Full Text of SB0368 99th General Assembly
SB0368ham001 99TH GENERAL ASSEMBLY | Rep. Michael P. McAuliffe Filed: 5/26/2015
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| 1 | | AMENDMENT TO SENATE BILL 368
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 368, on page 1, | 3 | | line 5, by replacing "Section 11-74.4-3.5" with "Sections | 4 | | 11-74.4-3.5 and 11-74.6-15"; and
| 5 | | on page 16, immediately after line 4, by inserting the | 6 | | following:
| 7 | | "(65 ILCS 5/11-74.6-15)
| 8 | | Sec. 11-74.6-15. Municipal Powers and Duties. A | 9 | | municipality may:
| 10 | | (a) By ordinance introduced in the governing body of the | 11 | | municipality
within 14 to 90 days from the final adjournment of | 12 | | the hearing specified in
Section 11-74.6-22, approve | 13 | | redevelopment plans and redevelopment
projects, and designate | 14 | | redevelopment planning areas and redevelopment project
areas | 15 | | pursuant to notice and
hearing required by this Act. No | 16 | | redevelopment planning area or redevelopment
project area |
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| 1 | | shall be
designated unless a plan and project are approved | 2 | | before the designation of
the area and the area shall include | 3 | | only those parcels of real
property and improvements on those | 4 | | parcels substantially benefited by the
proposed redevelopment | 5 | | project improvements.
Upon adoption of the ordinances, the | 6 | | municipality shall forthwith transmit to
the county clerk of | 7 | | the county or counties within which the redevelopment
project | 8 | | area is located a certified copy of the ordinances, a legal | 9 | | description
of the redevelopment project area, a map of the | 10 | | redevelopment project area,
identification of the year that the | 11 | | county clerk shall use for determining the
total initial | 12 | | equalized assessed value of the redevelopment project area
| 13 | | consistent with subsection (a) of Section 11-74.6-40, and a
| 14 | | list of the parcel or tax identification number of each parcel | 15 | | of property
included in the redevelopment project area.
| 16 | | (b) Make and enter into all contracts necessary or | 17 | | incidental to the
implementation and furtherance of its | 18 | | redevelopment plan and project.
| 19 | | (c) Within a redevelopment project area, acquire by | 20 | | purchase,
donation, lease or eminent domain; own, convey, | 21 | | lease, mortgage or
dispose of land and other property, real or | 22 | | personal, or rights or
interests therein, and grant or acquire | 23 | | licenses, easements and options
with respect to that property, | 24 | | all in the manner and at a price that the
municipality | 25 | | determines is reasonably necessary to achieve the objectives
of | 26 | | the redevelopment plan and project. No conveyance, lease, |
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| 1 | | mortgage,
disposition of land or other property owned by a | 2 | | municipality, or agreement
relating to the
development of the | 3 | | municipal property shall be made or executed except
pursuant to | 4 | | prior official action of the corporate authorities of the
| 5 | | municipality. No conveyance,
lease, mortgage, or other | 6 | | disposition of land owned by a municipality, and
no agreement | 7 | | relating to the
development of the municipal property, shall be | 8 | | made without making public
disclosure of
the terms and the | 9 | | disposition of all bids and proposals submitted to the
| 10 | | municipality in connection therewith. The procedures for | 11 | | obtaining the bids
and proposals
shall provide reasonable | 12 | | opportunity for any person to submit alternative
proposals
or | 13 | | bids.
| 14 | | (d) Within a redevelopment project area, clear any area by
| 15 | | demolition or removal of any existing buildings, structures, | 16 | | fixtures,
utilities or improvements, and to clear and grade | 17 | | land.
| 18 | | (e) Within a redevelopment project area, renovate or | 19 | | rehabilitate or
construct any structure or building, as | 20 | | permitted under this Law.
| 21 | | (f) Within or without a redevelopment project area, | 22 | | install, repair,
construct, reconstruct or relocate streets,
| 23 | | utilities and site improvements essential to the preparation of | 24 | | the
redevelopment area for use in accordance with a | 25 | | redevelopment plan.
| 26 | | (g) Within a redevelopment project area, fix, charge and |
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| 1 | | collect fees,
rents and charges for the use of all or any part | 2 | | of any building or
property owned or leased by it.
| 3 | | (h) Issue obligations as provided in this Act.
| 4 | | (i) Accept grants, guarantees and donations of property, | 5 | | labor, or other
things of value from a public or private source | 6 | | for use within a project
redevelopment area.
| 7 | | (j) Acquire and construct public facilities within a | 8 | | redevelopment
project area, as permitted under this Law.
| 9 | | (k) Incur, pay or cause to be paid redevelopment project | 10 | | costs; provided,
however,
that on and
after the effective date | 11 | | of this amendatory
Act of the 91st General Assembly, no | 12 | | municipality shall incur redevelopment
project costs (except
| 13 | | for planning and other eligible costs authorized by municipal | 14 | | ordinance or
resolution that are subsequently included in the | 15 | | redevelopment plan for the
area and are incurred after the | 16 | | ordinance or resolution is adopted) that are
not consistent | 17 | | with the program for
accomplishing the objectives of the
| 18 | | redevelopment plan as included in that plan and approved by the
| 19 | | municipality until the municipality has amended
the | 20 | | redevelopment plan as provided elsewhere in this Law.
Any | 21 | | payments to be made by the municipality to redevelopers or | 22 | | other
nongovernmental persons for redevelopment project costs | 23 | | incurred by
such redeveloper or other nongovernmental person | 24 | | shall be made only pursuant
to the prior official action of the | 25 | | municipality evidencing an intent to
pay or cause to be paid | 26 | | such redevelopment project costs. A
municipality is not |
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| 1 | | required to obtain any right, title or interest in any
real or | 2 | | personal property in order to pay redevelopment project
costs | 3 | | associated with such property. The municipality shall adopt | 4 | | such
accounting procedures as may be necessary to determine | 5 | | that such redevelopment
project costs are properly paid.
| 6 | | (l) Create a commission of not less than 5 or more than 15 | 7 | | persons to
be appointed by the mayor or president of the | 8 | | municipality with the consent
of the majority of the governing | 9 | | board of the municipality. Members of a
commission appointed | 10 | | after the effective date of this Law
shall be appointed for | 11 | | initial terms of 1, 2, 3, 4 and 5 years,
respectively, in | 12 | | numbers so that the terms of not more than
1/3 of all members | 13 | | expire in any one year. Their successors
shall be appointed for | 14 | | a term of 5 years. The commission, subject to
approval of the | 15 | | corporate authorities of the municipality, may exercise the
| 16 | | powers enumerated in this Section. The commission shall also | 17 | | have the power
to hold the public hearings required by this Act | 18 | | and make recommendations
to the corporate authorities | 19 | | concerning the adoption of redevelopment
plans, redevelopment | 20 | | projects and designation of redevelopment project areas.
| 21 | | (m) Make payment in lieu of all or a portion of real | 22 | | property taxes due
to taxing districts. If payments in lieu of | 23 | | all or a portion of taxes are
made to taxing districts, those | 24 | | payments shall be made to all districts
within a redevelopment | 25 | | project area on a basis that is proportional to the
current | 26 | | collection of revenue which each taxing district receives from |
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| 1 | | real
property in the redevelopment project area.
| 2 | | (n) Exercise any and all other powers necessary to | 3 | | effectuate the
purposes of this Act.
| 4 | | (o) In conjunction with other municipalities, undertake | 5 | | and perform
redevelopment plans and projects and utilize the | 6 | | provisions of the Act
wherever they have contiguous | 7 | | redevelopment project areas or they determine
to adopt tax | 8 | | increment allocation financing with respect to a redevelopment
| 9 | | project area that includes contiguous real property within the | 10 | | boundaries
of the municipalities, and, by agreement between | 11 | | participating
municipalities, to issue obligations, separately | 12 | | or jointly, and expend
revenues received under this Act for | 13 | | eligible expenses anywhere within
contiguous redevelopment | 14 | | project areas or as otherwise permitted in the Act. Two or more | 15 | | municipalities may designate a joint redevelopment project | 16 | | area under this subsection (o) for a single Industrial Park | 17 | | Conservation Area comprising of property within or near the | 18 | | boundaries of each municipality if: (i) both municipalities are | 19 | | located within the same Metropolitan Statistical Area, as | 20 | | defined by the United States Office of Management and Budget, | 21 | | (ii) the 4-year average unemployment rate for that Metropolitan | 22 | | Statistical Area was at least 11.3%, and (iii) at least one | 23 | | participating municipality demonstrates that it has made | 24 | | commitments to acquire capital assets to commence the project | 25 | | and that the acquisition will occur on or before December 31, | 26 | | 2011. The joint redevelopment project area must encompass an |
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| 1 | | interstate highway exchange for access and be located, in part, | 2 | | adjacent to a landfill or other solid waste disposal facility.
| 3 | | (p) Create an Industrial Jobs Recovery Advisory Committee | 4 | | of not more
than 15 members to be appointed by the mayor or | 5 | | president of the
municipality with the consent of the majority | 6 | | of the governing board of the
municipality. The members of that | 7 | | Committee shall be appointed for initial
terms of 1, 2, and 3 | 8 | | years respectively, in numbers so that the terms of
not more | 9 | | than 1/3 of all members expire in any one year. Their | 10 | | successors
shall be appointed for a term of 3 years. The | 11 | | Committee shall have none of
the powers enumerated in this | 12 | | Section. The Committee shall serve in an
advisory capacity | 13 | | only. The Committee may advise the governing board of
the | 14 | | municipality and other municipal officials regarding | 15 | | development issues
and opportunities within the redevelopment | 16 | | project area. The Committee may
also promote and publicize | 17 | | development opportunities in the redevelopment
project area.
| 18 | | (q) If a redevelopment project has not been initiated in a | 19 | | redevelopment
project area within 5 years after the area was | 20 | | designated by ordinance under
subsection (a), the municipality | 21 | | shall adopt an ordinance repealing the area's
designation as a | 22 | | redevelopment project area. Initiation of a redevelopment
| 23 | | project shall be evidenced by either a signed redevelopment | 24 | | agreement or
expenditures on eligible redevelopment project | 25 | | costs associated with a
redevelopment project.
| 26 | | (r) Within a redevelopment planning area, transfer or loan |
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| 1 | | tax increment
revenues from one redevelopment project area to | 2 | | another redevelopment project
area for expenditure on eligible | 3 | | costs in the receiving area.
| 4 | | (s) Use tax increment revenue produced in a redevelopment | 5 | | project area
created under this Law by transferring or loaning | 6 | | such revenues to a
redevelopment project area created under the | 7 | | Tax Increment Allocation
Redevelopment Act that is either | 8 | | contiguous to, or separated only by a public
right of way from, | 9 | | the redevelopment project area that initially produced and
| 10 | | received those revenues.
| 11 | | (t) The estimated dates of completion of the redevelopment | 12 | | project and retirement of obligations issued to finance | 13 | | redevelopment project costs (including refunding bonds under | 14 | | Section 11-74.6-30) may not be later than December 31 of the | 15 | | year in which the payment to the municipal treasurer as | 16 | | provided in subsection (b) of Section 11-74.6-35 of this Act is | 17 | | to be made with respect to ad valorem taxes levied in the 35th | 18 | | calendar year after the year in which the ordinance approving | 19 | | the redevelopment project area was adopted if the ordinance was | 20 | | adopted on September 23, 1997 by the City of Granite City. | 21 | | (Source: P.A. 97-591, eff. 8-26-11.)".
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