Public Act 093-1098
 
HB0834 Enrolled LRB093 05634 WGH 05727 b

    AN ACT in relation to municipal government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 7-1-1 and 11-74.4-4 as follows:
 
    (65 ILCS 5/7-1-1)  (from Ch. 24, par. 7-1-1)
    Sec. 7-1-1. Annexation of contiguous territory. Any
territory that is not within the corporate limits of any
municipality but is contiguous to a municipality may be annexed
to the municipality as provided in this Article. For the
purposes of this Article any territory to be annexed to a
municipality shall be considered to be contiguous to the
municipality notwithstanding that the territory is separated
from the municipality by a strip parcel or railroad or public
utility right-of-way, but upon annexation the area included
within that strip parcel or right-of-way shall not be
considered to be annexed to the municipality. For purposes of
this Section, "strip parcel" means a separation no wider than
30 feet between the territory to be annexed and the municipal
boundary.
    Except in counties with a population of more than 500,000
but less than 3,000,000, territory which is not contiguous to a
municipality but is separated therefrom only by a forest
preserve district or open land or open space that is part of an
open space program, as defined in Section 115-5 of the Township
Code, may be annexed to the municipality pursuant to Sections
7-1-7 or 7-1-8, but only if the annexing municipality can show
that the forest preserve district, open land, or open space
creates an artificial barrier preventing the annexation and
that the location of the forest preserve district, open land,
or open space property prevents the orderly natural growth of
the annexing municipality. It shall be conclusively presumed
that the forest preserve district, open land, or open space
does not create an artificial barrier if the property sought to
be annexed is bounded on at least 3 sides by (i) one or more
other municipalities (other than the municipality seeking
annexation through the existing forest preserve district, open
land, or open space), (ii) forest preserve district property,
open land, or open space, or (iii) a combination of other
municipalities and forest preserve district property, open
land, or open space. It shall also be conclusively presumed
that the forest preserve district, open land, or open space
does not create an artificial barrier if the municipality
seeking annexation is not the closest municipality to the
property to be annexed. The territory included within such
forest preserve district, open land, or open space shall not be
annexed to the municipality nor shall the territory of the
forest preserve district, open land, or open space be subject
to rights-of-way for access or services between the parts of
the municipality separated by the forest preserve district,
open land, or open space without the consent of the governing
body of the forest preserve district. The changes made to this
Section by this amendatory Act of 91st General Assembly are
declaratory of existing law and shall not be construed as a new
enactment.
    In counties that are contiguous to the Mississippi River
with populations of more than 200,000 but less than 255,000, a
municipality that is partially located in territory that is
wholly surrounded by the Mississippi River and a canal,
connected at both ends to the Mississippi River and located on
property owned by the United States of America, may annex
noncontiguous territory in the surrounded territory under
Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is separated
from the municipality by property owned by the United States of
America, but that federal property shall not be annexed without
the consent of the federal government.
    When any land proposed to be annexed is part of any Fire
Protection District or of any Public Library District and the
annexing municipality provides fire protection or a public
library, as the case may be, the Trustees of each District
shall be notified in writing by certified or registered mail
before any court hearing or other action is taken for
annexation. The notice shall be served 10 days in advance. An
affidavit that service of notice has been had as provided by
this Section must be filed with the clerk of the court in which
the annexation proceedings are pending or will be instituted
or, when no court proceedings are involved, with the recorder
for the county where the land is situated. No annexation of
that land is effective unless service is had and the affidavit
filed as provided in this Section.
    The new boundary shall extend to the far side of any
adjacent highway and shall include all of every highway within
the area annexed. These highways shall be considered to be
annexed even though not included in the legal description set
forth in the petition for annexation. When any land proposed to
be annexed includes any highway under the jurisdiction of any
township, the Township Commissioner of Highways and the Board
of Town Trustees shall be notified in writing by certified or
registered mail before any court hearing or other action is
taken for annexation. In the event that a municipality fails to
notify the Township Commissioner of Highways and the Board of
Town Trustees of the annexation of an area within the township,
the municipality shall reimburse that township for any loss or
liability caused by the failure to give notice. If any
municipality has annexed any area before October 1, 1975, and
the legal description in the petition for annexation did not
include the entire adjacent highway, any such annexation shall
be valid and any highway adjacent to the area annexed shall be
considered to be annexed notwithstanding the failure of the
petition to annex to include the description of the entire
adjacent highway.
    Any annexation, disconnection and annexation, or
disconnection under this Article of any territory must be
reported by certified or registered mail by the corporate
authority initiating the action to the election authorities
having jurisdiction in the territory and the post office
branches serving the territory within 30 days of the
annexation, disconnection and annexation, or disconnection.
    Failure to give notice to the required election authorities
or post office branches will not invalidate the annexation or
disconnection. For purposes of this Section "election
authorities" means the county clerk where the clerk acts as the
clerk of elections or the clerk of the election commission
having jurisdiction.
    No annexation, disconnection and annexation, or
disconnection under this Article of territory having electors
residing therein made (1) before any primary election to be
held within the municipality affected thereby and after the
time for filing petitions as a candidate for nomination to any
office to be chosen at the primary election or (2) within 60
days before any general election to be held within the
municipality shall be effective until the day after the date of
the primary or general election, as the case may be.
    For the purpose of this Section, a toll highway or
connection between parcels via an overpass bridge over a toll
highway shall not be considered a deterrent to the definition
of contiguous territory.
    When territory is proposed to be annexed by court order
under this Article, the corporate authorities or petitioners
initiating the action shall notify each person who pays real
estate taxes on property within that territory unless the
person is a petitioner. The notice shall be served by certified
or registered mail, return receipt requested, at least 20 days
before a court hearing or other court action. If the person who
pays real estate taxes on the property is not the owner of
record, then the payor shall notify the owner of record of the
proposed annexation.
(Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
 
    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. A municipality may:
    (a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st
General Assembly, has adopted an ordinance or resolution fixing
a time and place for a public hearing under Section 11-74.4-5
or (ii) before July 1, 1999, has adopted an ordinance or
resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section, until after
that municipality adopts an ordinance approving redevelopment
plans and redevelopment projects or designating redevelopment
project areas under this Section; thereafter the changes made
by this amendatory Act of the 91st General Assembly apply to
the same extent that they apply to redevelopment plans and
redevelopment projects that were approved and redevelopment
projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
    By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the
hearing specified in Section 11-74.4-5 approve redevelopment
plans and redevelopment projects, and designate redevelopment
project areas pursuant to notice and hearing required by this
Act. No redevelopment project area shall be designated unless a
plan and project are approved prior to the designation of such
area and such area shall include only those contiguous parcels
of real property and improvements thereon substantially
benefited by the proposed redevelopment project improvements.
Upon adoption of the ordinances, the municipality shall
forthwith transmit to the county clerk of the county or
counties within which the redevelopment project area is located
a certified copy of the ordinances, a legal description of the
redevelopment project area, a map of the redevelopment project
area, identification of the year that the county clerk shall
use for determining the total initial equalized assessed value
of the redevelopment project area consistent with subsection
(a) of Section 11-74.4-9, and a list of the parcel or tax
identification number of each parcel of property included in
the redevelopment project area.
    (b) Make and enter into all contracts with property owners,
developers, tenants, overlapping taxing bodies, and others
necessary or incidental to the implementation and furtherance
of its redevelopment plan and project. Contract provisions
concerning loan repayment obligations in contracts entered
into on or after the effective date of this amendatory Act of
the 93rd General Assembly shall terminate no later than the
last to occur of the estimated dates of completion of the
redevelopment project and retirement of the obligations issued
to finance redevelopment project costs as required by item (3)
of subsection (n) of Section 11-74.4-3. Payments received under
contracts entered into by the municipality prior to the
effective date of this amendatory Act of the 93rd General
Assembly that are received after the redevelopment project area
has been terminated by municipal ordinance shall be deposited
into a special fund of the municipality to be used for other
community redevelopment needs within the redevelopment project
area.
    (c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property, real or
personal, or rights or interests therein, and grant or acquire
licenses, easements and options with respect thereto, all in
the manner and at such price the municipality determines is
reasonably necessary to achieve the objectives of the
redevelopment plan and project. No conveyance, lease,
mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of such
municipal property shall be made except upon the adoption of an
ordinance by the corporate authorities of the municipality.
Furthermore, no conveyance, lease, mortgage, or other
disposition of land owned by a municipality or agreement
relating to the development of such municipal property shall be
made without making public disclosure of the terms of the
disposition and all bids and proposals made in response to the
municipality's request. The procedures for obtaining such bids
and proposals shall provide reasonable opportunity for any
person to submit alternative proposals or bids.
    (d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
    (e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Act.
    (f) Install, repair, construct, reconstruct or relocate
streets, utilities and site improvements essential to the
preparation of the redevelopment area for use in accordance
with a redevelopment plan.
    (g) Within a redevelopment project area, fix, charge and
collect fees, rents and charges for the use of any building or
property owned or leased by it or any part thereof, or facility
therein.
    (h) Accept grants, guarantees and donations of property,
labor, or other things of value from a public or private source
for use within a project redevelopment area.
    (i) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Act.
    (j) Incur project redevelopment costs and reimburse
developers who incur redevelopment project costs authorized by
a redevelopment agreement; provided, however, that on and after
the effective date of this amendatory Act of the 91st General
Assembly, no municipality shall incur redevelopment project
costs (except for planning costs and any other eligible costs
authorized by municipal ordinance or resolution that are
subsequently included in the redevelopment plan for the area
and are incurred by the municipality after the ordinance or
resolution is adopted) that are not consistent with the program
for accomplishing the objectives of the redevelopment plan as
included in that plan and approved by the municipality until
the municipality has amended the redevelopment plan as provided
elsewhere in this Act.
    (k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing
board of the municipality. Members of a commission appointed
after the effective date of this amendatory Act of 1987 shall
be appointed for initial terms of 1, 2, 3, 4 and 5 years,
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The commission, subject to approval of the corporate
authorities may exercise the powers enumerated in this Section.
The commission shall also have the power to hold the public
hearings required by this division and make recommendations to
the corporate authorities concerning the adoption of
redevelopment plans, redevelopment projects and designation of
redevelopment project areas.
    (l) Make payment in lieu of taxes or a portion thereof to
taxing districts. If payments in lieu of taxes or a portion
thereof are made to taxing districts, those payments shall be
made to all districts within a project redevelopment area on a
basis which is proportional to the current collections of
revenue which each taxing district receives from real property
in the redevelopment project area.
    (m) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
    (n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of
this Act, or an employee or consultant of the municipality
involved in the planning and preparation of a redevelopment
plan, or project for a redevelopment project area or proposed
redevelopment project area, as defined in Sections
11-74.4-3(i) through (k) of this Act, owns or controls an
interest, direct or indirect, in any property included in any
redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the
municipality, and shall also so disclose the dates and terms
and conditions of any disposition of any such interest, which
disclosures shall be acknowledged by the corporate authorities
and entered upon the minute books of the corporate authorities.
If an individual holds such an interest then that individual
shall refrain from any further official involvement in regard
to such redevelopment plan, project or area, from voting on any
matter pertaining to such redevelopment plan, project or area,
or communicating with other members concerning corporate
authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area.
Furthermore, no such member or employee shall acquire of any
interest direct, or indirect, in any property in a
redevelopment area or proposed redevelopment area after either
(a) such individual obtains knowledge of such plan, project or
area or (b) first public notice of such plan, project or area
pursuant to Section 11-74.4-6 of this Division, whichever
occurs first. For the purposes of this subsection, a property
interest acquired in a single parcel of property by a member of
the corporate authority, which property is used exclusively as
the member's primary residence, shall not be deemed to
constitute an interest in any property included in a
redevelopment area or proposed redevelopment area that was
established before December 31, 1989, but the member must
disclose the acquisition to the municipal clerk under the
provisions of this subsection. For the purposes of this
subsection, a month-to-month leasehold interest in a single
parcel of property by a member of the corporate authority shall
not be deemed to constitute an interest in any property
included in any redevelopment area or proposed redevelopment
area, but the member must disclose the interest to the
municipal clerk under the provisions of this subsection.
    (o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing
board of the municipality, the members of which Committee shall
be appointed for initial terms of 1, 2, 3, 4 and 5 years
respectively, in such numbers as to provide that the terms of
not more than 1/3 of all such members shall expire in any one
year. Their successors shall be appointed for a term of 5
years. The Committee shall have none of the powers enumerated
in this Section. The Committee shall serve in an advisory
capacity only. The Committee may advise the governing Board of
the municipality and other municipal officials regarding
development issues and opportunities within the redevelopment
project area or the area within the State Sales Tax Boundary.
The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area
within the State Sales Tax Boundary.
    (p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of
the Act wherever they have contiguous redevelopment project
areas or they determine to adopt tax increment financing with
respect to a redevelopment project area which includes
contiguous real property within the boundaries of the
municipalities, and in doing so, they may, by agreement between
municipalities, issue obligations, separately or jointly, and
expend revenues received under the Act for eligible expenses
anywhere within contiguous redevelopment project areas or as
otherwise permitted in the Act.
    (q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment
project area for eligible costs in another redevelopment
project area that is:
        (i) either contiguous to the redevelopment project
    area from which the revenues are received;
        (ii) , or is separated only by a public right of way
    from the redevelopment project area from which the revenues
    are received; or
        (iii) separated only by forest preserve property from ,
    the redevelopment project area from which the revenues are
    received if the closest boundaries of the redevelopment
    project areas that are separated by the forest preserve
    property are less than one mile apart.
    Utilize tax increment revenues for eligible costs that are
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or
is separated only by a public right of way from, the
redevelopment project area created under this Act which
initially receives these revenues. Utilize revenues, other
than State sales tax increment revenues, by transferring or
loaning such revenues to a redevelopment project area created
under the Industrial Jobs Recovery Law that is either
contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and
received those revenues; and, if the redevelopment project area
(i) was established before the effective date of this
amendatory Act of the 91st General Assembly and (ii) is located
within a municipality with a population of more than 100,000,
utilize revenues or proceeds of obligations authorized by
Section 11-74.4-7 of this Act, other than use or occupation tax
revenues, to pay for any redevelopment project costs as defined
by subsection (q) of Section 11-74.4-3 to the extent that the
redevelopment project costs involve public property that is
either contiguous to, or separated only by a public right of
way from, a redevelopment project area whether or not
redevelopment project costs or the source of payment for the
costs are specifically set forth in the redevelopment plan for
the redevelopment project area.
    (r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality
shall adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective
date of this amendatory Act of 1994 and no redevelopment
project has been initiated within 4 years after the effective
date of this amendatory Act of 1994, the municipality shall
adopt an ordinance repealing its designation as a redevelopment
project area. Initiation of a redevelopment project shall be
evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs
associated with a redevelopment project.
(Source: P.A. 92-16, eff. 6-28-01; 93-298, eff. 7-23-03;
93-961, eff. 1-1-05.)