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Rep. Thaddeus Jones
Filed: 3/19/2013
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1 | | AMENDMENT TO HOUSE BILL 2572
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2 | | AMENDMENT NO. ______. Amend House Bill 2572 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the Local |
5 | | Government Stabilization Authority. |
6 | | Section 5. Purpose. The purpose of this Act is to implement |
7 | | a pilot program and create a Local Government Stabilization |
8 | | Authority that shall use available resources to facilitate the |
9 | | return of vacant, abandoned, and tax-delinquent properties to |
10 | | productive use thereby combating community deterioration, |
11 | | creating economic growth, and stabilizing the housing and job |
12 | | market. |
13 | | The Authority shall acquire, hold, and transfer interest in |
14 | | real property throughout the township, as approved by the Board |
15 | | of Directors for the following purposes, in a way that is |
16 | | consistent with the goals and priorities established by this |
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1 | | Act: |
2 | | (a) to promote redevelopment and reuse of vacant, |
3 | | abandoned, and tax-delinquent properties; and
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4 | | (b) to support targeted efforts to stabilize |
5 | | neighborhoods; |
6 | | (c) to stimulate residential, commercial and |
7 | | industrial development; and |
8 | | (d) to repair and renovate the homes of senior citizens |
9 | | that have deteriorated over time.
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10 | | This Act shall apply only to townships located in District |
11 | | 28, 29, or 30. |
12 | | Section 10. Definitions. The following words and terms |
13 | | shall have the meanings set forth in this Act, except where |
14 | | otherwise specifically indicated:
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15 | | "Authority" means the Local Government Stabilization |
16 | | Authority. |
17 | | "Board of Directors" means the Board of Directors of the |
18 | | Local Government Stabilization Authority. |
19 | | "Chairperson" means the chairperson of the Local |
20 | | Government Stabilization Authority Board. |
21 | | "Corporate authorities" means the board of trustees of a |
22 | | township located in District 28, 29, or 30. |
23 | | "Director" means the Executive Director of the Local |
24 | | Government Stabilization Authority. |
25 | | "Fiscal Year" means the fiscal year of the Local Government |
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1 | | Stabilization Authority, which shall begin on December 1st of |
2 | | each year and end on the following November 30th. |
3 | | "Member" means a member of the Board of Directors. |
4 | | "Person" means any individual, corporation, limited |
5 | | liability corporation, organization, government, governmental |
6 | | subdivision or agency, business trust, estate, trust, |
7 | | partnership, association, and any other legal entity. |
8 | | "Real estate broker" has the meaning ascribed to it under |
9 | | the Real Estate License Act of 2000. |
10 | | "Real Property" means all land and the buildings thereon, |
11 | | all things permanently attached to land or to the buildings |
12 | | thereon, and any interest existing in, issuing out of, or |
13 | | dependent upon land or the buildings thereon.
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14 | | Section 15. Creation; funding; assets. |
15 | | (a) The corporate authorities may, by ordinance, establish |
16 | | the Local Government Stabilization Authority to be an agency of |
17 | | the township. All personnel, facilities, equipment, and |
18 | | supplies within the Authority shall be governed by a Board of |
19 | | Directors as provided herein. The Board of Directors shall be |
20 | | accountable to the corporate authorities. |
21 | | (b) The Local Government Stabilization Authority shall |
22 | | apply for funding in the sum of $2,000,000 from the Abandoned |
23 | | Residential Property Municipality Relief Program under Section |
24 | | 7.31 of the Illinois Housing Development Act. The Authority |
25 | | shall apply for funding from other State and federal programs, |
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1 | | at the discretion of the Authority.
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2 | | (c) Title to Local Government Stabilization Authority |
3 | | Assets. Except as otherwise provided in this Act, the corporate |
4 | | authorities shall hold title to all Real Property controlled by |
5 | | the Authority.
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6 | | Section 20. Tax-exempt status. The activities of the |
7 | | Authority pursuant to this Act are governmental functions |
8 | | carried out by an instrumentality or political subdivision of |
9 | | the State as described in Section 115 of Title 26 of the United |
10 | | States Internal Revenue Code, or any corresponding provisions |
11 | | of any future tax code. The activities of the Authority shall |
12 | | be construed as governmental functions carried out by a |
13 | | political subdivision of this State, exempt to the extent |
14 | | provided under Illinois law from taxation by this State, |
15 | | including, but not limited to, ad valorem property tax |
16 | | exemption pursuant to the Property Tax Code. |
17 | | Section 25. Authority Board of Directors; appointment.
The |
18 | | Authority shall be governed by a Board of Directors that shall |
19 | | be appointed by the President or Chairman of the corporate |
20 | | authority, subject to approval by the corporate authority, |
21 | | within 45 days of the adoption of an ordinance pursuant to |
22 | | subsection (a) of Section 15 of this Act. The Board of |
23 | | Directors shall be residents of the township. The Board of |
24 | | Directors shall consist of 12 members. |
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1 | | Candidates for the Board of Directors appointed by the |
2 | | corporate authorities shall be selected from the following |
3 | | categories: |
4 | | (1) One corporate authority board member to serve as an |
5 | | Ex-Officio Member with voting rights. The Ex-Officio |
6 | | Member shall serve as a liaison between the corporate |
7 | | authority and the Board of Directors; |
8 | | (2) One representatives recommended by the village |
9 | | President; |
10 | | (3) One representative from the local economic |
11 | | development community; |
12 | | (4) One representative from the banking community; and |
13 | | (5) One representative from a local or State Realtor |
14 | | Association. |
15 | | Section 30. Term of office. Except as otherwise provided in |
16 | | this Section, the members of the Board of Directors appointed |
17 | | under Section 25 shall be appointed for the duration of the |
18 | | pilot program under this Act. |
19 | | Section 35. Chairperson; members of the Board of Directors.
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20 | | (a) The Board of Directors shall select the initial |
21 | | Chairperson of the Board from among the initial members. The |
22 | | Chairperson shall serve a one-year term as
Chairperson and, |
23 | | thereafter, the Board of Directors shall annually elect a |
24 | | Chairperson from among the members. |
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1 | | (1) The Chairperson shall preside at meetings of the |
2 | | Board of Directors and is entitled to vote on all matters |
3 | | before the Board of Directors. |
4 | | (2) A Member may be elected to serve successive terms |
5 | | as Chairperson. |
6 | | (b) The Board of Directors may appoint, from its Members, a |
7 | | Member to serve as the Local Government Stabilization Authority |
8 | | secretary and appoint additional officers from its Members as |
9 | | it may deem appropriate.
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10 | | Section 40. Removal.
A Member may be removed by the |
11 | | corporate authorities prior to the expiration of the Member's |
12 | | term of appointment for good cause. Good cause includes |
13 | | inefficiency, neglect of duty, malfeasance, or any cause which |
14 | | renders the member unfit for the position or unable to perform |
15 | | the duties of the position. The corporate authorities shall |
16 | | provide written notice to that Member and the Chairperson of |
17 | | the Board of the removal of that Member from the Board of |
18 | | Directors. The notice shall state the specific grounds which |
19 | | constitute cause for removal. The Member, in receipt of this |
20 | | notice, may request to appear before the corporate authorities |
21 | | and present reasons in support of his or her retention. |
22 | | Thereafter, the corporate authorities shall vote upon whether |
23 | | there are sufficient grounds to remove that Member from office. |
24 | | The chairperson of the corporate authorities shall notify the |
25 | | Member of the final action of the corporate authorities.
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1 | | Section 45. Vacancies.
Any vacancy on the Board of |
2 | | Directors caused by death, resignation, disqualification, or |
3 | | removal shall be filled by the corporate authorities as soon as |
4 | | practicable, but not to exceed 60 days following the occurrence |
5 | | of the vacancy. The vacancy shall be filled for the remainder |
6 | | of the unexpired term in the same manner as the original |
7 | | appointment. |
8 | | Section 50. Meetings.
The Board of Directors shall conduct |
9 | | its first meeting no later than 60 days after the appointment |
10 | | of the Board of Directors. The place, date, and time of the |
11 | | Local Government Stabilization Authority meetings shall be |
12 | | determined at the discretion of the Board of Directors. All |
13 | | meetings of the Board of Directors shall comply with the |
14 | | Illinois Open Meetings Act.
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15 | | Section 55. Bylaws; policies; procedures.
The Board of |
16 | | Directors shall adopt bylaws, procedures and policies |
17 | | consistent with the provisions of this Act within 120 days |
18 | | after the first meeting of the Board of Directors.
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19 | | Section 60. Quorum and voting.
A quorum shall be necessary |
20 | | for the transaction of any business by the Board of Directors. |
21 | | A majority of the Members of the Board of Directors shall |
22 | | constitute a quorum. The Board of Directors shall act by a |
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1 | | majority vote of the Members at a meeting at which a quorum is |
2 | | present, except as otherwise provided in this Act. Presence for |
3 | | both quorum and voting at a Local Government Stabilization |
4 | | Authority meeting shall be articulated by the Board of |
5 | | Directors in its bylaws or procedures in a manner consistent |
6 | | with the Open Meetings Act.
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7 | | Section 65. Records of meetings.
Minutes of all meetings of |
8 | | the Board of Directors and its Committees shall be made and |
9 | | maintained as required by the Open Meetings Act.
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10 | | Section 70. Board of Directors; responsibilities.
The |
11 | | Board of Directors shall ensure: |
12 | | (a) that all personnel matters are conducted free from any |
13 | | political interference and in accordance with the provisions of |
14 | | the Supplemental Relief Order and Consent Decree established in |
15 | | the federal civil litigation filed in the Northern District of |
16 | | Illinois under Case No. 69 C 2145 and titled Shakman, et al. v. |
17 | | Democratic Organization, et al. and all applicable laws; |
18 | | (b) that all operations, including contractual matters, |
19 | | are conducted free from any political interference; and
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20 | | (c) efficiency in service delivery and sound fiscal |
21 | | management of all aspects of the Local Government Stabilization |
22 | | Authority including the collection of all revenues from all |
23 | | sources.
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1 | | Section 75. Board of Directors; actions.
The Board of |
2 | | Directors shall do all of the following that is consistent with |
3 | | Illinois law: |
4 | | (a) adopt, amend, or repeal rules and policies and |
5 | | procedures governing the Board of Directors and its actions and |
6 | | meetings, and adopt, amend, or repeal policies and procedures |
7 | | to implement day-to-day operation of the Local Government |
8 | | Stabilization Authority, including policies governing any |
9 | | staff of the Local Government Stabilization Authority; |
10 | | (b) elect additional officers, including, but not limited |
11 | | to, initial officers who shall be elected at the first meeting |
12 | | of the Board of Directors in accordance with the bylaws; |
13 | | (c) provide for a system of accounting; |
14 | | (d) adopt or amend the Authority's budget to submit |
15 | | annually to the corporate authorities for approval and adoption |
16 | | in a time frame mandated by the corporate authorities; |
17 | | (e) adopt, amend, or repeal policies and procedures for |
18 | | contracting and procurement which must be consistent with the |
19 | | provisions set forth in the local Code; |
20 | | (f) commission, collect, and receive data from public, |
21 | | private, professional, and volunteer sources to compile an |
22 | | inventory an analysis of desirable properties for acquisition; |
23 | | (g) establish banking arrangements for the Authority |
24 | | pursuant to Section 160 of this Act; |
25 | | (h) organize and reorganize the executive, administrative, |
26 | | clerical, and other departments of the Authority and fix the |
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1 | | duties, powers, and compensation of all employees, agents, and |
2 | | consultants of the Authority.
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3 | | Section 80. Fiduciary duty.
The Members of the Board of |
4 | | Directors are under a fiduciary duty to conduct the activities |
5 | | and affairs of the Authority in the best interests of the |
6 | | residents of the township, including the safekeeping and use of |
7 | | all Local Government Stabilization Authority moneys and |
8 | | assets. The members of the Board of Directors shall discharge |
9 | | their duties in good faith, with the care an ordinarily prudent |
10 | | person in a like position would exercise under similar |
11 | | circumstances.
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12 | | Section 85. Compensation.
The Members of the Board of |
13 | | Directors shall receive no compensation for the performance of |
14 | | their duties. A Member may engage in private or public |
15 | | employment, or in a profession or business, except to the |
16 | | extent prohibited by Illinois law or local ordinance. The |
17 | | Authority may reimburse members of the Board of Directors for |
18 | | actual and necessary expenses incurred in the discharge of |
19 | | their official duties, as provided by the Board of Directors.
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20 | | Section 90. Executive Director.
The Board of Directors may |
21 | | retain the professional services of an individual to perform |
22 | | the duties of an Executive Director on a contractual basis with |
23 | | the advice and consent of the corporate authorities. The |
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1 | | Executive Director shall not be an employee of the Authority or |
2 | | of the township. The Director shall administer the Authority in |
3 | | accordance with the operating budget approved by the corporate |
4 | | authorities, general policy guidelines established by the |
5 | | Board of Directors, other applicable governmental procedures |
6 | | and policies, and this Act. |
7 | | The Director shall be responsible for the day-to-day |
8 | | operations of the Authority, the control, management, and |
9 | | oversight of the Authority's functions, and supervision of all |
10 | | of the Authority's contractual agreements. All terms and |
11 | | conditions of the Director's service shall be specified in a |
12 | | written contract between the Director and the Board of |
13 | | Directors. The Director may be removed by the corporate |
14 | | authorities or the Board of Directors for good cause prior to |
15 | | the expiration of the Director's contract. Good cause includes |
16 | | inefficiency, neglect of duty, malfeasance, or any cause which |
17 | | renders the Director unfit or unable to perform the scope of |
18 | | work. The Board of Directors may delegate to the Director any |
19 | | powers or duties it considers proper under terms, conditions, |
20 | | and to the extent that the Board of Directors may specify.
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21 | | Section 95. Staffing services. The Board of Directors may |
22 | | approve contracts for staffing as requested by the Executive |
23 | | Director that are deemed necessary to carry out the duties and |
24 | | responsibilities of the Authority and in accordance with the |
25 | | policies and procedures established by the Board. Such staff |
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1 | | shall be retained pursuant to contracts entered into in |
2 | | accordance with the procurement rules established by the Board. |
3 | | Section 100. Ethics.
The Board of Directors shall be |
4 | | subject to the all State of Illinois ethics laws.
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5 | | Section 105. Indemnification.
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6 | | (a) The township shall defend and indemnify the Authority |
7 | | and the Members Board of Directors with respect to all claims |
8 | | or judgments arising out of their activities as Members with |
9 | | respect to all negligence claims, and claims or judgments |
10 | | arising out of the Authority's activities performed on behalf |
11 | | of the township. |
12 | | (b) The township shall not be obligated to indemnify the |
13 | | Authority or a Member for: |
14 | | (1) Punitive damages or liability arising out of |
15 | | conduct that is willful or wanton. |
16 | | (2) Conduct that is outside the scope of the |
17 | | Authority's authority. |
18 | | (3) Any settlement or judgment in which the township |
19 | | did not participate. |
20 | | (4) The defense of any criminal or disciplinary |
21 | | proceeding.
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22 | | Section 110. General powers.
The Authority has the power to |
23 | | do all things necessary or convenient to implement the |
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1 | | purposes, objectives, and provisions of this Act including, but |
2 | | not limited to, the following: |
3 | | (a) adopt, amend, and repeal bylaws for the regulation of |
4 | | its affairs and the conduct of its business; |
5 | | (b) acquire by purchase, donation, or other transfers and |
6 | | to hold, lease, manage, and dispose of Real Property of every |
7 | | kind and character, or any interest therein, in furtherance of |
8 | | the public purposes of the Authority;
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9 | | (c) discharge and extinguish Real Property taxes owed to |
10 | | the township, or to a Party, pursuant to an agreement with such |
11 | | Party, that encumber Real Property owned by the these entities |
12 | | through the Authority, as permitted by the Property Tax Code or |
13 | | other applicable law; |
14 | | (d) pay any tax or special assessment due on Real Property |
15 | | acquired or owned by the Authority; |
16 | | (e) acquire, accept, or retain equitable interests, |
17 | | security interests, or other interests in any Real Property or |
18 | | other fixtures by loan agreement, note, mortgage, deed to |
19 | | secure debt, trust deed, security agreement, assignment, |
20 | | pledge, conveyance, contract, lien, or other consensual |
21 | | transfer in order to secure the repayment of any moneys loaned |
22 | | or credit extended by the Authority; |
23 | | (f) borrow money from private lenders, from municipalities |
24 | | or counties, from the State or from federal government funds, |
25 | | subject to the approval of the corporate authorities, to |
26 | | further or carry out the Authority's public purpose by |
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1 | | executing leases, trust indentures, trust agreements, |
2 | | agreements for the sale notes, loan agreements, mortgages, |
3 | | deeds to secure debt, trust deeds, security agreements, |
4 | | assignments, and other agreements or instruments as may be |
5 | | necessary or desirable, in the judgment of the Authority, to |
6 | | evidence and to provide security for such borrowing; |
7 | | (g) apply directly or indirectly to any federal, state, |
8 | | county, or
municipal government or agency or to any other |
9 | | source, whether public or private, for loans, grants, gifts, |
10 | | guarantees, labor, or other aid or financial assistance in |
11 | | furtherance of the Authority's public purpose and to accept and |
12 | | use the same upon such terms and conditions as are prescribed |
13 | | by such federal, state, county, or municipal government or |
14 | | agency or other source; |
15 | | (h) enter into agreements with the federal government or |
16 | | any agency thereof to use the facilities or services of the |
17 | | federal government or any agency thereof in order to further or |
18 | | carry out the public purposes of the Authority; |
19 | | (i) as security for repayment of any note, or other |
20 | | obligations of the Authority, to pledge, mortgage, convey, |
21 | | assign, hypothecate, or otherwise encumber any property of the |
22 | | Authority, including, but not limited to, Real Property, |
23 | | fixtures, and revenues or other funds, and to execute any |
24 | | lease, trust indenture, trust agreement, agreement for the sale |
25 | | of the Authority's notes, or other obligations, loan agreement, |
26 | | mortgage, deed to secure debt, trust deed, security agreement, |
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1 | | assignment, or other agreement or instrument as may be |
2 | | necessary or desirable, in the judgment of the Authority, to |
3 | | secure any such notes, or other obligations, which instruments |
4 | | or agreements may provide for foreclosure or forced sale of any |
5 | | Real Property of the Authority upon default in any obligation |
6 | | of the Authority, either in payment of principal, premium, if |
7 | | any, or interest or in the performance of any term or condition |
8 | | contained in any such agreement or instrument; |
9 | | (j) receive and administer gifts, grants, and bequests of |
10 | | money and Real Property consistent with the purpose of the |
11 | | Authority; |
12 | | (k) use any Real Property or fixtures or any interest |
13 | | therein or to rent, license or lease such Real Property to or |
14 | | from others or make contracts with respect to the use thereof, |
15 | | or to sell, lease, exchange, transfer, assign, pledge, or |
16 | | otherwise dispose of or grant options for any such Real |
17 | | Property in any manner as it deems to be in the best interests |
18 | | of the Authority and the public purpose thereof; |
19 | | (l) procure insurance or guarantees from the State |
20 | | Legislature or federal government of the payments of any debts |
21 | | or parts thereof incurred by the Authority, and to pay premiums |
22 | | in connection therewith; |
23 | | (m) procure, if required, insurance against losses in |
24 | | connection with the Real Property, assets, or activities of the |
25 | | Authority; |
26 | | (n) enter into contracts and other instruments necessary, |
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1 | | incidental, or convenient to the performance of its duties and |
2 | | the exercise of its powers, including, but not limited to, an |
3 | | agreement with a Party for the joint exercise of powers. An |
4 | | agreement with a Party may include contracts for the |
5 | | performance of services by a Party on behalf of the Local |
6 | | Government Stabilization Authority or by the Authority on |
7 | | behalf of a Party; |
8 | | (o) enter into partnerships, joint ventures, and other |
9 | | collaborative relationships with municipalities and other |
10 | | public and private entities for the ownership, management, |
11 | | development, and disposition of Real Property; |
12 | | (p) to enter into contracts and other instruments |
13 | | necessary, incidental, or convenient to the performance of its |
14 | | duties and the exercise of its powers, including, but not |
15 | | limited to, agreements with a Party regarding the disposition |
16 | | of Authority properties located within their boundaries; |
17 | | (q) finance, by loan, grant, lease, or otherwise, |
18 | | refinance, construct, erect, assemble, purchase, acquire, own, |
19 | | repair, remodel, rehabilitate, modify, maintain, extend, |
20 | | improve, install, sell, equip, expand, add to, operate, or |
21 | | manage Real Property or rights or interests in Real Property, |
22 | | and to pay the costs of any such project from the proceeds of |
23 | | revenue bonds, loans by persons, corporations, partnerships, |
24 | | whether limited or general, or other entities, all of which the |
25 | | Authority is authorized to receive, accept, and use; |
26 | | (r) fix, charge, and collect rents, fees, licenses and |
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1 | | charges for the use of Real Property of the Authority and for |
2 | | services provided by the Local Government Stabilization |
3 | | Authority; |
4 | | (s) grant or acquire a license, easement, lease (as lessor |
5 | | or lessee), or option with respect to Real Property of the |
6 | | Authority; |
7 | | (t) enter into contracts with nonprofit community land |
8 | | trusts, including, but not limited to, long-term lease |
9 | | contracts; |
10 | | (u) contract for goods and services and engage personnel as |
11 | | necessary, to be paid from the funds of the Authority. The |
12 | | Board shall determine the qualifications, duties, and |
13 | | compensation of those it contracts with and employs; |
14 | | (v) organize and reorganize the executive, administrative, |
15 | | clerical, and other departments of the Local Government |
16 | | Stabilization Authority and to fix the duties, powers, and |
17 | | compensation of all employees, agents, and consultants of the |
18 | | Authority; |
19 | | (w) remediate environmental contamination on any Real |
20 | | Property held by the Authority;
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21 | | (x) acquire, hold, and manage property pursuant to this |
22 | | Act; |
23 | | (y) dispose of property pursuant to this Act; |
24 | | (z) promulgate rules regarding the procurement of |
25 | | contracts and services of local real estate brokers and |
26 | | construction crews pursuant to Section 160 of this Act; |
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1 | | (aa) submit a redevelopment plan to a municipality with a |
2 | | redevelopment project area and comply with any requirements of |
3 | | the municipality with regard to that plan; |
4 | | (bb) to do all other things necessary or convenient to |
5 | | achieve the objectives and purposes of the Authority or other |
6 | | laws that relate to the purposes and responsibilities of the |
7 | | Authority.
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8 | | Section 115. No waiver of governmental immunity. Nothing in |
9 | | this Act is intended, nor shall be construed, as a waiver by |
10 | | the township enacting an ordinance that creates a Local |
11 | | Government Stabilization Authority under this Act of any |
12 | | governmental immunity provided under any applicable law. |
13 | | Section 120. Non-discrimination.
The Authority shall |
14 | | comply with all applicable laws prohibiting discrimination.
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15 | | Section 125. Acquisition of real property.
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16 | | (a) The Authority shall procure the services of local real |
17 | | estate brokers pursuant to Section 160 of this Act to assist in |
18 | | the acquisition of real property under this Section. |
19 | | (b) The Authority may acquire real property or rights or |
20 | | interests in real property by gift, bequest, transfer, |
21 | | exchange, foreclosure, purchase, purchase contracts, lease |
22 | | purchase agreements, installment sales contracts, land |
23 | | contracts, tax sale, scavenger sale or otherwise, on terms and |
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1 | | conditions and in a manner the Authority considers proper. |
2 | | (c) The Authority may acquire any property conveyed to it |
3 | | by this State, a foreclosing governmental unit, a unit of local |
4 | | government, an intergovernmental entity created under the laws |
5 | | of this State, or any other public or private person, |
6 | | including, but not limited to, property without clear title. |
7 | | (d) All deeds, mortgages, contracts, leases, purchases, or |
8 | | other agreements regarding property of the Authority, |
9 | | including agreements to acquire or dispose of real property, |
10 | | shall be approved by and executed by the Authority, in the name |
11 | | of the township. |
12 | | (e) The Authority shall have the right to purchase |
13 | | properties in the name of the township at tax sales conducted |
14 | | in accordance with the Property Tax Code. The Authority may |
15 | | tender a bid at a tax sale that is a credit bid, consisting of |
16 | | the obligation of the Authority to satisfy the component parts |
17 | | of the bid by payments to the respective political |
18 | | subdivisions. |
19 | | (f) The Authority shall have the right to make offers to |
20 | | purchase properties that are subject to a listing agreement; |
21 | | said offer or purchase of a property by the Authority that is |
22 | | subject to a listing agreement shall not extinguish any legal |
23 | | rights existing under the listing agreement.
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24 | | Section 130. Holding and managing property.
The Authority |
25 | | may control, manage, maintain, operate, repair, lease as |
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1 | | lessor, license, secure, prevent the waste or deterioration of, |
2 | | demolish, and take all other actions necessary to preserve the |
3 | | value of the Real Property it controls on behalf of the |
4 | | township. The Authority shall maintain all Real Property held |
5 | | by the Local Government Stabilization Authority in accordance |
6 | | with applicable laws and codes. Real Property shall be |
7 | | inventoried and classified by the Authority according to |
8 | | suitability for use. The inventory shall be maintained as a |
9 | | public record and shall be filed electronically and in the |
10 | | principal office of the Authority.
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11 | | Section 135. Property disposition.
On terms and |
12 | | conditions, and in a manner and for an amount of consideration |
13 | | that the Authority considers proper, fair, and reasonable, |
14 | | including for no monetary consideration if appropriate, the |
15 | | Authority may convey, sell, transfer, exchange, lease as |
16 | | lessor, or otherwise dispose of Real Property or rights or |
17 | | interests in Real Property that the Authority controls and the |
18 | | township holds a legal interest to any public or private |
19 | | person. The transfer and use of property under this Section and |
20 | | the exercise by the Authority of powers and duties under this |
21 | | Act shall be considered a necessary public purpose and for the |
22 | | benefit of the public.
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23 | | Section 140. Criteria for conveyance.
Real Property shall |
24 | | be conveyed by the Authority in accordance with this Act and |
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1 | | according to criteria determined in the discretion of the Board |
2 | | and contained in the policies and procedures adopted by the |
3 | | Board. The Board may adopt policies and procedures that set |
4 | | forth priorities for a transferee's use of Real Property |
5 | | conveyed by the Authority, including, but not limited to, |
6 | | affordable housing.
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7 | | Section 145. Transactions.
Transactions shall be |
8 | | structured in a manner that permits the Authority to enforce |
9 | | contractual agreements, real covenants, and the provisions of |
10 | | any subordinate financing held by the Authority pertaining to |
11 | | development and use of the Real Property.
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12 | | Section 150. Disposition of proceeds.
Any proceeds from the |
13 | | sale or transfer of Real Property by the Authority shall be |
14 | | retained, expended, or transferred by the Authority as |
15 | | determined by the Board in the best interests of the Authority |
16 | | and in accordance with applicable laws and agreements.
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17 | | Section 155. Intergovernmental agreements.
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18 | | (a) The Board of Directors may negotiate and propose |
19 | | agreements necessary, incidental, or convenient to the |
20 | | performance of its duties and the exercise of its powers with |
21 | | any unit of local government subject to the approval of the |
22 | | corporate authorities. An agreement may include, but is not be |
23 | | limited to, contracts for the joint exercise of powers, |
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1 | | contracts for the ownership, management, development, and |
2 | | disposition of Real Property, or contracts for the performance |
3 | | of services by a local unit of government on behalf of the |
4 | | Local Government Stabilization Authority or by the Local |
5 | | Government Stabilization Authority on behalf of a local unit of |
6 | | government. |
7 | | (b) The parties to the intergovernmental agreements shall |
8 | | agree that no party to an intergovernmental agreement shall be |
9 | | responsible, in whole or in part, for the acts of the |
10 | | employees, agents, and servants of any other party, whether |
11 | | acting separately or in conjunction with the implementation of |
12 | | an agreement. The parties shall only be bound and obligated |
13 | | under an agreement as expressly agreed to by each party. |
14 | | (c) All agreements shall in all respects be interpreted, |
15 | | enforced, and governed under the laws of the State of Illinois |
16 | | without regard to the doctrines of conflict of laws. The |
17 | | language of all parts of an agreement shall in all cases be |
18 | | construed as a whole according to its plain and fair meaning, |
19 | | and not construed strictly for or against any Party.
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20 | | (d) All agreements with municipalities shall include |
21 | | language that the municipality consents to participation in the |
22 | | pilot program under this Act. |
23 | | Section 160. Procurement. The Authority shall promulgate |
24 | | rules regarding the procurement of contracts and services of |
25 | | local real estate brokers and construction crews. |
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1 | | (a) Real estate brokers. The Authority shall contract the |
2 | | services of 15 real estate brokers to sell or list homes after |
3 | | they are repaired under this Act. Bidding shall occur at an |
4 | | open meeting convened by the Authority in accordance with the |
5 | | Open Meetings Act. A real estate broker shall possess a real |
6 | | estate license and shall be in good standing with the Realtor's |
7 | | Association and the State. |
8 | | For purposes of this Section, "local" means having a |
9 | | principal place of business within the boundaries of the |
10 | | District. |
11 | | (b) Construction crews. The Authority shall contract the |
12 | | services of construction crews composed of students from |
13 | | construction programs with an accredited community college or |
14 | | institute of higher education located within the boundaries of |
15 | | the township. |
16 | | Section 165. Records.
The Authority shall keep and maintain |
17 | | at the principal office of the Authority all documents and |
18 | | records of the Authority. The records of the Authority, which |
19 | | shall be available to the public, shall include, but not be |
20 | | limited to, a copy of this Act, a copy of the ordinance |
21 | | creating the Authority, the Authority's bylaws, and any |
22 | | agreements and amendments, as applicable. The records and |
23 | | documents shall be maintained and shall be delivered to any |
24 | | successor entity.
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1 | | Section 170. Financial statements and quarterly reports.
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2 | | (a) The Authority shall prepare, at the Authority's |
3 | | expense, audited financial statements, including a balance |
4 | | sheet, statement of revenue and expense, statement of cash |
5 | | flows, and changes in fund balance, on an annual basis. This |
6 | | financial statements shall be prepared in accordance with |
7 | | generally accepted accounting principles and accompanied by a |
8 | | written opinion of an independent certified public accounting |
9 | | firm. |
10 | | (b) The Authority shall submit reports under this Section |
11 | | to the Illinois Housing Development Authority. The reports |
12 | | shall include: (1) the number of foreclosed properties in the |
13 | | township; (2) the number of properties acquired pursuant to the |
14 | | pilot program under this Act; (3) the number of projects |
15 | | completed to date under the pilot program; and (4) financial |
16 | | details regarding the cost of the projects, the amount a |
17 | | project sold for, and whether there exists a net gain or loss |
18 | | for the Authority. |
19 | | Section 175. Annual budget.
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20 | | (a) The Authority shall prepare an annual budget in a |
21 | | manner and under a time frame mandated by the corporate |
22 | | authorities. |
23 | | (b) The obligations and expenditures of the Board of |
24 | | Directors shall conform to the any applicable local |
25 | | appropriation ordinance, provided that the corporate |
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1 | | authorities retain the authority to impose additional |
2 | | limitations. Any commitment, contract or other obligation |
3 | | entered into by the Board in derogation of this Section shall |
4 | | be voidable by the corporate authorities and the Illinois |
5 | | Housing Development Authority.
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6 | | Section 180. Deposits and investments.
The Authority shall |
7 | | deposit funds of the Authority in a special fund to be held by |
8 | | the Treasurer of the township, designated as the "Local |
9 | | Government Stabilization Authority Fund" and expended |
10 | | exclusively for the operation of the Authority.
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11 | | Section 185. Disbursements.
Expenditures of funds from the |
12 | | Local Government Stabilization Authority Fund shall be in |
13 | | accordance with guidelines established by the Board of |
14 | | Directors.
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15 | | Section 190. Performance objectives. Each Fiscal Year, the |
16 | | Director, or other individual designated by the Board of |
17 | | Directors, shall prepare, for review and approval by the Board |
18 | | of Directors, objectives for the Authority's performance. |
19 | | Section 195. Annual report. |
20 | | (a) The Board of Directors shall submit to the corporate |
21 | | authorities, within 6 months after the end of each Fiscal Year, |
22 | | a report that shall set forth a complete and detailed operating |
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1 | | and financial statement of the Authority during such Fiscal |
2 | | Year. |
3 | | (b) Included in the report shall be any recommendations for |
4 | | additional legislation or other action that may be necessary to |
5 | | carry out the mission, purpose, and intent of the Authority.
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6 | | Section 200. Management of funds.
The Director, or other |
7 | | individual designated by the Board of Directors, is authorized |
8 | | to make deposits and withdraw funds from the Local Government |
9 | | Stabilization Authority Fund for the management of sales |
10 | | proceeds, revenue, and other Authority funds as authorized by |
11 | | the Board of Directors. Standard accounting procedures shall be |
12 | | used in the management of accounts and approved by the |
13 | | corporate authorities.
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14 | | Section 205. Authorized expenditures.
The Authority shall |
15 | | in its sole discretion and within its budget, expend funds as |
16 | | necessary to carry out the powers, duties, functions, and |
17 | | responsibilities of a Local Government Stabilization Authority |
18 | | under this Act.
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19 | | Section 210. Dissolution of assets.
Upon determining that |
20 | | the purposes of the Authority have been completed and that |
21 | | there is no longer a need for the Authority's continued |
22 | | existence, the corporate authorities may repeal the enacting |
23 | | ordinance and dissolve the Authority provided, however, that |
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1 | | the effective date of a repeal shall provide sufficient time |
2 | | for the Authority to carry out the provisions set forth in |
3 | | Section 190.
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4 | | As soon as possible after notice of the repeal of this Act |
5 | | or the repeal of a local enacting ordinance, the Authority |
6 | | shall finish its affairs as follows: |
7 | | (a) all of the Authority's debts, liabilities, and |
8 | | obligations to its creditors and all expenses incurred in |
9 | | connection with the termination of the Authority and |
10 | | distribution of its assets shall be paid first; and |
11 | | (b) the remaining Real Property and personal property owned |
12 | | by the Authority, if any, shall be distributed to any successor |
13 | | entity, subject to approval by the corporate authorities. In |
14 | | the event that no successor entity exists, the remaining Real |
15 | | Property and personal property, and other assets of the |
16 | | Authority, shall become assets of the corporate authorities, |
17 | | unless provided otherwise in any applicable agreements.
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18 | | Section 215. Interpretation.
All powers granted to the |
19 | | Local Government Stabilization Authority under this Act shall |
20 | | be interpreted broadly to effectuate the intent and purposes of |
21 | | this Act and not to serve as a limitation of powers.
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22 | | Section 220. Severability.
The invalidity of any clause, |
23 | | sentence, paragraph, subdivision, section, or portion thereof, |
24 | | shall not affect the validity of the remaining provisions of |