt coverage.
25        (9) For special tax allocation funds that have received
26    cumulative deposits of incremental tax revenues of

 

 

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1    $100,000 or more, a certified audit report reviewing
2    compliance with this Act performed by an independent public
3    accountant certified and licensed by the authority of the
4    State of Illinois. The financial portion of the audit must
5    be conducted in accordance with Standards for Audits of
6    Governmental Organizations, Programs, Activities, and
7    Functions adopted by the Comptroller General of the United
8    States (1981), as amended, or the standards specified by
9    Section 8-8-5 of the Illinois Municipal Auditing Law of the
10    Illinois Municipal Code. The audit report shall contain a
11    letter from the independent certified public accountant
12    indicating compliance or noncompliance with the
13    requirements of subsection (o) of Section 11-74.6-10.
14        (10) A detailed list of jobs created during the fiscal
15    year, both temporary and permanent, along with a
16    description of whether the jobs are in the public or
17    private sector, to the extent that the information is
18    required to be reported to the municipality pursuant to a
19    redevelopment agreement or other written agreement.
20    (e) The joint review board shall meet annually 180 days
21after the close of the municipal fiscal year or as soon as the
22redevelopment project audit for that fiscal year becomes
23available to review the effectiveness and status of the
24redevelopment project area up to that date.
25(Source: P.A. 91-474, eff. 11-1-99; 91-900, eff. 7-6-00.)