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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Municipal Code is amended by |
5 | | changing Section 11-74.4-4 as follows:
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6 | | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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7 | | Sec. 11-74.4-4. Municipal powers and duties; redevelopment |
8 | | project
areas. The changes made by this amendatory Act of the |
9 | | 91st General Assembly
do not apply to a municipality that, (i) |
10 | | before the effective date of this
amendatory Act of the 91st |
11 | | General Assembly, has adopted an ordinance or
resolution fixing |
12 | | a time and place for a
public hearing under Section 11-74.4-5 |
13 | | or (ii) before July 1, 1999, has
adopted an ordinance or |
14 | | resolution providing for a feasibility study under
Section |
15 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving |
16 | | redevelopment plans and redevelopment projects or designating
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17 | | redevelopment project areas under this Section, until after |
18 | | that
municipality adopts an ordinance
approving redevelopment |
19 | | plans and redevelopment projects or designating
redevelopment |
20 | | project areas under this Section; thereafter the changes made |
21 | | by
this amendatory Act of the 91st General Assembly apply to |
22 | | the same extent that
they apply to
redevelopment plans and |
23 | | redevelopment projects that were approved and
redevelopment |
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1 | | projects that were designated before the effective date of this
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2 | | amendatory Act of the 91st General Assembly.
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3 | | A municipality may: |
4 | | (a) By ordinance introduced in the
governing body of the |
5 | | municipality within 14 to 90 days from the completion
of the |
6 | | hearing specified in Section 11-74.4-5
approve redevelopment |
7 | | plans and redevelopment projects, and designate
redevelopment |
8 | | project areas pursuant to notice and hearing required by this
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9 | | Act. No redevelopment project area shall be designated unless a |
10 | | plan and
project are approved
prior to the designation of such |
11 | | area and such area
shall include only those contiguous parcels |
12 | | of real property and
improvements thereon substantially |
13 | | benefited by the proposed redevelopment
project improvements.
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14 | | Upon adoption of the ordinances, the municipality shall |
15 | | forthwith transmit to
the county clerk of the county or |
16 | | counties within which the redevelopment
project area is located |
17 | | a certified copy of the ordinances, a legal description
of the |
18 | | redevelopment project area, a map of the redevelopment project |
19 | | area,
identification of the year that the county clerk shall |
20 | | use for determining the
total initial equalized assessed value |
21 | | of the redevelopment project area
consistent with subsection |
22 | | (a) of Section 11-74.4-9, and a
list of the parcel or tax |
23 | | identification number of each parcel of property
included in |
24 | | the redevelopment project area.
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25 | | (b) Make and enter into all contracts with property owners, |
26 | | developers,
tenants, overlapping taxing bodies, and others |
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1 | | necessary or incidental to the
implementation and furtherance |
2 | | of its redevelopment plan and project.
Contract provisions |
3 | | concerning loan repayment obligations in contracts
entered |
4 | | into on or after the effective date of this amendatory Act
of
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5 | | the 93rd
General Assembly shall terminate no later than the |
6 | | last to occur of the
estimated dates of
completion of the
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7 | | redevelopment project and retirement of the obligations issued |
8 | | to finance
redevelopment
project costs as required by item (3) |
9 | | of subsection (n) of Section 11-74.4-3.
Payments received under
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10 | | contracts entered
into by the
municipality prior to the |
11 | | effective date of this amendatory Act of the 93rd
General
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12 | | Assembly that are received after the redevelopment project area |
13 | | has been
terminated by
municipal ordinance shall be deposited |
14 | | into a special fund of the municipality
to be used
for other |
15 | | community redevelopment needs within the redevelopment project
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16 | | area.
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17 | | (c) Within a redevelopment project area, acquire by |
18 | | purchase, donation,
lease or
eminent domain; own, convey, |
19 | | lease, mortgage or dispose of land
and other property, real or |
20 | | personal, or rights or interests therein, and
grant or acquire |
21 | | licenses, easements and options with respect thereto, all
in |
22 | | the manner and at such price the municipality determines is |
23 | | reasonably
necessary to achieve the objectives of the |
24 | | redevelopment plan and project.
No conveyance, lease, |
25 | | mortgage, disposition of land or other property owned
by a |
26 | | municipality, or
agreement relating to the development of such |
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1 | | municipal property
shall be
made except
upon the adoption of an |
2 | | ordinance by the corporate authorities of the
municipality. |
3 | | Furthermore, no conveyance, lease, mortgage, or other
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4 | | disposition of land owned by a municipality or agreement |
5 | | relating to the
development of such municipal property
shall be |
6 | | made without making public disclosure of the terms of the
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7 | | disposition and all bids and proposals made in response to the
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8 | | municipality's request. The procedures for obtaining such bids |
9 | | and
proposals shall provide reasonable opportunity for any |
10 | | person to submit
alternative proposals or bids.
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11 | | (d) Within a redevelopment project area, clear any area by
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12 | | demolition or removal of any existing buildings and structures.
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13 | | (e) Within a redevelopment project area, renovate or |
14 | | rehabilitate or
construct any structure or building, as |
15 | | permitted under this Act.
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16 | | (f) Install, repair, construct, reconstruct or relocate |
17 | | streets, utilities
and site improvements essential to the |
18 | | preparation of the redevelopment
area for use in accordance |
19 | | with a redevelopment plan.
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20 | | (g) Within a redevelopment project area, fix, charge and |
21 | | collect fees,
rents and charges for the use of any building or |
22 | | property owned or leased
by it or any part thereof, or facility |
23 | | therein.
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24 | | (h) Accept grants, guarantees and donations of property, |
25 | | labor, or other
things of value from a public or private source |
26 | | for use within a project
redevelopment area.
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1 | | (i) Acquire and construct public facilities within a |
2 | | redevelopment project
area, as permitted under this Act.
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3 | | (j) Incur project redevelopment costs and reimburse |
4 | | developers who incur
redevelopment project costs authorized by |
5 | | a redevelopment agreement; provided,
however, that on and
after |
6 | | the effective date of this amendatory
Act of the 91st General |
7 | | Assembly, no municipality shall incur redevelopment
project |
8 | | costs (except for planning costs and any other eligible costs
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9 | | authorized by municipal ordinance or resolution that are |
10 | | subsequently included
in the
redevelopment plan for the area |
11 | | and are incurred by the municipality after the
ordinance or |
12 | | resolution is adopted)
that are
not consistent with the program |
13 | | for
accomplishing the objectives of the
redevelopment plan as |
14 | | included in that plan and approved by the
municipality until |
15 | | the municipality has amended
the redevelopment plan as provided |
16 | | elsewhere in this Act.
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17 | | (k) Create a commission of not less than 5 or more than 15 |
18 | | persons to
be appointed by the mayor or president of the |
19 | | municipality with the consent
of the majority of the governing |
20 | | board of the municipality. Members of a
commission appointed |
21 | | after the effective date of this amendatory Act of
1987 shall |
22 | | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
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23 | | respectively, in such numbers as to provide that the terms of |
24 | | not more than
1/3 of all such members shall expire in any one |
25 | | year. Their successors
shall be appointed for a term of 5 |
26 | | years. The commission, subject to
approval of the corporate |
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1 | | authorities may exercise the powers enumerated in
this Section. |
2 | | The commission shall also have the power to hold the public
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3 | | hearings required by this division and make recommendations to |
4 | | the
corporate authorities concerning the adoption of |
5 | | redevelopment plans,
redevelopment projects and designation of |
6 | | redevelopment project areas.
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7 | | (l) Make payment in lieu of taxes or a portion thereof to |
8 | | taxing districts.
If payments in lieu of taxes or a portion |
9 | | thereof are made to taxing districts,
those payments shall be |
10 | | made to all districts within a project redevelopment
area on a |
11 | | basis which is proportional to the current collections of |
12 | | revenue
which each taxing district receives from real property |
13 | | in the redevelopment
project area.
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14 | | (m) Exercise any and all other powers necessary to |
15 | | effectuate the purposes
of this Act.
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16 | | (n) If any member of the corporate authority, a member of a |
17 | | commission
established pursuant to Section 11-74.4-4(k) of |
18 | | this Act, or an employee
or consultant of the municipality |
19 | | involved in the planning and preparation
of a redevelopment |
20 | | plan, or project for a redevelopment project area or
proposed |
21 | | redevelopment project area, as defined in Sections |
22 | | 11-74.4-3(i)
through (k) of this Act, owns or controls an |
23 | | interest, direct or indirect,
in any property included in any |
24 | | redevelopment area, or proposed
redevelopment area, he or she |
25 | | shall disclose the same in writing to the
clerk of the |
26 | | municipality, and shall also so disclose the dates and terms
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1 | | and conditions of any disposition of any such interest, which |
2 | | disclosures
shall be acknowledged by the corporate authorities |
3 | | and entered upon the
minute books of the corporate authorities. |
4 | | If an individual
holds such an interest then that individual |
5 | | shall refrain from any further
official involvement in regard |
6 | | to such redevelopment plan, project or area,
from voting on any |
7 | | matter pertaining to such redevelopment plan, project
or area, |
8 | | or communicating with other members concerning corporate |
9 | | authorities,
commission or employees concerning any matter |
10 | | pertaining to said redevelopment
plan, project or area. |
11 | | Furthermore, no such member or employee shall acquire
of any |
12 | | interest direct, or indirect, in any property in a |
13 | | redevelopment
area or proposed redevelopment area after either |
14 | | (a) such individual obtains
knowledge of such plan, project or |
15 | | area or (b) first public notice of such
plan, project or area |
16 | | pursuant to Section 11-74.4-6 of this Division, whichever
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17 | | occurs first.
For the
purposes of this subsection, a property |
18 | | interest
acquired in a
single parcel of property by a member of |
19 | | the corporate authority, which
property
is used
exclusively as |
20 | | the member's primary residence, shall not be deemed to
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21 | | constitute an
interest in any property included in a |
22 | | redevelopment area or proposed
redevelopment area
that was |
23 | | established before December 31, 1989, but the member must |
24 | | disclose the
acquisition to the municipal clerk under the |
25 | | provisions of this subsection.
A single property interest
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26 | | acquired within one year after the effective date of this |
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1 | | amendatory Act of the 94th General Assembly or 2 years after |
2 | | the effective date of this amendatory Act of the 95th General |
3 | | Assembly by a member of the corporate authority does not
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4 | | constitute an
interest in any property included in any |
5 | | redevelopment area or proposed
redevelopment area, regardless |
6 | | of when the redevelopment area was established, if (i) the
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7 | | property
is used
exclusively as the member's primary residence, |
8 | | (ii) the member discloses the acquisition to the municipal |
9 | | clerk under the provisions of this subsection, (iii) the |
10 | | acquisition is for fair market value, (iv) the member acquires |
11 | | the property as a result of the property being publicly |
12 | | advertised for sale, and (v) the member refrains from voting |
13 | | on, and communicating with other members concerning, any matter |
14 | | when the benefits to the redevelopment project or area would be |
15 | | significantly greater than the benefits to the municipality as |
16 | | a whole. For the purposes of this subsection, a month-to-month |
17 | | leasehold interest
in a single parcel of property by a member |
18 | | of the corporate authority
shall not be deemed to constitute an |
19 | | interest in any property included in any
redevelopment area or |
20 | | proposed redevelopment area, but the member must disclose
the |
21 | | interest to the municipal clerk under the provisions of this |
22 | | subsection.
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23 | | (o) Create a Tax Increment Economic Development Advisory |
24 | | Committee to
be appointed by the Mayor or President of the |
25 | | municipality with the consent
of the majority of the governing |
26 | | board of the municipality, the members of
which Committee shall |
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1 | | be appointed for initial terms of 1, 2, 3, 4 and 5
years |
2 | | respectively, in such numbers as to provide that the terms of |
3 | | not
more than 1/3 of all such members shall expire in any one |
4 | | year. Their
successors shall be appointed for a term of 5 |
5 | | years. The Committee shall
have none of the powers enumerated |
6 | | in this Section. The Committee shall
serve in an advisory |
7 | | capacity only. The Committee may advise the governing
Board of |
8 | | the municipality and other municipal officials regarding
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9 | | development issues and opportunities within the redevelopment |
10 | | project area
or the area within the State Sales Tax Boundary. |
11 | | The Committee may also
promote and publicize development |
12 | | opportunities in the redevelopment
project area or the area |
13 | | within the State Sales Tax Boundary.
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14 | | (p) Municipalities may jointly undertake and perform |
15 | | redevelopment plans
and projects and utilize the provisions of |
16 | | the Act wherever they have
contiguous redevelopment project |
17 | | areas or they determine to adopt tax
increment financing with |
18 | | respect to a redevelopment project area which
includes |
19 | | contiguous real property within the boundaries of the
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20 | | municipalities, and in doing so, they may, by agreement between
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21 | | municipalities, issue obligations, separately or jointly, and |
22 | | expend
revenues received under the Act for eligible expenses |
23 | | anywhere within
contiguous redevelopment project areas or as |
24 | | otherwise permitted in the Act.
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25 | | (q) Utilize revenues, other than State sales tax increment |
26 | | revenues,
received under this Act from one redevelopment |
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1 | | project area for
eligible
costs in another redevelopment |
2 | | project area that is:
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3 | | (i) contiguous to the redevelopment project area from |
4 | | which the revenues are received; |
5 | | (ii) separated only by a public right of way from the |
6 | | redevelopment project area from which the revenues are |
7 | | received; or |
8 | | (iii) separated only by forest preserve property from |
9 | | the redevelopment project
area from which the revenues are |
10 | | received if the closest boundaries of the redevelopment |
11 | | project areas that are separated by the forest preserve |
12 | | property are less than one mile apart.
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13 | | Utilize tax increment revenues for eligible costs that are |
14 | | received from a
redevelopment project area created under the |
15 | | Industrial Jobs Recovery Law that
is either contiguous to, or |
16 | | is separated only by a public right of way from,
the |
17 | | redevelopment project area created under this Act which |
18 | | initially receives
these revenues. Utilize revenues, other |
19 | | than State sales tax increment
revenues, by transferring or |
20 | | loaning such revenues to a redevelopment project
area created |
21 | | under the Industrial Jobs Recovery Law that is either |
22 | | contiguous
to, or separated only by a public right of way from |
23 | | the redevelopment project
area that initially produced and |
24 | | received those revenues; and, if the
redevelopment
project area |
25 | | (i) was established before the effective date of this |
26 | | amendatory
Act of the 91st General Assembly and (ii) is located |
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1 | | within a municipality with
a population of more than 100,000,
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2 | | utilize revenues or proceeds of obligations authorized by |
3 | | Section 11-74.4-7 of
this
Act, other than use or occupation tax |
4 | | revenues, to pay for any redevelopment
project costs as defined |
5 | | by subsection (q) of Section 11-74.4-3 to the extent
that the |
6 | | redevelopment project costs involve public property that is |
7 | | either
contiguous to, or separated only by a public right of |
8 | | way from, a redevelopment
project area whether or not |
9 | | redevelopment project costs or the source of
payment for the |
10 | | costs are specifically set forth in the redevelopment plan for
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11 | | the redevelopment project area.
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12 | | (q-5) Utilize revenues, other than the State sales tax |
13 | | increment revenues, received under this Act from one |
14 | | redevelopment project area located within the City of Waukegan |
15 | | for eligible costs in another redevelopment project area |
16 | | located within the City of Waukegan. |
17 | | (r) If no redevelopment project has been initiated in a
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18 | | redevelopment
project area within 7 years after the area was |
19 | | designated by ordinance under
subsection (a), the municipality |
20 | | shall adopt an ordinance repealing the area's
designation as a |
21 | | redevelopment project area; provided, however, that if an area
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22 | | received its
designation more than 3 years before the effective |
23 | | date of this amendatory Act
of 1994 and no redevelopment |
24 | | project has been initiated
within 4 years after the effective |
25 | | date of this amendatory Act of 1994, the
municipality shall |
26 | | adopt an ordinance repealing its designation as a
redevelopment |
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1 | | project area. Initiation of a redevelopment project shall be
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2 | | evidenced by either a signed redevelopment agreement or |
3 | | expenditures on
eligible redevelopment project costs |
4 | | associated with a redevelopment project. |
5 | | Notwithstanding any other provision of this Section to the |
6 | | contrary, with respect to a redevelopment project area |
7 | | designated by an ordinance that was adopted on July 29, 1998 by |
8 | | the City of Chicago, the City of Chicago shall adopt an |
9 | | ordinance repealing the area's designation as a redevelopment |
10 | | project area if no redevelopment project has been initiated in |
11 | | the redevelopment project area within 15 years after the |
12 | | designation of the area. The City of Chicago may retroactively |
13 | | repeal any ordinance adopted by the City of Chicago, pursuant |
14 | | to this subsection (r), that repealed the designation of a |
15 | | redevelopment project area designated by an ordinance that was |
16 | | adopted by the City of Chicago on July 29, 1998. The City of |
17 | | Chicago has 90 days after the effective date of this amendatory |
18 | | Act to repeal the ordinance. The changes to this Section made |
19 | | by this amendatory Act of the 96th General Assembly apply |
20 | | retroactively to July 27, 2005.
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21 | | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
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22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law. |