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SB2348 Engrossed |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Section 11-74.4-4 as follows:
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| (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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| Sec. 11-74.4-4. Municipal powers and duties; redevelopment |
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| project
areas. A municipality may:
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| (a) The changes made by this amendatory Act of the 91st |
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| General Assembly
do not apply to a municipality that, (i) |
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| before the effective date of this
amendatory Act of the 91st |
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| General Assembly, has adopted an ordinance or
resolution fixing |
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| a time and place for a
public hearing under Section 11-74.4-5 |
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| or (ii) before July 1, 1999, has
adopted an ordinance or |
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| resolution providing for a feasibility study under
Section |
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| 11-74.4-4.1, but has not yet adopted an ordinance
approving |
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| redevelopment plans and redevelopment projects or designating
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| redevelopment project areas under this Section, until after |
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| that
municipality adopts an ordinance
approving redevelopment |
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| plans and redevelopment projects or designating
redevelopment |
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| project areas under this Section; thereafter the changes made |
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| by
this amendatory Act of the 91st General Assembly apply to |
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| the same extent that
they apply to
redevelopment plans and |
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| redevelopment projects that were approved and
redevelopment |
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| projects that were designated before the effective date of this
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| amendatory Act of the 91st General Assembly.
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| By ordinance introduced in the
governing body of the |
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| municipality within 14 to 90 days from the completion
of the |
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| hearing specified in Section 11-74.4-5
approve redevelopment |
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| plans and redevelopment projects, and designate
redevelopment |
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| project areas pursuant to notice and hearing required by this
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| Act. No redevelopment project area shall be designated unless a |
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| plan and
project are approved
prior to the designation of such |
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| area and such area
shall include only those contiguous parcels |
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| of real property and
improvements thereon substantially |
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| benefited by the proposed redevelopment
project improvements.
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| Upon adoption of the ordinances, the municipality shall |
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| forthwith transmit to
the county clerk of the county or |
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| counties within which the redevelopment
project area is located |
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| a certified copy of the ordinances, a legal description
of the |
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| redevelopment project area, a map of the redevelopment project |
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| area,
identification of the year that the county clerk shall |
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| use for determining the
total initial equalized assessed value |
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| of the redevelopment project area
consistent with subsection |
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| (a) of Section 11-74.4-9, and a
list of the parcel or tax |
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| identification number of each parcel of property
included in |
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| the redevelopment project area.
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| (b) Make and enter into all contracts with property owners, |
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| developers,
tenants, overlapping taxing bodies, and others |
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| necessary or incidental to the
implementation and furtherance |
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| of its redevelopment plan and project.
Contract provisions |
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| concerning loan repayment obligations in contracts
entered |
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| into on or after the effective date of this amendatory Act
of
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| the 93rd
General Assembly shall terminate no later than the |
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| last to occur of the
estimated dates of
completion of the
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| redevelopment project and retirement of the obligations issued |
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| to finance
redevelopment
project costs as required by item (3) |
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| of subsection (n) of Section 11-74.4-3.
Payments received under
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| contracts entered
into by the
municipality prior to the |
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| effective date of this amendatory Act of the 93rd
General
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| Assembly that are received after the redevelopment project area |
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| has been
terminated by
municipal ordinance shall be deposited |
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| into a special fund of the municipality
to be used
for other |
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| community redevelopment needs within the redevelopment project
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| area.
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| (c) Within a redevelopment project area, acquire by |
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| purchase, donation,
lease or
eminent domain; own, convey, |
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| lease, mortgage or dispose of land
and other property, real or |
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| personal, or rights or interests therein, and
grant or acquire |
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| licenses, easements and options with respect thereto, all
in |
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| the manner and at such price the municipality determines is |
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| reasonably
necessary to achieve the objectives of the |
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| redevelopment plan and project.
No conveyance, lease, |
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| mortgage, disposition of land or other property owned
by a |
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| municipality, or
agreement relating to the development of such |
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| municipal property
shall be
made except
upon the adoption of an |
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| ordinance by the corporate authorities of the
municipality. |
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| Furthermore, no conveyance, lease, mortgage, or other
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| disposition of land owned by a municipality or agreement |
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| relating to the
development of such municipal property
shall be |
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| made without making public disclosure of the terms of the
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| disposition and all bids and proposals made in response to the
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| municipality's request. The procedures for obtaining such bids |
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| and
proposals shall provide reasonable opportunity for any |
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| 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 and structures.
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| (e) Within a redevelopment project area, renovate or |
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| rehabilitate or
construct any structure or building, as |
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| permitted under this Act.
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| (f) Install, repair, construct, reconstruct or relocate |
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| streets, utilities
and site improvements essential to the |
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| preparation of the redevelopment
area for use in accordance |
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| with a redevelopment plan.
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| (g) Within a redevelopment project area, fix, charge and |
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| collect fees,
rents and charges for the use of any building or |
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| property owned or leased
by it or any part thereof, or facility |
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| therein.
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| (h) Accept grants, guarantees and donations of property, |
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| labor, or other
things of value from a public or private source |
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| for use within a project
redevelopment area.
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| (i) Acquire and construct public facilities within a |
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| redevelopment project
area, as permitted under this Act.
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| (j) Incur project redevelopment costs and reimburse |
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| developers who incur
redevelopment project costs authorized by |
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| a redevelopment agreement; provided,
however, that on and
after |
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| the effective date of this amendatory
Act of the 91st General |
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| Assembly, no municipality shall incur redevelopment
project |
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| costs (except for planning costs and any other eligible costs
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| authorized by municipal ordinance or resolution that are |
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| subsequently included
in the
redevelopment plan for the area |
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| and are incurred by the municipality after the
ordinance or |
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| resolution is adopted)
that are
not consistent with the program |
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| for
accomplishing the objectives of the
redevelopment plan as |
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| included in that plan and approved by the
municipality until |
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| the municipality has amended
the redevelopment plan as provided |
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| elsewhere in this Act.
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| (k) Create a commission of not less than 5 or more than 15 |
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| persons to
be appointed by the mayor or president of the |
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| municipality with the consent
of the majority of the governing |
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| board of the municipality. Members of a
commission appointed |
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| after the effective date of this amendatory Act of
1987 shall |
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| be appointed for initial terms of 1, 2, 3, 4 and 5 years,
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| respectively, in such numbers as to provide that the terms of |
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| not more than
1/3 of all such members shall expire in any one |
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| year. Their successors
shall be appointed for a term of 5 |
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| years. The commission, subject to
approval of the corporate |
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| authorities may exercise the powers enumerated in
this Section. |
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| The commission shall also have the power to hold the public
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| hearings required by this division and make recommendations to |
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| the
corporate authorities concerning the adoption of |
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| redevelopment plans,
redevelopment projects and designation of |
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| redevelopment project areas.
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| (l) Make payment in lieu of taxes or a portion thereof to |
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| taxing districts.
If payments in lieu of taxes or a portion |
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| thereof are made to taxing districts,
those payments shall be |
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| made to all districts within a project redevelopment
area on a |
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| basis which is proportional to the current collections of |
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| revenue
which each taxing district receives from real property |
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| in the redevelopment
project area.
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| (m) Exercise any and all other powers necessary to |
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| effectuate the purposes
of this Act.
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| (n) If any member of the corporate authority, a member of a |
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| commission
established pursuant to Section 11-74.4-4(k) of |
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| this Act, or an employee
or consultant of the municipality |
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| involved in the planning and preparation
of a redevelopment |
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| plan, or project for a redevelopment project area or
proposed |
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| redevelopment project area, as defined in Sections |
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| 11-74.4-3(i)
through (k) of this Act, owns or controls an |
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| interest, direct or indirect,
in any property included in any |
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| redevelopment area, or proposed
redevelopment area, he or she |
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| shall disclose the same in writing to the
clerk of the |
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| municipality, and shall also so disclose the dates and terms
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| and conditions of any disposition of any such interest, which |
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| disclosures
shall be acknowledged by the corporate authorities |
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| and entered upon the
minute books of the corporate authorities. |
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| If an individual
holds such an interest then that individual |
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| shall refrain from any further
official involvement in regard |
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| to such redevelopment plan, project or area,
from voting on any |
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| matter pertaining to such redevelopment plan, project
or area, |
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| or communicating with other members concerning corporate |
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| authorities,
commission or employees concerning any matter |
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| pertaining to said redevelopment
plan, project or area. |
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| Furthermore, no such member or employee shall acquire
of any |
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| interest direct, or indirect, in any property in a |
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| redevelopment
area or proposed redevelopment area after either |
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| (a) such individual obtains
knowledge of such plan, project or |
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| area or (b) first public notice of such
plan, project or area |
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| pursuant to Section 11-74.4-6 of this Division, whichever
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| occurs first.
For the
purposes of this subsection, a property |
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| interest
acquired in a
single parcel of property by a member of |
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| the corporate authority, which
property
is used
exclusively as |
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| the member's primary residence, shall not be deemed to
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| constitute an
interest in any property included in a |
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| redevelopment area or proposed
redevelopment area
that was |
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| established before December 31, 1989 , but the member must |
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| disclose the
acquisition to the municipal clerk under the |
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| provisions of this subsection.
For the purposes of this |
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| subsection, a month-to-month leasehold interest
in a single |
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| parcel of property by a member of the corporate authority
shall |
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| not be deemed to constitute an interest in any property |
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| included in any
redevelopment area or proposed redevelopment |
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| area, but the member must disclose
the interest to the |
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| municipal clerk under the provisions of this subsection.
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| (o) Create a Tax Increment Economic Development Advisory |
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| Committee to
be appointed by the Mayor or President of the |
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| municipality with the consent
of the majority of the governing |
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| board of the municipality, the members of
which Committee shall |
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| be appointed for initial terms of 1, 2, 3, 4 and 5
years |
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| respectively, in such numbers as to provide that the terms of |
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| not
more than 1/3 of all such members shall expire in any one |
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| year. Their
successors shall be appointed for a term of 5 |
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| years. The Committee shall
have none of the powers enumerated |
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| in this Section. The Committee shall
serve in an advisory |
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| capacity only. The Committee may advise the governing
Board of |
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| the municipality and other municipal officials regarding
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| development issues and opportunities within the redevelopment |
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| project area
or the area within the State Sales Tax Boundary. |
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| The Committee may also
promote and publicize development |
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| opportunities in the redevelopment
project area or the area |
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| within the State Sales Tax Boundary.
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| (p) Municipalities may jointly undertake and perform |
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| redevelopment plans
and projects and utilize the provisions of |
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| the Act wherever they have
contiguous redevelopment project |
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| areas or they determine to adopt tax
increment financing with |
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| respect to a redevelopment project area which
includes |
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| contiguous real property within the boundaries of the
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| municipalities, and in doing so, they may, by agreement between
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| municipalities, issue obligations, separately or jointly, and |
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| expend
revenues received under the Act for eligible expenses |
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| anywhere within
contiguous redevelopment project areas or as |
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| otherwise permitted in the Act.
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| (q) Utilize revenues, other than State sales tax increment |
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| revenues,
received under this Act from one redevelopment |
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| project area for
eligible
costs in another redevelopment |
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| project area that is:
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| (i) contiguous to the redevelopment project area from |
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| which the revenues are received; |
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| (ii) separated only by a public right of way from the |
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| redevelopment project area from which the revenues are |
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| received; or |
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| (iii) separated only by forest preserve property from |
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| the redevelopment project
area from which the revenues are |
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| received if the closest boundaries of the redevelopment |
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| project areas that are separated by the forest preserve |
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| property are less than one mile apart.
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| Utilize tax increment revenues for eligible costs that are |
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| received from a
redevelopment project area created under the |
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| Industrial Jobs Recovery Law that
is either contiguous to, or |
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| is separated only by a public right of way from,
the |
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| redevelopment project area created under this Act which |
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| initially receives
these revenues. Utilize revenues, other |
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| than State sales tax increment
revenues, by transferring or |
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| loaning such revenues to a redevelopment project
area created |
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| under the Industrial Jobs Recovery Law that is either |
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| contiguous
to, or separated only by a public right of way from |
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| the redevelopment project
area that initially produced and |
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| received those revenues; and, if the
redevelopment
project area |
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| (i) was established before the effective date of this |
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| amendatory
Act of the 91st General Assembly and (ii) is located |
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| within a municipality with
a population of more than 100,000,
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| utilize revenues or proceeds of obligations authorized by |
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| Section 11-74.4-7 of
this
Act, other than use or occupation tax |
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| revenues, to pay for any redevelopment
project costs as defined |
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| by subsection (q) of Section 11-74.4-3 to the extent
that the |
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| redevelopment project costs involve public property that is |
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| either
contiguous to, or separated only by a public right of |
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| way from, a redevelopment
project area whether or not |
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| redevelopment project costs or the source of
payment for the |
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| costs are specifically set forth in the redevelopment plan for
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| the redevelopment project area.
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| (r) If no redevelopment project has been initiated in a
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| redevelopment
project area within 7 years after the area was |
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| designated by ordinance under
subsection (a), the municipality |
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| shall adopt an ordinance repealing the area's
designation as a |
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| redevelopment project area; provided, however, that if an area
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| received its
designation more than 3 years before the effective |
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| date of this amendatory Act
of 1994 and no redevelopment |
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| project has been initiated
within 4 years after the effective |
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| date of this amendatory Act of 1994, the
municipality shall |
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| adopt an ordinance repealing its designation as a
redevelopment |
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| project area. Initiation of a redevelopment project shall be
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| evidenced by either a signed redevelopment agreement or |
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| expenditures on
eligible redevelopment project costs |
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| associated with a redevelopment project.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-298, eff. 7-23-03; |
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| 93-961, eff. 1-1-05; 93-1098, eff. 1-1-06 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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