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Full Text of SB1449  97th General Assembly

SB1449sam001 97TH GENERAL ASSEMBLY

Sen. Christine Radogno

Filed: 3/30/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1449

2    AMENDMENT NO. ______. Amend Senate Bill 1449 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1redevelopment project areas under Section 11-74.4-4, until
2after that municipality adopts an ordinance approving
3redevelopment plans and redevelopment projects or designating
4redevelopment project areas under Section 11-74.4-4;
5thereafter the changes made by this amendatory Act of the 91st
6General Assembly apply to the same extent that they apply to
7redevelopment plans and redevelopment projects that were
8approved and redevelopment projects that were designated
9before the effective date of this amendatory Act of the 91st
10General Assembly.
11    Prior to the adoption of an ordinance proposing the
12designation of a redevelopment project area, or approving a
13redevelopment plan or redevelopment project, the municipality
14by its corporate authorities, or as it may determine by any
15commission designated under subsection (k) of Section
1611-74.4-4 shall adopt an ordinance or resolution fixing a time
17and place for public hearing. At least 10 days prior to the
18adoption of the ordinance or resolution establishing the time
19and place for the public hearing, the municipality shall make
20available for public inspection a redevelopment plan or a
21separate report that provides in reasonable detail the basis
22for the eligibility of the redevelopment project area. The
23report along with the name of a person to contact for further
24information shall be sent within a reasonable time after the
25adoption of such ordinance or resolution to the affected taxing
26districts by certified mail. On and after the effective date of

 

 

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1this amendatory Act of the 91st General Assembly, the
2municipality shall print in a newspaper of general circulation
3within the municipality a notice that interested persons may
4register with the municipality in order to receive information
5on the proposed designation of a redevelopment project area or
6the approval of a redevelopment plan. The notice shall state
7the place of registration and the operating hours of that
8place. The municipality shall have adopted reasonable rules to
9implement this registration process under Section 11-74.4-4.2.
10The municipality shall provide notice of the availability of
11the redevelopment plan and eligibility report, including how to
12obtain this information, by mail within a reasonable time after
13the adoption of the ordinance or resolution, to all residential
14addresses that, after a good faith effort, the municipality
15determines are located outside the proposed redevelopment
16project area and within 750 feet of the boundaries of the
17proposed redevelopment project area. This requirement is
18subject to the limitation that in a municipality with a
19population of over 100,000, if the total number of residential
20addresses outside the proposed redevelopment project area and
21within 750 feet of the boundaries of the proposed redevelopment
22project area exceeds 750, the municipality shall be required to
23provide the notice to only the 750 residential addresses that,
24after a good faith effort, the municipality determines are
25outside the proposed redevelopment project area and closest to
26the boundaries of the proposed redevelopment project area.

 

 

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1Notwithstanding the foregoing, notice given after August 7,
22001 (the effective date of Public Act 92-263) and before the
3effective date of this amendatory Act of the 92nd General
4Assembly to residential addresses within 750 feet of the
5boundaries of a proposed redevelopment project area shall be
6deemed to have been sufficiently given in compliance with this
7Act if given only to residents outside the boundaries of the
8proposed redevelopment project area. The notice shall also be
9provided by the municipality, regardless of its population, to
10those organizations and residents that have registered with the
11municipality for that information in accordance with the
12registration guidelines established by the municipality under
13Section 11-74.4-4.2.
14    At the public hearing any interested person or affected
15taxing district may file with the municipal clerk written
16objections to and may be heard orally in respect to any issues
17embodied in the notice. The municipality shall hear all
18protests and objections at the hearing and the hearing may be
19adjourned to another date without further notice other than a
20motion to be entered upon the minutes fixing the time and place
21of the subsequent hearing. At the public hearing or at any time
22prior to the adoption by the municipality of an ordinance
23approving a redevelopment plan, the municipality may make
24changes in the redevelopment plan. Changes which (1) add
25additional parcels of property to the proposed redevelopment
26project area, (2) substantially affect the general land uses

 

 

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

 

 

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1simultaneously.
2    (b) Prior to holding a public hearing to approve or amend a
3redevelopment plan or to designate or add additional parcels of
4property to a redevelopment project area, the municipality
5shall convene a joint review board. The board shall consist of
6a representative selected by each community college district,
7local elementary school district and high school district or
8each local community unit school district, park district,
9library district, township, fire protection district, and
10county that will have the authority to directly levy taxes on
11the property within the proposed redevelopment project area at
12the time that the proposed redevelopment project area is
13approved, a representative selected by the municipality and a
14public member. The public member shall first be selected and
15then the board's chairperson shall be selected by a majority of
16the board members present and voting.
17    For redevelopment project areas with redevelopment plans
18or proposed redevelopment plans that would result in the
19displacement of residents from 10 or more inhabited residential
20units or that include 75 or more inhabited residential units,
21the public member shall be a person who resides in the
22redevelopment project area. If, as determined by the housing
23impact study provided for in paragraph (5) of subsection (n) of
24Section 11-74.4-3, or if no housing impact study is required
25then based on other reasonable data, the majority of
26residential units are occupied by very low, low, or moderate

 

 

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1income households, as defined in Section 3 of the Illinois
2Affordable Housing Act, the public member shall be a person who
3resides in very low, low, or moderate income housing within the
4redevelopment project area. Municipalities with fewer than
515,000 residents shall not be required to select a person who
6lives in very low, low, or moderate income housing within the
7redevelopment project area, provided that the redevelopment
8plan or project will not result in displacement of residents
9from 10 or more inhabited units, and the municipality so
10certifies in the plan. If no person satisfying these
11requirements is available or if no qualified person will serve
12as the public member, then the joint review board is relieved
13of this paragraph's selection requirements for the public
14member.
15    Within 90 days of the effective date of this amendatory Act
16of the 91st General Assembly, each municipality that designated
17a redevelopment project area for which it was not required to
18convene a joint review board under this Section shall convene a
19joint review board to perform the duties specified under
20paragraph (e) of this Section.
21    All board members shall be appointed and the first board
22meeting shall be held at least 14 days but not more than 28
23days after the mailing of notice by the municipality to the
24taxing districts as required by Section 11-74.4-6(c).
25Notwithstanding the preceding sentence, a municipality that
26adopted either a public hearing resolution or a feasibility

 

 

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1resolution between July 1, 1999 and July 1, 2000 that called
2for the meeting of the joint review board within 14 days of
3notice of public hearing to affected taxing districts is deemed
4to be in compliance with the notice, meeting, and public
5hearing provisions of the Act. Such notice shall also advise
6the taxing bodies represented on the joint review board of the
7time and place of the first meeting of the board. Additional
8meetings of the board shall be held upon the call of any
9member. The municipality seeking designation of the
10redevelopment project area shall provide administrative
11support to the board.
12    The board shall review (i) the public record, planning
13documents and proposed ordinances approving the redevelopment
14plan and project and (ii) proposed amendments to the
15redevelopment plan or additions of parcels of property to the
16redevelopment project area to be adopted by the municipality.
17As part of its deliberations, the board may hold additional
18hearings on the proposal. A board's recommendation shall be an
19advisory, non-binding recommendation. The recommendation shall
20be adopted by a majority of those members present and voting.
21The recommendations shall be submitted to the municipality
22within 30 days after convening of the board. Failure of the
23board to submit its report on a timely basis shall not be cause
24to delay the public hearing or any other step in the process of
25designating or amending the redevelopment project area but
26shall be deemed to constitute approval by the joint review

 

 

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1board of the matters before it.
2    The board shall base its recommendation to approve or
3disapprove the redevelopment plan and the designation of the
4redevelopment project area or the amendment of the
5redevelopment plan or addition of parcels of property to the
6redevelopment project area on the basis of the redevelopment
7project area and redevelopment plan satisfying the plan
8requirements, the eligibility criteria defined in Section
911-74.4-3, and the objectives of this Act.
10    The board shall issue a written report describing why the
11redevelopment plan and project area or the amendment thereof
12meets or fails to meet one or more of the objectives of this
13Act and both the plan requirements and the eligibility criteria
14defined in Section 11-74.4-3. In the event the Board does not
15file a report it shall be presumed that these taxing bodies
16find the redevelopment project area and redevelopment plan
17satisfy the objectives of this Act and the plan requirements
18and eligibility criteria.
19    If the board recommends rejection of the matters before it,
20the municipality will have 30 days within which to resubmit the
21plan or amendment. During this period, the municipality will
22meet and confer with the board and attempt to resolve those
23issues set forth in the board's written report that led to the
24rejection of the plan or amendment.
25    Notwithstanding the resubmission set forth above, the
26municipality may commence the scheduled public hearing and

 

 

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1either adjourn the public hearing or continue the public
2hearing until a date certain. Prior to continuing any public
3hearing to a date certain, the municipality shall announce
4during the public hearing the time, date, and location for the
5reconvening of the public hearing. Any changes to the
6redevelopment plan necessary to satisfy the issues set forth in
7the joint review board report shall be the subject of a public
8hearing before the hearing is adjourned if the changes would
9(1) substantially affect the general land uses proposed in the
10redevelopment plan, (2) substantially change the nature of or
11extend the life of the redevelopment project, or (3) increase
12the number of inhabited residential units to be displaced from
13the redevelopment project area, as measured from the time of
14creation of the redevelopment project area, to a total of more
15than 10. Changes to the redevelopment plan necessary to satisfy
16the issues set forth in the joint review board report shall not
17require any further notice or convening of a joint review board
18meeting, except that any changes to the redevelopment plan that
19would add additional parcels of property to the proposed
20redevelopment project area shall be subject to the notice,
21public hearing, and joint review board meeting requirements
22established for such changes by subsection (a) of Section
2311-74.4-5.
24    In the event that the municipality and the board are unable
25to resolve these differences, or in the event that the
26resubmitted plan or amendment is rejected by the board, the

 

 

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1municipality may proceed with the plan or amendment, but only
2upon a three-fifths vote of the corporate authority responsible
3for approval of the plan or amendment, excluding positions of
4members that are vacant and those members that are ineligible
5to vote because of conflicts of interest.
6    (c) After a municipality has by ordinance approved a
7redevelopment plan and designated a redevelopment project
8area, the plan may be amended and additional properties may be
9added to the redevelopment project area only as herein
10provided. Amendments which (1) add additional parcels of
11property to the proposed redevelopment project area, (2)
12substantially affect the general land uses proposed in the
13redevelopment plan, (3) substantially change the nature of the
14redevelopment project, (4) increase the total estimated
15redevelopment project costs set out in the redevelopment plan
16by more than 5% after adjustment for inflation from the date
17the plan was adopted, (5) add additional redevelopment project
18costs to the itemized list of redevelopment project costs set
19out in the redevelopment plan, or (6) increase the number of
20inhabited residential units to be displaced from the
21redevelopment project area, as measured from the time of
22creation of the redevelopment project area, to a total of more
23than 10, shall be made only after the municipality gives
24notice, convenes a joint review board, and conducts a public
25hearing pursuant to the procedures set forth in this Section
26and in Section 11-74.4-6 of this Act. Changes which do not (1)

 

 

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1add additional parcels of property to the proposed
2redevelopment project area, (2) substantially affect the
3general land uses proposed in the redevelopment plan, (3)
4substantially change the nature of the redevelopment project,
5(4) increase the total estimated redevelopment project cost set
6out in the redevelopment plan by more than 5% after adjustment
7for inflation from the date the plan was adopted, (5) add
8additional redevelopment project costs to the itemized list of
9redevelopment project costs set out in the redevelopment plan,
10or (6) increase the number of inhabited residential units to be
11displaced from the redevelopment project area, as measured from
12the time of creation of the redevelopment project area, to a
13total of more than 10, may be made without further public
14hearing and related notices and procedures including the
15convening of a joint review board as set forth in Section
1611-74.4-6 of this Act, provided that the municipality shall
17give notice of any such changes by mail to each affected taxing
18district and registrant on the interested parties registry,
19provided for under Section 11-74.4-4.2, and by publication in a
20newspaper of general circulation within the affected taxing
21district. Such notice by mail and by publication shall each
22occur not later than 10 days following the adoption by
23ordinance of such changes.
24    (d) After the effective date of this amendatory Act of the
2591st General Assembly, a municipality shall submit in an
26electronic format the following information for each

 

 

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1redevelopment project area (i) to the State Comptroller under
2Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all
3taxing districts overlapping the redevelopment project area no
4later than 180 days after the close of each municipal fiscal
5year or as soon thereafter as the audited financial statements
6become available and, in any case, shall be submitted before
7the annual meeting of the Joint Review Board to each of the
8taxing districts that overlap the redevelopment project area:
9        (1) Any amendments to the redevelopment plan, the
10    redevelopment project area, or the State Sales Tax
11    Boundary.
12        (1.5) A list of the redevelopment project areas
13    administered by the municipality and, if applicable, the
14    date each redevelopment project area was designated or
15    terminated by the municipality.
16        (2) Audited financial statements of the special tax
17    allocation fund once a cumulative total of $100,000 has
18    been deposited in the fund.
19        (3) Certification of the Chief Executive Officer of the
20    municipality that the municipality has complied with all of
21    the requirements of this Act during the preceding fiscal
22    year.
23        (4) An opinion of legal counsel that the municipality
24    is in compliance with this Act.
25        (5) An analysis of the special tax allocation fund
26    which sets forth:

 

 

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

 

 

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1            (D) Seller of property.
2        (7) A statement setting forth all activities
3    undertaken in furtherance of the objectives of the
4    redevelopment plan, including:
5            (A) Any project implemented in the preceding
6        fiscal year.
7            (B) A description of the redevelopment activities
8        undertaken.
9            (C) A description of any agreements entered into by
10        the municipality with regard to the disposition or
11        redevelopment of any property within the redevelopment
12        project area or the area within the State Sales Tax
13        Boundary.
14            (D) Additional information on the use of all funds
15        received under this Division and steps taken by the
16        municipality to achieve the objectives of the
17        redevelopment plan.
18            (E) Information regarding contracts that the
19        municipality's tax increment advisors or consultants
20        have entered into with entities or persons that have
21        received, or are receiving, payments financed by tax
22        increment revenues produced by the same redevelopment
23        project area.
24            (F) Any reports submitted to the municipality by
25        the joint review board.
26            (G) A review of public and, to the extent possible,

 

 

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1        private investment actually undertaken to date after
2        the effective date of this amendatory Act of the 91st
3        General Assembly and estimated to be undertaken during
4        the following year. This review shall, on a
5        project-by-project basis, set forth the estimated
6        amounts of public and private investment incurred
7        after the effective date of this amendatory Act of the
8        91st General Assembly and provide the ratio of private
9        investment to public investment to the date of the
10        report and as estimated to the completion of the
11        redevelopment project.
12        (8) With regard to any obligations issued by the
13    municipality:
14            (A) copies of any official statements; and
15            (B) an analysis prepared by financial advisor or
16        underwriter setting forth: (i) nature and term of
17        obligation; and (ii) projected debt service including
18        required reserves and debt coverage.
19        (9) For special tax allocation funds that have
20    experienced cumulative deposits of incremental tax
21    revenues of $100,000 or more, a certified audit report
22    reviewing compliance with this Act performed by an
23    independent public accountant certified and licensed by
24    the authority of the State of Illinois. The financial
25    portion of the audit must be conducted in accordance with
26    Standards for Audits of Governmental Organizations,

 

 

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1    Programs, Activities, and Functions adopted by the
2    Comptroller General of the United States (1981), as
3    amended, or the standards specified by Section 8-8-5 of the
4    Illinois Municipal Auditing Law of the Illinois Municipal
5    Code. The audit report shall contain a letter from the
6    independent certified public accountant indicating
7    compliance or noncompliance with the requirements of
8    subsection (q) of Section 11-74.4-3. For redevelopment
9    plans or projects that would result in the displacement of
10    residents from 10 or more inhabited residential units or
11    that contain 75 or more inhabited residential units, notice
12    of the availability of the information, including how to
13    obtain the report, required in this subsection shall also
14    be sent by mail to all residents or organizations that
15    operate in the municipality that register with the
16    municipality for that information according to
17    registration procedures adopted under Section 11-74.4-4.2.
18    All municipalities are subject to this provision.
19        (10) A list of all intergovernmental agreements in
20    effect during the fiscal year to which the municipality is
21    a party and an accounting of any moneys transferred or
22    received by the municipality during that fiscal year
23    pursuant to those intergovernmental agreements.
24        (11) A detailed list of jobs created during the fiscal
25    year, both temporary and permanent, along with a
26    description of whether the jobs are in the public or

 

 

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1    private sector.
2    (d-1) Prior to the effective date of this amendatory Act of
3the 91st General Assembly, municipalities with populations of
4over 1,000,000 shall, after adoption of a redevelopment plan or
5project, make available upon request to any taxing district in
6which the redevelopment project area is located the following
7information:
8        (1) Any amendments to the redevelopment plan, the
9    redevelopment project area, or the State Sales Tax
10    Boundary; and
11        (2) In connection with any redevelopment project area
12    for which the municipality has outstanding obligations
13    issued to provide for redevelopment project costs pursuant
14    to Section 11-74.4-7, audited financial statements of the
15    special tax allocation fund.
16    (e) The joint review board shall meet annually 180 days
17after the close of the municipal fiscal year or as soon as the
18redevelopment project audit for that fiscal year becomes
19available to review the effectiveness and status of the
20redevelopment project area up to that date.
21    (f) (Blank).
22    (g) In the event that a municipality has held a public
23hearing under this Section prior to March 14, 1994 (the
24effective date of Public Act 88-537), the requirements imposed
25by Public Act 88-537 relating to the method of fixing the time
26and place for public hearing, the materials and information

 

 

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

 

 

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1redevelopment project area, and (v) any other relevant
2evaluation or performance data. Within 30 days after the
3municipality compiles the status report, the municipality must
4hold at least one public hearing concerning the report. The
5municipality must provide 20 days' public notice of the
6hearing.
7    (j) Beginning in fiscal year 2011 and in each fiscal year
8thereafter, a municipality must detail in its annual budget (i)
9the revenues generated from redevelopment project areas by
10source and (ii) the expenditures made by the municipality for
11redevelopment project areas.
12(Source: P.A. 96-1335, eff. 7-27-10.)
 
13    (65 ILCS 5/11-74.6-22)
14    Sec. 11-74.6-22. Adoption of ordinance; requirements;
15changes.
16    (a) Before adoption of an ordinance proposing the
17designation of a redevelopment planning area or a redevelopment
18project area, or both, or approving a redevelopment plan or
19redevelopment project, the municipality or commission
20designated pursuant to subsection (l) of Section 11-74.6-15
21shall fix by ordinance or resolution a time and place for
22public hearing. Prior to the adoption of the ordinance or
23resolution establishing the time and place for the public
24hearing, the municipality shall make available for public
25inspection a redevelopment plan or a report that provides in

 

 

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1sufficient detail, the basis for the eligibility of the
2redevelopment project area. The report along with the name of a
3person to contact for further information shall be sent to the
4affected taxing district by certified mail within a reasonable
5time following the adoption of the ordinance or resolution
6establishing the time and place for the public hearing.
7    At the public hearing any interested person or affected
8taxing district may file with the municipal clerk written
9objections to the ordinance and may be heard orally on any
10issues that are the subject of the hearing. The municipality
11shall hear and determine all alternate proposals or bids for
12any proposed conveyance, lease, mortgage or other disposition
13of land and all protests and objections at the hearing and the
14hearing may be adjourned to another date without further notice
15other than a motion to be entered upon the minutes fixing the
16time and place of the later hearing. At the public hearing or
17at any time prior to the adoption by the municipality of an
18ordinance approving a redevelopment plan, the municipality may
19make changes in the redevelopment plan. Changes which (1) add
20additional parcels of property to the proposed redevelopment
21project area, (2) substantially affect the general land uses
22proposed in the redevelopment plan, or (3) substantially change
23the nature of or extend the life of the redevelopment project
24shall be made only after the municipality gives notice,
25convenes a joint review board, and conducts a public hearing
26pursuant to the procedures set forth in this Section and in

 

 

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1Section 11-74.6-25. Changes which do not (1) add additional
2parcels of property to the proposed redevelopment project area,
3(2) substantially affect the general land uses proposed in the
4redevelopment plan, or (3) substantially change the nature of
5or extend the life of the redevelopment project may be made
6without further hearing, provided that the municipality shall
7give notice of any such changes by mail to each affected taxing
8district and by publication in a newspaper of general
9circulation within the affected taxing district. Such notice by
10mail and by publication shall each occur not later than 10 days
11following the adoption by ordinance of such changes.
12    (b) Before adoption of an ordinance proposing the
13designation of a redevelopment planning area or a redevelopment
14project area, or both, or amending the boundaries of an
15existing redevelopment project area or redevelopment planning
16area, or both, the municipality shall convene a joint review
17board to consider the proposal. The board shall consist of a
18representative selected by each taxing district that has
19authority to levy real property taxes on the property within
20the proposed redevelopment project area and that has at least
215% of its total equalized assessed value located within the
22proposed redevelopment project area, a representative selected
23by the municipality and a public member. The public member and
24the board's chairperson shall be selected by a majority of
25other board members.
26    All board members shall be appointed and the first board

 

 

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

 

 

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1the board has found that the redevelopment project area
2satisfies the eligibility criteria.
3    (c) After a municipality has by ordinance approved a
4redevelopment plan and designated a redevelopment planning
5area or a redevelopment project area, or both, the plan may be
6amended and additional properties may be added to the
7redevelopment project area only as herein provided. Amendments
8which (1) add additional parcels of property to the proposed
9redevelopment project area, (2) substantially affect the
10general land uses proposed in the redevelopment plan, (3)
11substantially change the nature of the redevelopment project,
12(4) increase the total estimated redevelopment project costs
13set out in the redevelopment plan by more than 5% after
14adjustment for inflation from the date the plan was adopted, or
15(5) add additional redevelopment project costs to the itemized
16list of redevelopment project costs set out in the
17redevelopment plan shall be made only after the municipality
18gives notice, convenes a joint review board, and conducts a
19public hearing pursuant to the procedures set forth in this
20Section and in Section 11-74.6-25. Changes which do not (1) add
21additional parcels of property to the proposed redevelopment
22project area, (2) substantially affect the general land uses
23proposed in the redevelopment plan, (3) substantially change
24the nature of the redevelopment project, (4) increase the total
25estimated redevelopment project cost set out in the
26redevelopment plan by more than 5% after adjustment for

 

 

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1inflation from the date the plan was adopted, or (5) add
2additional redevelopment project costs to the itemized list of
3redevelopment project costs set out in the redevelopment plan
4may be made without further hearing, provided that the
5municipality shall give notice of any such changes by mail to
6each affected taxing district and by publication in a newspaper
7of general circulation within the affected taxing district.
8Such notice by mail and by publication shall each occur not
9later than 10 days following the adoption by ordinance of such
10changes.
11    (d) After the effective date of this amendatory Act of the
1291st General Assembly, a municipality shall submit the
13following information for each redevelopment project area (i)
14to the State Comptroller under Section 8-8-3.5 of the Illinois
15Municipal Code and (ii) to all taxing districts overlapping the
16redevelopment project area no later than 180 days after the
17close of each municipal fiscal year or as soon thereafter as
18the audited financial statements become available and, in any
19case, shall be submitted before the annual meeting of the joint
20review board to each of the taxing districts that overlap the
21redevelopment project area:
22        (1) Any amendments to the redevelopment plan, or the
23    redevelopment project area.
24        (1.5) A list of the redevelopment project areas
25    administered by the municipality and, if applicable, the
26    date each redevelopment project area was designated or

 

 

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1    terminated by the municipality.
2        (2) Audited financial statements of the special tax
3    allocation fund once a cumulative total of $100,000 of tax
4    increment revenues has been deposited in the fund.
5        (3) Certification of the Chief Executive Officer of the
6    municipality that the municipality has complied with all of
7    the requirements of this Act during the preceding fiscal
8    year.
9        (4) An opinion of legal counsel that the municipality
10    is in compliance with this Act.
11        (5) An analysis of the special tax allocation fund
12    which sets forth:
13            (A) the balance in the special tax allocation fund
14        at the beginning of the fiscal year;
15            (B) all amounts deposited in the special tax
16        allocation fund by source;
17            (C) an itemized list of all expenditures from the
18        special tax allocation fund by category of permissible
19        redevelopment project cost; and
20            (D) the balance in the special tax allocation fund
21        at the end of the fiscal year including a breakdown of
22        that balance by source and a breakdown of that balance
23        identifying any portion of the balance that is
24        required, pledged, earmarked, or otherwise designated
25        for payment of or securing of obligations and
26        anticipated redevelopment project costs. Any portion

 

 

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1        of such ending balance that has not been identified or
2        is not identified as being required, pledged,
3        earmarked, or otherwise designated for payment of or
4        securing of obligations or anticipated redevelopment
5        project costs shall be designated as surplus as set
6        forth in Section 11-74.6-30 hereof.
7        (6) A description of all property purchased by the
8    municipality within the redevelopment project area
9    including:
10            (A) Street address.
11            (B) Approximate size or description of property.
12            (C) Purchase price.
13            (D) Seller of property.
14        (7) A statement setting forth all activities
15    undertaken in furtherance of the objectives of the
16    redevelopment plan, including:
17            (A) Any project implemented in the preceding
18        fiscal year.
19            (B) A description of the redevelopment activities
20        undertaken.
21            (C) A description of any agreements entered into by
22        the municipality with regard to the disposition or
23        redevelopment of any property within the redevelopment
24        project area.
25            (D) Additional information on the use of all funds
26        received under this Division and steps taken by the

 

 

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1        municipality to achieve the objectives of the
2        redevelopment plan.
3            (E) Information regarding contracts that the
4        municipality's tax increment advisors or consultants
5        have entered into with entities or persons that have
6        received, or are receiving, payments financed by tax
7        increment revenues produced by the same redevelopment
8        project area.
9            (F) Any reports submitted to the municipality by
10        the joint review board.
11            (G) A review of public and, to the extent possible,
12        private investment actually undertaken to date after
13        the effective date of this amendatory Act of the 91st
14        General Assembly and estimated to be undertaken during
15        the following year. This review shall, on a
16        project-by-project basis, set forth the estimated
17        amounts of public and private investment incurred
18        after the effective date of this amendatory Act of the
19        91st General Assembly and provide the ratio of private
20        investment to public investment to the date of the
21        report and as estimated to the completion of the
22        redevelopment project.
23        (8) With regard to any obligations issued by the
24    municipality:
25            (A) copies of any official statements; and
26            (B) an analysis prepared by financial advisor or

 

 

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1        underwriter setting forth: (i) nature and term of
2        obligation; and (ii) projected debt service including
3        required reserves and debt coverage.
4        (9) For special tax allocation funds that have received
5    cumulative deposits of incremental tax revenues of
6    $100,000 or more, a certified audit report reviewing
7    compliance with this Act performed by an independent public
8    accountant certified and licensed by the authority of the
9    State of Illinois. The financial portion of the audit must
10    be conducted in accordance with Standards for Audits of
11    Governmental Organizations, Programs, Activities, and
12    Functions adopted by the Comptroller General of the United
13    States (1981), as amended, or the standards specified by
14    Section 8-8-5 of the Illinois Municipal Auditing Law of the
15    Illinois Municipal Code. The audit report shall contain a
16    letter from the independent certified public accountant
17    indicating compliance or noncompliance with the
18    requirements of subsection (o) of Section 11-74.6-10.
19        (10) A detailed list of jobs created during the fiscal
20    year, both temporary and permanent, along with a
21    description of whether the jobs are in the public or
22    private sector.
23    (e) The joint review board shall meet annually 180 days
24after the close of the municipal fiscal year or as soon as the
25redevelopment project audit for that fiscal year becomes
26available to review the effectiveness and status of the

 

 

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1redevelopment project area up to that date.
2(Source: P.A. 91-474, eff. 11-1-99; 91-900, eff. 7-6-00.)".