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Public Act 097-0591
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| SB0539 Enrolled | LRB097 04328 KMW 44367 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Section 11-74.6-15 as follows:
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(65 ILCS 5/11-74.6-15)
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Sec. 11-74.6-15. Municipal Powers and Duties. A |
municipality may:
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(a) By ordinance introduced in the governing body of the |
municipality
within 14 to 90 days from the final adjournment of |
the hearing specified in
Section 11-74.6-22, approve |
redevelopment plans and redevelopment
projects, and designate |
redevelopment planning areas and redevelopment project
areas |
pursuant to notice and
hearing required by this Act. No |
redevelopment planning area or redevelopment
project area |
shall be
designated unless a plan and project are approved |
before the designation of
the area and the area shall include |
only those parcels of real
property and improvements on those |
parcels 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 |
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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
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consistent with subsection (a) of Section 11-74.6-40, and a
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list of the parcel or tax identification number of each parcel |
of property
included in the redevelopment project area.
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(b) Make and enter into all contracts necessary or |
incidental to the
implementation and furtherance of its |
redevelopment plan and project.
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(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 to that property, |
all in the manner and at a price that 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 the |
municipal property shall be made or executed except
pursuant to |
prior official action of the corporate authorities of the
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municipality. No conveyance,
lease, mortgage, or other |
disposition of land owned by a municipality, and
no agreement |
relating to the
development of the municipal property, shall be |
made without making public
disclosure of
the terms and the |
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disposition of all bids and proposals submitted to the
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municipality in connection therewith. The procedures for |
obtaining the bids
and proposals
shall provide reasonable |
opportunity for any person to submit alternative
proposals
or |
bids.
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(d) Within a redevelopment project area, clear any area by
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demolition or removal of any existing buildings, structures, |
fixtures,
utilities or improvements, and to clear and grade |
land.
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(e) Within a redevelopment project area, renovate or |
rehabilitate or
construct any structure or building, as |
permitted under this Law.
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(f) Within or without a redevelopment project area, |
install, repair,
construct, reconstruct or relocate streets,
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utilities and site improvements essential to the preparation of |
the
redevelopment area for use in accordance with a |
redevelopment plan.
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(g) Within a redevelopment project area, fix, charge and |
collect fees,
rents and charges for the use of all or any part |
of any building or
property owned or leased by it.
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(h) Issue obligations as provided in this Act.
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(i) 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.
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(j) Acquire and construct public facilities within a |
redevelopment
project area, as permitted under this Law.
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(k) Incur, pay or cause to be paid redevelopment project |
costs; 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
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for planning and other eligible costs authorized by municipal |
ordinance or
resolution that are subsequently included in the |
redevelopment plan for the
area and are incurred after the |
ordinance or resolution is adopted) that are
not consistent |
with the program for
accomplishing the objectives of the
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redevelopment plan as included in that plan and approved by the
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municipality until the municipality has amended
the |
redevelopment plan as provided elsewhere in this Law.
Any |
payments to be made by the municipality to redevelopers or |
other
nongovernmental persons for redevelopment project costs |
incurred by
such redeveloper or other nongovernmental person |
shall be made only pursuant
to the prior official action of the |
municipality evidencing an intent to
pay or cause to be paid |
such redevelopment project costs. A
municipality is not |
required to obtain any right, title or interest in any
real or |
personal property in order to pay redevelopment project
costs |
associated with such property. The municipality shall adopt |
such
accounting procedures as may be necessary to determine |
that such redevelopment
project costs are properly paid.
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(l) 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 |
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board of the municipality. Members of a
commission appointed |
after the effective date of this Law
shall be appointed for |
initial terms of 1, 2, 3, 4 and 5 years,
respectively, in |
numbers so that the terms of not more than
1/3 of all members |
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 of the municipality, may exercise the
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powers enumerated in this Section. The commission shall also |
have the power
to hold the public hearings required by this Act |
and make recommendations
to the corporate authorities |
concerning the adoption of redevelopment
plans, redevelopment |
projects and designation of redevelopment project areas.
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(m) Make payment in lieu of all or a portion of real |
property taxes due
to taxing districts. If payments in lieu of |
all or a portion of taxes are
made to taxing districts, those |
payments shall be made to all districts
within a redevelopment |
project area on a basis that is proportional to the
current |
collection of revenue which each taxing district receives from |
real
property in the redevelopment project area.
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(n) Exercise any and all other powers necessary to |
effectuate the
purposes of this Act.
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(o) In conjunction with other municipalities, 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 allocation financing with respect to a redevelopment
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project area that includes contiguous real property within the |
boundaries
of the municipalities, and, by agreement between |
participating
municipalities, to issue obligations, separately |
or jointly, and expend
revenues received under this Act for |
eligible expenses anywhere within
contiguous redevelopment |
project areas or as otherwise permitted in the Act. Two or more |
municipalities may designate a joint redevelopment project |
area under this subsection (o) for a single Industrial Park |
Conservation Area comprising of property within or near the |
boundaries of each municipality if: (i) both municipalities are |
located within the same Metropolitan Statistical Area, as |
defined by the United States Office of Management and Budget, |
(ii) the 4-year average unemployment rate for that Metropolitan |
Statistical Area was at least 11.3%, and (iii) at least one |
participating municipality demonstrates that it has made |
commitments to acquire capital assets to commence the project |
and that the acquisition will occur on or before December 31, |
2011. The joint redevelopment project area must encompass an |
interstate highway exchange for access and be located, in part, |
adjacent to a landfill or other solid waste disposal facility.
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(p) Create an Industrial Jobs Recovery Advisory Committee |
of not more
than 15 members 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 that |
Committee shall be appointed for initial
terms of 1, 2, and 3 |
years respectively, in numbers so that the terms of
not more |
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than 1/3 of all members expire in any one year. Their |
successors
shall be appointed for a term of 3 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. The Committee may
also promote and publicize |
development opportunities in the redevelopment
project area.
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(q) If a redevelopment project has not been initiated in a |
redevelopment
project area within 5 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. Initiation of a redevelopment
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project shall be evidenced by either a signed redevelopment |
agreement or
expenditures on eligible redevelopment project |
costs associated with a
redevelopment project.
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(r) Within a redevelopment planning area, transfer or loan |
tax increment
revenues from one redevelopment project area to |
another redevelopment project
area for expenditure on eligible |
costs in the receiving area.
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(s) Use tax increment revenue produced in a redevelopment |
project area
created under this Law by transferring or loaning |
such revenues to a
redevelopment project area created under the |
Tax Increment Allocation
Redevelopment Act that is either |
contiguous to, or separated only by a public
right of way from, |