Full Text of SB1415 100th General Assembly
SB1415sam001 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1415
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1415 on page 1, | 3 | | line 5, by replacing "Section 11-74.4-3" with "Sections | 4 | | 11-74.4-3 and 11-74.4-5"; and
| 5 | | on page 37, by replacing lines 5 through 12 with the following:
| 6 | | "(7) To the extent the municipality by written | 7 | | agreement accepts and
approves
the same, all or a portion | 8 | | of a taxing district's capital costs resulting
from the | 9 | | redevelopment project necessarily incurred or to be | 10 | | incurred within a
taxing district in
furtherance of the | 11 | | objectives of the redevelopment plan and project ; . | 12 | | (7.1) Subject to subsection (k) of Section 11-74.4-5 of | 13 | | this Division,
all or a portion of a fire protection | 14 | | district's capital or operating costs resulting from the | 15 | | redevelopment project reasonably incurred or to be | 16 | | incurred within a fire protection district as a result of | 17 | | the redevelopment plan and project; "; and |
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| 1 | | on page 56, immediately below line 9, by inserting the | 2 | | following:
| 3 | | "(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
| 4 | | Sec. 11-74.4-5. Public hearing; joint review board. | 5 | | (a) The changes made by this amendatory Act of the 91st
| 6 | | General Assembly do not apply to a municipality that, (i) | 7 | | before the
effective date of this amendatory Act of the 91st | 8 | | General Assembly,
has adopted an ordinance or resolution fixing | 9 | | a time and place for a
public hearing under this Section or | 10 | | (ii) before July 1, 1999, has adopted
an ordinance or | 11 | | resolution providing for a feasibility study under Section
| 12 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving | 13 | | redevelopment plans and redevelopment projects or designating
| 14 | | redevelopment project areas under Section 11-74.4-4, until | 15 | | after that
municipality adopts an ordinance
approving | 16 | | redevelopment plans and redevelopment projects or designating
| 17 | | redevelopment project areas under Section 11-74.4-4; | 18 | | thereafter the changes
made by this amendatory Act of the 91st | 19 | | General Assembly apply to the same
extent that they apply to
| 20 | | redevelopment plans and redevelopment projects that were | 21 | | approved and
redevelopment projects that were designated | 22 | | before the effective date of this
amendatory Act of the 91st | 23 | | General Assembly.
| 24 | | Prior to the adoption of an ordinance proposing the
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| 1 | | designation of a redevelopment project area, or approving a
| 2 | | redevelopment plan or redevelopment project, the municipality | 3 | | by its
corporate authorities, or as it may determine by any | 4 | | commission
designated under subsection (k) of Section | 5 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | 6 | | and place for public hearing.
At least 10 days prior to the | 7 | | adoption of the ordinance or resolution
establishing the time
| 8 | | and place for the public hearing, the municipality shall make | 9 | | available for
public inspection a redevelopment plan or a | 10 | | separate report that provides in
reasonable detail the basis | 11 | | for the eligibility of
the redevelopment project area. The | 12 | | report along with the name of a
person to
contact for further | 13 | | information shall be sent within a reasonable time
after the | 14 | | adoption of such ordinance or resolution to the
affected taxing | 15 | | districts
by certified mail.
On and after the effective date of | 16 | | this amendatory Act of the 91st General
Assembly, the | 17 | | municipality shall print in a newspaper of general circulation
| 18 | | within the municipality a notice that interested persons may | 19 | | register with the
municipality in order to receive information | 20 | | on the proposed designation of a
redevelopment project area or | 21 | | the approval of a redevelopment plan. The notice
shall state | 22 | | the place of registration and the operating hours of that | 23 | | place.
The municipality shall have adopted reasonable rules to | 24 | | implement this
registration process under Section 11-74.4-4.2.
| 25 | | The municipality shall provide notice of the availability of | 26 | | the
redevelopment plan and eligibility report, including how to |
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| 1 | | obtain this
information, by mail within a reasonable time after | 2 | | the adoption of the
ordinance or resolution, to all residential | 3 | | addresses that, after a good faith
effort, the municipality | 4 | | determines are located outside the proposed
redevelopment | 5 | | project area and within 750 feet of the
boundaries of the | 6 | | proposed redevelopment project area. This requirement is
| 7 | | subject to the limitation that in a municipality with a | 8 | | population of over
100,000, if the total number of residential | 9 | | addresses outside the proposed
redevelopment project area and | 10 | | within 750 feet of the
boundaries of the proposed redevelopment | 11 | | project area exceeds 750, the
municipality shall be required to | 12 | | provide the notice to only the 750
residential addresses that, | 13 | | after a good faith effort, the municipality
determines are | 14 | | outside the proposed redevelopment project area and closest
to | 15 | | the boundaries of the proposed redevelopment project
area.
| 16 | | Notwithstanding the foregoing, notice given after August 7, | 17 | | 2001 (the
effective date of Public Act 92-263) and before the | 18 | | effective date of this
amendatory Act of the 92nd General | 19 | | Assembly to residential addresses within 750
feet of the | 20 | | boundaries of a proposed redevelopment project area shall be | 21 | | deemed
to have been sufficiently given in compliance with this | 22 | | Act if given only to
residents outside the boundaries of the | 23 | | proposed redevelopment project area.
The notice shall also be | 24 | | provided by the municipality, regardless of its
population, to | 25 | | those organizations and residents that have registered with the
| 26 | | municipality for that information in accordance with the |
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| 1 | | registration
guidelines established by the municipality under | 2 | | Section 11-74.4-4.2.
| 3 | | At the public hearing any
interested person or affected | 4 | | taxing district may file with the
municipal clerk written | 5 | | objections to and may be heard orally in respect
to any issues | 6 | | embodied in the notice. The municipality shall hear all | 7 | | protests
and objections at the hearing and the hearing may
be | 8 | | adjourned to another date without further notice other than a | 9 | | motion
to be entered upon the minutes fixing the time and place | 10 | | of the
subsequent hearing.
At the public hearing or at any time | 11 | | prior to the
adoption by the municipality of an ordinance | 12 | | approving a redevelopment plan,
the municipality may make | 13 | | changes in the redevelopment plan. Changes which (1)
add | 14 | | additional parcels of property to the proposed redevelopment | 15 | | project area,
(2) substantially affect the general land uses | 16 | | proposed in the redevelopment
plan, (3) substantially change | 17 | | the nature of or extend the life of the
redevelopment project,
| 18 | | or (4) increase the number of inhabited residential units to be | 19 | | displaced from the redevelopment project area, as
measured from | 20 | | the time of creation of the redevelopment project area, to a | 21 | | total of more than
10,
shall be made only after the
| 22 | | municipality gives notice,
convenes a joint review board, and | 23 | | conducts a public hearing pursuant to the
procedures set forth | 24 | | in this Section and in Section 11-74.4-6 of this Act.
Changes | 25 | | which do not (1) add additional parcels of property to the | 26 | | proposed
redevelopment project area, (2) substantially affect |
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| 1 | | the general land uses
proposed in the redevelopment plan, (3) | 2 | | substantially change the nature of
or extend the life of the | 3 | | redevelopment project,
or (4) increase the number of inhabited | 4 | | residential units to be displaced from the redevelopment | 5 | | project area, as
measured from the time of creation of the | 6 | | redevelopment project area, to a total
of more than 10,
may be | 7 | | made without further
hearing, provided that the municipality | 8 | | shall give notice of any such changes
by mail to each affected | 9 | | taxing district and registrant on the interested
parties | 10 | | registry, provided for under Section 11-74.4-4.2, and by | 11 | | publication in
a newspaper of
general circulation within the | 12 | | affected taxing district. Such notice by mail
and by | 13 | | publication shall each occur not later than 10 days following | 14 | | the
adoption by ordinance of such changes. Hearings with regard | 15 | | to a redevelopment
project area, project or plan may be held | 16 | | simultaneously.
| 17 | | (b) Prior to holding a public hearing to approve or amend a | 18 | | redevelopment
plan or to designate or add additional parcels of | 19 | | property to a redevelopment
project area, the municipality
| 20 | | shall convene a joint review board. The board shall consist of | 21 | | a representative
selected by each community college district, | 22 | | local elementary school
district and high school district or | 23 | | each local community unit school
district, park district, | 24 | | library district, township, fire protection
district, and | 25 | | county that will have the authority to
directly levy taxes on | 26 | | the property within the proposed redevelopment
project area at |
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| 1 | | the time that the proposed redevelopment project area is
| 2 | | approved, a representative selected by the municipality and a | 3 | | public
member. The public member shall first be selected and | 4 | | then the board's
chairperson shall be selected by
a majority of | 5 | | the board members present and voting.
| 6 | | For redevelopment project areas with redevelopment plans | 7 | | or proposed
redevelopment plans that would
result in the | 8 | | displacement of residents from 10 or more inhabited residential
| 9 | | units or that include 75 or more inhabited residential units, | 10 | | the public member
shall be a person who resides in the | 11 | | redevelopment project area. If, as
determined by the housing | 12 | | impact study provided for in paragraph (5) of
subsection (n) of | 13 | | Section 11-74.4-3, or if no housing impact study is required
| 14 | | then based on other reasonable data, the majority of | 15 | | residential units are
occupied by very low, low, or moderate | 16 | | income households, as defined in Section
3 of the Illinois | 17 | | Affordable Housing Act, the public member shall be a person
who | 18 | | resides in very low, low, or moderate income housing within the
| 19 | | redevelopment project area. Municipalities with fewer than | 20 | | 15,000 residents
shall not be required to select a person who | 21 | | lives in very low, low, or
moderate income housing within the | 22 | | redevelopment project area, provided that
the redevelopment | 23 | | plan or project will not result in displacement of residents
| 24 | | from 10 or more inhabited units, and the municipality so | 25 | | certifies
in the plan. If no person satisfying these | 26 | | requirements is available or if no
qualified person will serve |
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| 1 | | as the public member, then the joint review board
is relieved | 2 | | of this paragraph's selection requirements for the public
| 3 | | member.
| 4 | | Within 90 days of the effective date of this amendatory Act | 5 | | of the 91st
General Assembly, each municipality that designated | 6 | | a redevelopment project
area for which it was not required to | 7 | | convene a joint review board under this
Section shall convene a | 8 | | joint review board to perform the
duties specified under | 9 | | paragraph (e) of this Section.
| 10 | | All board members shall be appointed and the first board | 11 | | meeting shall be
held at least 14 days but not more than 28 | 12 | | days after the
mailing of notice by the
municipality to the | 13 | | taxing
districts as required by Section 11-74.4-6(c).
| 14 | | Notwithstanding the preceding sentence, a municipality that | 15 | | adopted either a
public hearing resolution or a feasibility | 16 | | resolution between July 1, 1999 and
July 1, 2000 that called | 17 | | for the meeting of the joint review board within 14
days of | 18 | | notice of public hearing to affected taxing districts is deemed | 19 | | to be
in compliance with the notice, meeting, and public | 20 | | hearing provisions of the
Act.
Such notice
shall also advise
| 21 | | the taxing bodies represented on the joint review board of the | 22 | | time and place
of the first meeting of the board. Additional | 23 | | meetings of the
board shall be held upon the call of any | 24 | | member. The municipality
seeking designation of the | 25 | | redevelopment project area shall provide
administrative | 26 | | support to the board.
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| 1 | | The board shall review (i) the public record, planning | 2 | | documents and
proposed ordinances approving the redevelopment | 3 | | plan and
project and (ii) proposed amendments to the | 4 | | redevelopment plan or additions
of parcels of property to the | 5 | | redevelopment project area to be
adopted by the municipality. | 6 | | As part of its deliberations, the board may
hold additional | 7 | | hearings on the proposal. A
board's recommendation shall be
an | 8 | | advisory, non-binding recommendation. The recommendation shall | 9 | | be adopted
by a majority of those members present and voting. | 10 | | The recommendations shall
be submitted to the municipality
| 11 | | within 30 days after convening of the board.
Failure of the | 12 | | board to
submit
its report on a timely basis shall not be cause | 13 | | to delay the public hearing
or any other step in the process of | 14 | | designating or
amending the
redevelopment project area but | 15 | | shall be deemed to constitute approval by the
joint review | 16 | | board of the matters before it.
| 17 | | The board shall base its recommendation to approve or | 18 | | disapprove the
redevelopment plan and the designation of the | 19 | | redevelopment project area or the
amendment of the | 20 | | redevelopment plan or addition of parcels of property to the
| 21 | | redevelopment project area on the basis of the redevelopment | 22 | | project area and
redevelopment plan satisfying the
plan | 23 | | requirements, the eligibility criteria
defined in Section | 24 | | 11-74.4-3, and the objectives of this Act.
| 25 | | The board shall issue a written report describing why the
| 26 | | redevelopment plan and project area or the amendment thereof |
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| 1 | | meets or
fails to meet one or more of the objectives of this | 2 | | Act and both the plan
requirements and the eligibility criteria | 3 | | defined in Section 11-74.4-3.
In the event the Board does not | 4 | | file a report it shall be presumed
that these taxing bodies | 5 | | find the redevelopment project area and
redevelopment plan | 6 | | satisfy the
objectives of this Act and the plan requirements | 7 | | and eligibility criteria.
| 8 | | If the board recommends rejection of the matters before it, | 9 | | the
municipality will have 30 days within which to resubmit the | 10 | | plan or amendment.
During this period, the municipality will | 11 | | meet and confer with the board and
attempt to resolve those | 12 | | issues set forth in the board's written report that
led to the | 13 | | rejection of the plan or amendment.
| 14 | | Notwithstanding the resubmission set forth above, the | 15 | | municipality may
commence the scheduled public hearing and | 16 | | either adjourn the public hearing or
continue the public | 17 | | hearing until a date certain. Prior to continuing any
public | 18 | | hearing to a date certain, the municipality shall announce | 19 | | during the
public hearing the time, date, and location for the | 20 | | reconvening of the public
hearing. Any changes to the | 21 | | redevelopment plan necessary to satisfy the issues
set forth in | 22 | | the joint review board report shall be the subject of a public
| 23 | | hearing before the hearing is adjourned if the changes would | 24 | | (1) substantially
affect the general land uses proposed in the | 25 | | redevelopment plan, (2)
substantially change the nature of or | 26 | | extend the life of the redevelopment
project, or (3) increase |
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| 1 | | the number of inhabited residential units to be
displaced from | 2 | | the redevelopment project area, as
measured from the
time of | 3 | | creation of the redevelopment project area, to a total of
more | 4 | | than 10. Changes to the redevelopment plan necessary
to
satisfy | 5 | | the issues set forth in the joint review board report shall not | 6 | | require
any further notice or convening of a joint review board | 7 | | meeting, except that
any changes to the redevelopment plan that | 8 | | would add additional parcels of
property to the proposed | 9 | | redevelopment project area shall be subject to the
notice, | 10 | | public hearing, and joint review board meeting requirements | 11 | | established
for such changes by subsection (a) of Section | 12 | | 11-74.4-5.
| 13 | | In the event that the
municipality and the board are unable | 14 | | to resolve these differences, or in the
event that the | 15 | | resubmitted plan or amendment is rejected by the board, the
| 16 | | municipality may proceed with the plan or amendment, but only | 17 | | upon a
three-fifths vote of the corporate authority responsible | 18 | | for approval of the
plan or amendment, excluding positions of | 19 | | members that are vacant and those
members that are ineligible | 20 | | to vote because of conflicts of interest.
| 21 | | (c) After a municipality has by ordinance approved a | 22 | | redevelopment plan
and designated a redevelopment project | 23 | | area, the plan may be amended and
additional properties may be | 24 | | added to the redevelopment project area only as
herein | 25 | | provided. Amendments which (1) add additional parcels of | 26 | | property to
the proposed redevelopment project area, (2) |
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| 1 | | substantially affect the general
land uses proposed in the | 2 | | redevelopment plan, (3) substantially change the
nature of the | 3 | | redevelopment project, (4) increase the total estimated
| 4 | | redevelopment
project costs set out in the redevelopment plan | 5 | | by more than 5% after
adjustment for inflation from the date | 6 | | the plan was adopted, (5) add
additional redevelopment project | 7 | | costs to the itemized list of redevelopment
project costs set | 8 | | out in the redevelopment plan, or (6) increase the number of
| 9 | | inhabited residential units to be
displaced from the | 10 | | redevelopment
project area, as measured from the time of | 11 | | creation of
the
redevelopment project area, to a total of more | 12 | | than
10, shall be made only after
the
municipality gives | 13 | | notice, convenes a joint review board, and conducts a public
| 14 | | hearing pursuant to the procedures set forth in this Section | 15 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) | 16 | | add additional parcels of
property to the proposed | 17 | | redevelopment project area, (2) substantially affect
the | 18 | | general land uses proposed in the redevelopment plan, (3) | 19 | | substantially
change the nature of the redevelopment project, | 20 | | (4) increase the total
estimated redevelopment project cost set | 21 | | out in the redevelopment plan by more
than 5% after adjustment | 22 | | for inflation from the date the plan was adopted,
(5) add | 23 | | additional redevelopment project costs to the itemized list of
| 24 | | redevelopment project costs set out in the redevelopment plan, | 25 | | or (6) increase
the number of inhabited residential units to be | 26 | | displaced from the
redevelopment project area, as measured from |
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| 1 | | the time of
creation of
the redevelopment project area, to a | 2 | | total of more than 10, may be made
without further public | 3 | | hearing
and related notices and procedures including the | 4 | | convening of a joint review
board as set forth in Section | 5 | | 11-74.4-6 of this Act, provided that the
municipality shall | 6 | | give notice of
any such changes by mail to each affected taxing | 7 | | district and registrant on the
interested parties registry, | 8 | | provided for under Section 11-74.4-4.2, and by
publication in
a | 9 | | newspaper of general circulation within the affected taxing | 10 | | district. Such
notice by mail and by publication shall each | 11 | | occur not later than 10 days
following the adoption by | 12 | | ordinance of such changes.
| 13 | | (d) After the effective date of this amendatory Act of the | 14 | | 91st General
Assembly, a
municipality shall submit in an | 15 | | electronic format the
following information for each | 16 | | redevelopment project area (i) to the State
Comptroller under | 17 | | Section 8-8-3.5 of the Illinois Municipal Code, subject to any | 18 | | extensions or exemptions provided at the Comptroller's | 19 | | discretion under that Section,
and (ii) to all taxing districts | 20 | | overlapping the
redevelopment project area no later than 180
| 21 | | days after the close of each municipal fiscal year or as soon | 22 | | thereafter as
the audited financial
statements become | 23 | | available and, in any case, shall be submitted before the
| 24 | | annual meeting of the Joint Review Board to each of the taxing | 25 | | districts that
overlap the redevelopment project area:
| 26 | | (1) Any amendments to the redevelopment plan, the |
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| 1 | | redevelopment
project area, or the State Sales Tax | 2 | | Boundary.
| 3 | | (1.5) A list of the redevelopment project areas | 4 | | administered by the
municipality and, if applicable, the | 5 | | date each redevelopment project area was
designated or | 6 | | terminated by the municipality.
| 7 | | (2) Audited financial statements of the special tax | 8 | | allocation fund once a
cumulative total of $100,000 has | 9 | | been deposited in the fund.
| 10 | | (3) Certification of the Chief Executive Officer of the | 11 | | municipality
that the municipality has complied with all of | 12 | | the requirements of this Act
during the preceding fiscal | 13 | | year.
| 14 | | (4) An opinion of legal counsel that the municipality | 15 | | is in compliance
with this Act.
| 16 | | (5) An analysis of the special tax allocation fund | 17 | | which sets forth:
| 18 | | (A) the balance in the special tax allocation fund | 19 | | at the beginning of
the fiscal year;
| 20 | | (B) all amounts deposited in the special tax | 21 | | allocation fund by source;
| 22 | | (C) an itemized list of all expenditures from the | 23 | | special tax
allocation fund by category of
permissible | 24 | | redevelopment project cost; and
| 25 | | (D) the balance in the special tax allocation fund | 26 | | at the end of the
fiscal year including a breakdown of |
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| 1 | | that balance by source and a breakdown
of that balance | 2 | | identifying any portion of the balance that is | 3 | | required,
pledged, earmarked, or otherwise designated | 4 | | for payment of or securing of
obligations and | 5 | | anticipated redevelopment project costs. Any portion | 6 | | of
such ending balance that has not been identified or | 7 | | is not identified as
being
required, pledged, | 8 | | earmarked, or otherwise designated for payment of or
| 9 | | securing of obligations or anticipated redevelopment | 10 | | projects costs
shall be designated as surplus as set | 11 | | forth in Section
11-74.4-7 hereof.
| 12 | | (6) A description of all property purchased by the | 13 | | municipality within
the redevelopment project area | 14 | | including:
| 15 | | (A) Street address.
| 16 | | (B) Approximate size or description of property.
| 17 | | (C) Purchase price.
| 18 | | (D) Seller of property.
| 19 | | (7) A statement setting forth all activities | 20 | | undertaken in furtherance
of the objectives of the | 21 | | redevelopment plan, including:
| 22 | | (A) Any project implemented in the preceding | 23 | | fiscal year.
| 24 | | (B) A description of the redevelopment activities | 25 | | undertaken.
| 26 | | (C) A description of any agreements entered into by |
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| 1 | | the municipality
with
regard to the disposition or | 2 | | redevelopment of any property within the
redevelopment | 3 | | project area or the area within the State Sales Tax | 4 | | Boundary.
| 5 | | (D) Additional information on the use of all funds | 6 | | received under this
Division and steps taken by the
| 7 | | municipality to achieve the objectives of the | 8 | | redevelopment plan.
| 9 | | (E) Information regarding contracts that the | 10 | | municipality's tax
increment advisors or consultants | 11 | | have entered into with entities or persons
that have | 12 | | received, or are receiving, payments financed by tax | 13 | | increment
revenues produced by the same redevelopment | 14 | | project area.
| 15 | | (F) Any reports submitted to the municipality by | 16 | | the joint review board.
| 17 | | (G) A review of public and, to the extent possible, | 18 | | private investment
actually undertaken to date after | 19 | | the effective date of this amendatory Act of
the 91st | 20 | | General Assembly and estimated to be undertaken during | 21 | | the following
year. This review shall, on a | 22 | | project-by-project basis, set forth the
estimated | 23 | | amounts of public and private investment incurred | 24 | | after the effective
date of this amendatory Act of the | 25 | | 91st General Assembly and provide the ratio
of private | 26 | | investment to public investment to the date of the |
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| 1 | | report and as
estimated to the completion of the | 2 | | redevelopment project.
| 3 | | (8) With regard to any obligations issued by the | 4 | | municipality:
| 5 | | (A) copies of any official statements; and
| 6 | | (B) an analysis prepared by financial advisor or | 7 | | underwriter setting
forth: (i) nature and term of | 8 | | obligation; and (ii) projected debt service
including | 9 | | required reserves and debt coverage.
| 10 | | (9) For special tax allocation funds that have | 11 | | experienced cumulative
deposits of incremental tax | 12 | | revenues of $100,000 or more, a certified audit
report | 13 | | reviewing compliance
with this Act
performed by an | 14 | | independent public accountant certified and licensed by | 15 | | the
authority of the State of Illinois. The financial | 16 | | portion of the audit
must be conducted in accordance with | 17 | | Standards for Audits of Governmental
Organizations, | 18 | | Programs, Activities, and Functions adopted by the
| 19 | | Comptroller General of the United States (1981), as | 20 | | amended, or the standards
specified by Section 8-8-5 of the | 21 | | Illinois Municipal Auditing Law of the
Illinois Municipal | 22 | | Code. The audit
report shall contain a letter from the | 23 | | independent certified public accountant
indicating | 24 | | compliance or noncompliance with the requirements
of | 25 | | subsection (q) of Section 11-74.4-3. For redevelopment | 26 | | plans or
projects that would result in the displacement of |
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| 1 | | residents from 10 or more
inhabited residential units or | 2 | | that contain 75 or more inhabited residential
units, notice | 3 | | of the availability of the information, including how to | 4 | | obtain
the report, required in this subsection shall also | 5 | | be sent by mail to all
residents or organizations that | 6 | | operate in the municipality that register with
the | 7 | | municipality for that information according to | 8 | | registration procedures
adopted under Section 11-74.4-4.2. | 9 | | All municipalities are subject to this
provision.
| 10 | | (10) A list of all intergovernmental agreements in | 11 | | effect during the fiscal year to which the municipality is | 12 | | a party and an accounting of any moneys transferred or | 13 | | received by the municipality during that fiscal year | 14 | | pursuant to those intergovernmental agreements. | 15 | | (d-1) Prior to the effective date of this amendatory Act of | 16 | | the 91st
General Assembly, municipalities with populations of | 17 | | over 1,000,000 shall,
after
adoption of a redevelopment plan or | 18 | | project, make available upon request to any
taxing district in | 19 | | which the redevelopment project area is located the
following | 20 | | information:
| 21 | | (1) Any amendments to the redevelopment plan, the | 22 | | redevelopment project
area, or the State Sales Tax | 23 | | Boundary; and
| 24 | | (2) In connection with any redevelopment project area | 25 | | for which the
municipality has outstanding obligations | 26 | | issued to provide for redevelopment
project costs pursuant |
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| 1 | | to Section 11-74.4-7, audited financial statements of
the | 2 | | special tax allocation fund.
| 3 | | (e) The joint review board shall meet annually 180 days
| 4 | | after the close of the municipal fiscal year or as soon as the | 5 | | redevelopment
project audit for that fiscal year becomes | 6 | | available to review the
effectiveness and status of the | 7 | | redevelopment project area up to that date.
| 8 | | (f) (Blank).
| 9 | | (g) In the event that a municipality has held a public | 10 | | hearing under this
Section prior to March 14, 1994 (the | 11 | | effective date of Public Act 88-537), the
requirements imposed | 12 | | by Public Act 88-537 relating to the method of fixing the
time | 13 | | and place for public hearing, the materials and information | 14 | | required to be
made available for public inspection, and the | 15 | | information required to be sent
after adoption of an ordinance | 16 | | or resolution fixing a time and place for public
hearing shall | 17 | | not be applicable.
| 18 | | (h) On and after the effective date of this amendatory Act | 19 | | of the 96th General Assembly, the State Comptroller must post | 20 | | on the State Comptroller's official website the information | 21 | | submitted by a municipality pursuant to subsection (d) of this | 22 | | Section. The information must be posted no later than 45 days | 23 | | after the State Comptroller receives the information from the | 24 | | municipality. The State Comptroller must also post a list of | 25 | | the municipalities not in compliance with the reporting | 26 | | requirements set forth in subsection (d) of this Section. |
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| 1 | | (i) No later than 10 years after the corporate authorities | 2 | | of a municipality adopt an ordinance to establish a | 3 | | redevelopment project area, the municipality must compile a | 4 | | status report concerning the redevelopment project area. The | 5 | | status report must detail without limitation the following: (i) | 6 | | the amount of revenue generated within the redevelopment | 7 | | project area, (ii) any expenditures made by the municipality | 8 | | for the redevelopment project area including without | 9 | | limitation expenditures from the special tax allocation fund, | 10 | | (iii) the status of planned activities, goals, and objectives | 11 | | set forth in the redevelopment plan including details on new or | 12 | | planned construction within the redevelopment project area, | 13 | | (iv) the amount of private and public investment within the | 14 | | redevelopment project area, and (v) any other relevant | 15 | | evaluation or performance data. Within 30 days after the | 16 | | municipality compiles the status report, the municipality must | 17 | | hold at least one public hearing concerning the report. The | 18 | | municipality must provide 20 days' public notice of the | 19 | | hearing. | 20 | | (j) Beginning in fiscal year 2011 and in each fiscal year | 21 | | thereafter, a municipality must detail in its annual budget (i) | 22 | | the revenues generated from redevelopment project areas by | 23 | | source and (ii) the expenditures made by the municipality for | 24 | | redevelopment project areas. | 25 | | (k) Before funds for capital or operating costs under | 26 | | paragraph (7.1) of subsection (g) of Section 11-74.4-3 are |
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| 1 | | disbursed, a fire protection district shall make a written | 2 | | request to the joint review board. The amount requested in each | 3 | | year shall not exceed the fire protection district's | 4 | | proportional share of the municipality's Special Tax Increment | 5 | | Fund for the preceding levy year. The joint review board shall | 6 | | convene after the receipt of a written request by a fire | 7 | | protection district to review the request for funds for capital | 8 | | or operating costs. The board shall reject or approve the | 9 | | request on or before 90 days after receipt of the request. If | 10 | | the board does not reject or approve the request on or before | 11 | | 90 days after receipt of the request, then the request is | 12 | | approved in the amount requested or the amount that will not | 13 | | exceed the fire protection district's proportional share of the | 14 | | municipality's Special Tax Increment Fund for the preceding | 15 | | levy year, whichever is less. | 16 | | (Source: P.A. 98-922, eff. 8-15-14.)".
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