(315 ILCS 20/1) (from Ch. 67 1/2, par. 251)
Sec. 1.
Title of Act.
This Act may be cited as
the Neighborhood Redevelopment Corporation Law.
(Source: P.A. 86-1475.)
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(315 ILCS 20/2) (from Ch. 67 1/2, par. 252)
Sec. 2.
Necessity and purpose of act and declaration of public policy and public
use.
There exist in certain urban areas of the State these degenerative
conditions, at once both characteristic and causative of Slum and Blight
Areas, namely:
(1) Disproportionate tax delinquency and consequent inadequacy of tax
payments in relation to the cost of State and municipal services rendered;
(2) Economic deterioration of properties and impaired investments;
(3) A constant exodus of the population of such areas resulting in the
further deterioration of such areas and in added costs to the
municipalities of this State for the creation of new public facilities and
services elsewhere;
(4) Age, physical deterioration or obsolescence of improvements in such
areas particularly those improvements affording family accommodations, to
such a degree as to render such areas unfit and unsafe for human use and
habitation; and
(5) Prevalence of the factors conducive to ill health, transmission of
disease, infant mortality, juvenile delinquency, crime and poverty.
Such Slum and Blight Areas are usually situated in the older and more
centrally located portions of the cities, villages and incorporated towns
involved and, once existing, spread unless eradicated. As a result of these
degenerative conditions, the territories and properties embraced in Slum
and Blight Areas fall into a state of non-productiveness, fail to share
their due and proper portion of the taxes necessary for the support of the
municipalities within whose boundaries they are situated, and ultimately
become waste territories, economic and social, producing but a meager,
while consuming a disproportionate, share of the public revenue raised by
government to defray the cost of police and fire protection, to preserve
the public health and to promote the general welfare. The drain upon the
public revenue necessitated by Slum and Blight Areas, if they are permitted
to remain and spread, will impair these indispensable governmental
functions not only as to such areas but as to the municipalities and the
State as well.
The elimination of these degenerative conditions, and the rehabilitation
and rebuilding of Slum and Blight Areas, is in the best interests of the
health, morals, safety and general welfare of the citizens of the State.
The accomplishment of these ends by private initiative, through
Neighborhood Redevelopment Corporations, supervised and regulated by the
public, should be fostered, encouraged and aided. Accordingly, such
elimination and rehabilitation and rebuilding, through the activities of
Neighborhood Redevelopment Corporations as provided by this Act, are hereby
declared to be a public use, and Neighborhood Redevelopment Corporations,
for these purposes, are hereby authorized to be created with the powers and
subject to the public supervision and regulation as hereinafter set forth.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/3) (from Ch. 67 1/2, par. 253)
Sec. 3.
Whenever used or referred to in this Act, the terms defined in the Sections following this Section and preceding Section 4, inclusive, have the meanings and inclusions therein
ascribed, unless a different intent clearly appears from the context.
(Source: P.A. 97-333, eff. 8-12-11.)
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(315 ILCS 20/3-1) (from Ch. 67 1/2, par. 253-1)
Sec. 3-1.
"Development" means specific work repair or improvement to put
into effect a Development Plan. The term includes the Real Property,
buildings and improvements owned, constructed, managed or operated by a
Neighborhood Redevelopment Corporation.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-2) (from Ch. 67 1/2, par. 253-2)
Sec. 3-2.
"Development Area" means that portion of a Slum and Blight or
Conservation Area to which a Development Plan is applicable and for the
Redevelopment of which portion a certificate of convenience and necessity
is issued by the Redevelopment Commission.
(Source: Laws 1953, p. 1138.)
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(315 ILCS 20/3-3) (from Ch. 67 1/2, par. 253-3)
Sec. 3-3.
"Development Cost" means the amount determined, either
prospectively or otherwise, by the Redevelopment Commission to be the
actual cost of the Development and includes, among other costs, the costs
of planning the Development, including preliminary studies and surveys,
neighborhood planning, and architectural, engineering and legal services,
the costs of financing the Development, including carrying charges during
construction, the cost of the Real Property included in the Development,
the cost of demolition of existing structures, the costs of landscaping and
roadways, the cost of installation of water, sewer and other utility
services, the costs of construction, equipment and furnishing of buildings
and improvements, including architectural, engineering, builders' and legal
fees, the costs of reconstruction, rehabilitation, remodeling or repair of
existing buildings, improvements and of utility services, the cost of
management and operation until the Development is ready for use, and the
cost of improving that portion of the Development Area which is to be
devoted for use as a park, playground or recreation center, together with
such additions to Development Cost as result from additions to the
Development in accordance with the original Development Plan or amendments
thereto.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-4) (from Ch. 67 1/2, par. 253-4)
Sec. 3-4.
"Development Plan" means a plan for the Redevelopment of
all or any part of a Slum and Blight or Conservation Area, which plan
may include but is not limited to (1) land uses, residential and
non-residential; (2) improvement, alteration, or vacation of major and
minor streets and alleys, provision for restricted service access, and
off-street parking; (3) locations and easements for public utilities;
(4) community facilities; (5) landscaping and site engineering; (6)
building restrictions; (7) recommended construction and repair,
including new buildings, rehabilitation and conversions, demolition of
designated structures, and elimination of non-conforming uses; (8)
population density, ground coverage, and number of dwelling units
recommended; (9) recommended standards of maintenance, and requirements
of applicable health and safety ordinances; (10) zoning and/or rezoning
required; (11) the sale and resale of property; (12) costs and financing
arrangements of public portions of the plan; (13) recommended time table
of various stages of the program; (14) any and all other steps needed to
carry out the plan and includes any amendments to such a plan approved
by the Redevelopment Commission, in accordance with the requirements of
Section 23 of this Act. Such plan shall conform to the comprehensive
plan of the municipality if any and shall provide that there shall be no
discrimination on account of race, color, creed, national origin or sex.
(Source: P.A. 81-266.)
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(315 ILCS 20/3-5) (from Ch. 67 1/2, par. 253-5)
Sec. 3-5.
"Mortgage" means a mortgage, trust indenture, deed of trust or
other instrument creating a lien on Real Property, and the indebtedness
secured thereby.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-6) (from Ch. 67 1/2, par. 253-6)
Sec. 3-6.
"Neighborhood Redevelopment Corporation" means a corporation
organized pursuant to the provisions of this Act.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-7) (from Ch. 67 1/2, par. 253-7)
Sec. 3-7.
"Plan Commission" means the plan commission of any city, village
or incorporated town as authorized by Division 12 of Article 11 of the
Illinois Municipal Code, as heretofore and hereafter amended.
(Source: Laws 1961, p. 1381.)
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(315 ILCS 20/3-8) (from Ch. 67 1/2, par. 253-8)
Sec. 3-8.
"Real Property" means lands, lands under water, structures, and
any and all easements, franchises and incorporeal hereditaments and
estates, and rights therein, legal and equitable, including terms for years
and liens by way of judgment, mortgage or otherwise.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-9) (from Ch. 67 1/2, par. 253-9)
Sec. 3-9.
"Redevelopment" means the eradication, rehabilitation, repair and
rebuilding of all or any part of the structures within a Slum and Blight or
Conservation Area, and the provision for such industrial, commercial,
residential or public structures or spaces as may be appropriate or
necessary, including recreational and other facilities incidental or
appurtenant thereto.
(Source: Laws 1953, p. 1138.)
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(315 ILCS 20/3-10) (from Ch. 67 1/2, par. 253-10)
Sec. 3-10.
"Redevelopment Commission" means the commission created and
established pursuant to the provisions of Section 4 of this Act.
(Source: Laws 1947, p. 685.)
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(315 ILCS 20/3-11) (from Ch. 67 1/2, par. 253-11)
Sec. 3-11. "Slum and Blight Areas" means those urban districts in which the
major portion of the housing is detrimental to the health, safety, morality
or welfare of the occupants by reason of age, dilapidation, overcrowding,
faulty arrangement, lack of ventilation, light or sanitation facilities, or
any combination of these factors.
In St. Clair County, "slum and blighted area" also means any area of not less
in the
aggregate than 2 acres located within the territorial limits of a municipality
where
buildings or improvements, by reason of dilapidation, obsolescence,
overcrowding, faulty
arrangement or design, lack of ventilation, light and sanitary facilities,
excessive land
coverage, deleterious land use or layout or any combination of these factors,
are
detrimental to the public safety, health, morals, or welfare.
(Source: P.A. 93-1037, eff. 6-1-05.)
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(315 ILCS 20/3-12) (from Ch. 67 1/2, par. 253-12)
Sec. 3-12.
"Conservation Area" shall mean an area in which the structures
in fifty per cent or more of the area are residential having an average age
of thirty-five years or more. Such an area by reason of dilapidation, obsolescence, or deterioration, or illegal
use of individual structures, overcrowding of structures and community
facilities, conversion of residential units into non-residential use,
deleterious land use or layout or any combination of these factors may
become a Slum and Blighted Area.
(Source: P.A. 102-510, eff. 8-20-21.)
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(315 ILCS 20/4) (from Ch. 67 1/2, par. 254)
Sec. 4. Creation
and establishment of redevelopment commissions.
(a) Any city, village or incorporated town shall have the power to
provide
for the creation of a Redevelopment Commission to supervise and regulate
Neighborhood Redevelopment Corporations organized pursuant to the
provisions of this Act to operate within the boundaries of such city,
village or incorporated town.
(1) Except as provided in subdivision (a)(2), such | ||
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(2) In St. Clair County, the Redevelopment Commission | ||
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The initial terms of members of the Redevelopment | ||
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Each subsequent Commissioner appointed under this | ||
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The unexpired term of any vacancy in the membership | ||
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In addition to the 5 or 7 appointed members, the | ||
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(b) No person holding stocks or Mortgages in any Neighborhood
Redevelopment
Corporation, or who is in any other manner directly or indirectly
pecuniarily interested in such Neighborhood Redevelopment Corporation, or
in the Development undertaken by it, shall be appointed as a member of, or
be employed by, that Redevelopment Commission to whose supervision and
regulation such Neighborhood Redevelopment Corporation is subject. If any
such member or employee shall voluntarily become so interested his office
or employment shall ipso facto become vacant. If any such member or
employee becomes so interested otherwise than voluntarily he shall within
ninety days divest himself of such interest and if he fails to do so his
office or employment shall become vacant.
(c) The Redevelopment Commission shall have power, subject to the
approval
of the city council of the city, or of the president and the board of
trustees of the village or incorporated town, as the case may be, to
appoint a secretary and from time to time to employ such accountants,
engineers, architects, experts, inspectors, clerks and other employees and
fix their compensation.
(d) Each member of the Redevelopment Commission shall receive such
salary as
shall be fixed by the city council of the city, or by the president and the
board of trustees of the village or incorporated town, as the case may be,
and said city council or president and board of trustees shall have power
to provide for the payment of the salaries of all members and the expenses
of the Redevelopment Commission.
(Source: P.A. 93-1037, eff. 6-1-05.)
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(315 ILCS 20/4.1) (from Ch. 67 1/2, par. 254.1)
Sec. 4.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(315 ILCS 20/5) (from Ch. 67 1/2, par. 255)
Sec. 5.
Rules
and regulations, seal and authentication of records, etc.
Consistent with the provisions of this Act, the Redevelopment Commission
may adopt such rules and regulations and may alter, amend and repeal the
same as it shall deem advisable relative to the calling, holding and
conduct of its meetings, the transaction of its business, the regulation
and control of its employees, the conduct of hearings, inquiries and
investigations, and the performance in general of its duties and powers
hereunder.
A majority of the members of the Redevelopment Commission shall
constitute a quorum to transact business and no vacancy shall impair the
right of the remaining members to exercise all its powers; and every order,
rule or regulation of the Redevelopment Commission approved by a majority
of the members thereof shall be deemed to be the order, rule or regulation
of the Redevelopment Commission.
The Redevelopment Commission may adopt, keep, and use a common seal, of
which judicial notice shall be taken in all courts of this State. Any
notice, instrument or document which the Redevelopment Commission may be
authorized by law to issue shall be deemed sufficient if signed by its
secretary and authenticated by such seal. All orders, rules, regulations
and records of the Redevelopment Commission, and all instruments or
documents filed with it may be proved in any court of this State by a copy
thereof certified by the secretary under the seal of the Redevelopment
Commission.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/6) (from Ch. 67 1/2, par. 256)
Sec. 6.
Neighborhood redevelopment corporations authorized-Supervision by
redevelopment commission.
Neighborhood Redevelopment Corporations may be organized in the manner
provided by this Act to acquire Real Property, to alter, renovate,
demolish or rebuild existing improvements thereon, and to construct,
maintain and operate a Development therein, when authorized by and subject
to the supervision of the Redevelopment Commission of the city, village or
incorporated town wherein the Development Area is located, for the purpose
of effecting the Redevelopment of Slum and Blight or Conservation Areas in
the manner provided by this Act; Provided, that the business and conduct of
each Neighborhood Redevelopment Corporation, until the Redevelopment of its
Development Area has been achieved, shall be subject, as hereinafter
provided, to the supervision and regulation of the Redevelopment Commission
of the city, village or incorporated town wherein its Development Area is
located.
(Source: Laws 1953, p. 1138.)
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(315 ILCS 20/7) (from Ch. 67 1/2, par. 257)
Sec. 7.
Statement of incorporation.
Whenever three or more adult persons, citizens of the United States of
America, at least two of whom shall be citizens of this State, shall desire
to form a corporation under this Act, they shall sign, acknowledge and
verify under oath before some officer competent to take acknowledgment of
deeds, a statement of incorporation in duplicate setting forth the
following:
(1) The name of the corporation.
(2) The name and address, including street and number, if any, of each
incorporator.
(3) A statement of the objects for which it is formed, among which shall
be included the elimination of degenerative conditions and the
rehabilitation and rebuilding of that Development Area whose Redevelopment
it is authorized to undertake pursuant to a certificate of convenience and
necessity issued by the Redevelopment Commission.
(4) The period of duration, which shall not be more than sixty years,
and which shall be without reviver.
(5) The address, including street and number, if any, of its initial
registered office in this State, and the name of its initial registered
agent at such address.
(6) The total amount of authorized capital stock.
(7) The number of shares into which the capital stock is to be divided,
and the par value thereof; if the shares are to be divided into classes of
common and preferred shares, the number of shares of each class and a
statement of the preferences, qualifications, limitations, restrictions,
and the special or relative rights in respect of the shares of each class;
Provided, that no shares shall be without par value.
(8) The names and addresses (including street and number, if any) of the
pre-incorporation subscribers to the common shares, and the amount
subscribed and paid by each; Provided, that no pre-incorporation
subscription shall be made for preferred shares.
(9) The number of common shares which it is proposed to issue at once,
and the amount of currency or legal tender to be received by the
corporation therefor; Provided, that no consideration other than currency
or legal tender of the United States of America shall be received by the
corporation for those common shares which it is proposed to issue at once,
and that such consideration shall be fully paid at the time of the filing
of the articles of incorporation by the Secretary of State.
(10) The number, names, and addresses, including street and number, if
any, of the directors, at least two of whom shall be residents of this
State, and the terms for which elected.
(11) Any provision which the incorporators may choose to insert limiting
or denying to shareholders the preemptive right to acquire additional
shares of the corporation.
(12) Any other provision, not inconsistent with this Act or other law
which the incorporators may choose to insert, for the regulation of the
business and conduct of the affairs of the corporation.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/8) (from Ch. 67 1/2, par. 258)
Sec. 8. Filing-Issuance of articles of incorporation.
Duplicate originals of the statement prescribed by Section 7 of this
Act shall be filed in the office of the Secretary of State, on forms
prescribed and furnished by the Secretary of State.
If the Secretary of State finds that such statement is in conformity
with the provisions of Section 7 of this Act, he shall, when all franchise
taxes, fees, and charges have been paid:
(1) Endorse on each of such duplicate originals the | ||
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(2) File one of such duplicate originals in his | ||
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(3) Issue to the incorporators the duplicate original | ||
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(Source: P.A. 96-66, eff. 1-1-10.)
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(315 ILCS 20/9) (from Ch. 67 1/2, par. 259)
Sec. 9. Powers
of neighborhood redevelopment corporations.
Every corporation organized under this Act shall, subject to the
conditions and limitations prescribed by this Act, have the following
rights, powers and privileges:
(1) To have succession by its corporate name for the | ||
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(2) To sue and be sued in its corporate name.
(3) To have and use a common seal and alter it at | ||
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(4) To have a capital stock of such an amount and | ||
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(5) To acquire, own, use, convey and otherwise | ||
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(6) To borrow money for its corporate purposes at | ||
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(7) To elect officers, appoint agents, define their | ||
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(8) Subject to the provisions of this Act, to acquire | ||
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(9) To make and alter by-laws, not inconsistent with | ||
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(10) To conduct business in this State, subject to | ||
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(11) To cease doing business and to surrender its | ||
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(12) To have and exercise all the powers necessary | ||
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(Source: P.A. 96-66, eff. 1-1-10.)
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(315 ILCS 20/9.5) Sec. 9.5. Eminent domain. Notwithstanding any other provision of this Law, any power granted under this Law to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(315 ILCS 20/10) (from Ch. 67 1/2, par. 260)
Sec. 10.
Acts prohibited).
No Neighborhood Redevelopment Corporation shall:
(1) Acquire title to any Real Property, or any interest therein
except by way of unexercised option, unless it shall first have obtained
a certificate from the Redevelopment Commission, given after the hearing
prescribed by Section 18 of this Act, that the acquisition of Real
Property and its Development in the Development Area is necessary and
convenient for the public purposes defined by this Act and is part of
the public use declared by this Act.
(2) Sell, convey, lease or assign any Real Property without the
imposition of those building and use restrictions which have been
assumed by the Neighborhood Redevelopment Corporation, and which shall
be included in all instruments of sale, conveyance, transfer, lease or
assignment: Provided, that there are excepted from this prohibition
those building and use restrictions which shall have been abandoned or
altered due to change in the predominant character of the locality as
determined by judicial decision.
(3) Issue shares whether common, preferred, or both, in an amount
greater than the Development Cost, as determined by the Redevelopment
Commission, less the amount of any Mortgage thereon; Provided, that
nothing herein contained shall be construed to prohibit the issuance of
common shares subscribed by pre-incorporation subscription preceding the
determination of the Development Cost.
(4) Sell, convey, or mortgage any Real Property without the approval
of the Redevelopment Commission.
(5) Lease an entire building or entire tract of land in the
Development Area to any person or corporation without the approval of
the Redevelopment Commission.
(6) Acquire any Real Property outside the Development Area allotted
it by the Redevelopment Commission.
(7) Change, alter, amend, add to or depart from an approved
Development Plan, except as otherwise provided by this Act.
(8) Make any guarantee without obtaining the approval of the
Redevelopment Commission.
(9) Reorganize without obtaining the approval of the Redevelopment
Commission.
(10) Merge or consolidate with any corporation.
(11) Voluntarily dissolve without first having obtained the
certificate of the Redevelopment Commission as provided in Section 13 of
this Act.
(12) Acquire title to any Real Property, or any interest therein,
because of the race, color, creed, sex or national origin of any person
owning or claiming an interest in that Real Property.
(13) Refuse to sell shares, either common or preferred, or other
securities to any person on account of the person's race, color, creed,
national origin or sex.
(Source: P.A. 81-266.)
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(315 ILCS 20/11) (from Ch. 67 1/2, par. 261)
Sec. 11.
Name.
The name of every Neighborhood Redevelopment Corporation organized
pursuant to the provisions of this Act shall include the words
"Neighborhood" and "Redevelopment," and no corporation, hereafter organized
under the laws of this State, nor any foreign corporation, hereafter
authorized to transact business in this State, shall after the date of
enactment of this Act include both the words "Neighborhood" and
"Redevelopment" as part of its corporate name.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/12) (from Ch. 67 1/2, par. 262)
Sec. 12.
Certificates of compliance.
Unless it shall be accompanied by the certificate of the Redevelopment
Commission, none of the following documents shall be filed by the Secretary
of State:
(1) Report of issuance of shares and increases in stated capital and
paid-in surplus.
(2) Amendment of articles of incorporation.
(3) Statement of reduction or elimination of paid-in surplus pursuant to
Section 9.15 of the "Business Corporation Act of 1983".
The certificate of the Redevelopment Commission shall be in
substantially the following form:
"The Commission certifies that it has investigated the action of the
(here insert the name of the Neighborhood Redevelopment Corporation in
question) proposed in the attached document and finds that the requirements
of The Neighborhood Redevelopment Corporation Law have been complied with
by that corporation.
....(Naming city, town or village) Redevelopment Commission
By ....(Secretary)."
Dated:....(Seal of Redevelopment Commission)
(Source: P.A. 83-1362.)
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(315 ILCS 20/13) (from Ch. 67 1/2, par. 263)
Sec. 13.
Dissolution.
No statement of intent to dissolve a Neighborhood Redevelopment
Corporation, whether by voluntary consent of the shareholders or by
voluntary action of the corporation, shall be filed by the Secretary of
State unless it shall be accompanied by the certificate of the
Redevelopment Commission that:
(1) The proposed Development Plan of the Neighborhood Redevelopment
Corporation was rejected pursuant to paragraph 3 of Section 18 of this
Act and such rejection has not been reversed upon judicial review
pursuant to Section 30.01 of this Act; or
(2) The Development Plan of the Neighborhood Redevelopment Corporation
was "Not Approved", after judicial review pursuant to Section 30.01 of this
Act; or
(3) The Neighborhood Redevelopment Corporation has failed to initiate or
has failed to complete the Development within the respective time limits,
or authorized extensions thereof, prescribed by the Redevelopment
Commission; and that the bond prescribed by subparagraph (a) of paragraph 2
of Section 17 of this Act has been forfeited to the city, village or
incorporated town, as the case may be, wherein the Development Area is
located; or
(4) The Redevelopment Commission has found that the Redevelopment of the
Development Area has been achieved.
The certificate of the Redevelopment Commission shall be in
substantially the following form:
"Relative to the annexed statement of intent to dissolve (here insert
the name of the Neighborhood Redevelopment Corporation in question), it is
hereby certified that (here insert the appropriate one of the four
above-named factors).
....(Naming city, town or village) Redevelopment Commission
By ....(Secretary)."
Dated:....(Seal of Redevelopment Commission)
(Source: P.A. 83-333.)
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(315 ILCS 20/14) (from Ch. 67 1/2, par. 264)
Sec. 14.
Fees,
franchise taxes and charges to be collected by Secretary of State.
Neighborhood Redevelopment Corporations shall incur the same fees for
filing documents and issuing certificates, and the same license fees,
franchise taxes and miscellaneous charges as are imposed upon private
corporations by Sections 127, 128, 129, 130, 131, 132, 133, 134 and 141 of
"An Act to revise the law relating to corporations for pecuniary profit,"
filed July 13, 1933, as subsequently amended. The Secretary of State
shall charge and collect such fees, taxes and charges.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/15) (from Ch. 67 1/2, par. 265)
Sec. 15.
Taxation of Neighborhood Redevelopment Corporations.
Except as provided in Section 15-5, Neighborhood Redevelopment
Corporations organized under this Act,
notwithstanding their function in the Redevelopment of Slum and Blight or
Conservation Areas, shall be subject to the same taxation, general and
special, as to their assets, tangible and intangible, and as to their
capital stock, as is imposed by law upon the assets and capital stock of
private corporations for profit organized pursuant to the laws of this
State.
(Source: P.A. 93-1037, eff. 6-1-05.)
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(315 ILCS 20/15-5)
Sec. 15-5. Property tax abatement; limitation.
(a) Once the requirements of this Section have been complied with, except as
otherwise provided in this Section, the general real estate taxes imposed on
the real
property located in St. Clair County of a neighborhood redevelopment
corporation or its immediate successor and acquired pursuant to this
Law
shall be abated
for a
period not in excess of 10 years after the
date upon
which the corporation becomes owner of that real property.
(b) General real estate taxes may be imposed and collected, however, to the
extent
and in
the amount as may be imposed upon that real property during that period
measured
solely by the amount of the assessed valuation of the land, exclusive of
improvements,
acquired pursuant to this Law and owned by the neighborhood redevelopment
corporation or its immediate successor,
as was determined by the county, township, or multi-township assessor, for
real estate taxes
due and
payable thereon during the calendar year preceding the calendar year during
which the
corporation acquired title to the real property. The assessed valuation
shall
not be increased during that period so long as the real property is owned by a
neighborhood redevelopment corporation or its immediate successor and used in
accordance with a
development
plan authorized by the Redevelopment Commission under this Law.
(c) If, however, the real property was exempt from general real estate taxes
immediately
prior to ownership by any neighborhood redevelopment corporation, the county,
township, or multi-township assessor shall, upon acquisition of title
by
the
neighborhood redevelopment corporation, promptly assess the land, exclusive of
improvements, at a valuation that conforms to but does not exceed the assessed
valuation made during the preceding calendar year of other land, exclusive of
improvements, that is adjacent or in the same general neighborhood, and the
amount of
that assessed valuation shall not be increased during the period set pursuant
to
subsection
(a) so long as the real property is owned by a neighborhood
redevelopment
corporation or its immediate successor and used in accordance with a
development plan authorized by the
Redevelopment Commission.
(d) For the next ensuing period not in excess of 15 years, general real
estate taxes
upon that
real property shall be
abated in an amount not to exceed 50% of the taxes imposed by each taxing
district
so long as the real property is owned by a
neighborhood
redevelopment corporation or its immediate successor and used in accordance
with an authorized development
plan.
(e) After a period totaling not more than 25 years, the real property shall
be subject to
assessment and payment of all real estate taxes, based on the full fair cash
value of
the real
property.
(f) The tax abatement authorized by this Section shall not
become
effective unless the governing body of the city, village, or
incorporated town in
which the property is located does all of the following:
(1) Furnishes each taxing district whose boundaries | ||
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(2) Conducts a public hearing regarding the tax | ||
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(3) Enacts an ordinance that provides for expiration | ||
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(g) Notwithstanding any other provision of law to the contrary, payments
in lieu
of taxes may be imposed by contract between a city, village, or incorporated
town and a
neighborhood redevelopment corporation or its immediate successor that receives
a tax abatement
on
property pursuant to this Section. The payments shall be made to the county
collector of
the county by December 31 of each year payments are due. The
governing
body of
the city, village, or incorporated town shall furnish the collector with a copy
of
any such
contract requiring payment in lieu of taxes. The collector shall allocate all
revenues
received from the payment in lieu of taxes among all taxing districts whose
real estate tax
revenues are affected by the abatement on the same pro rata basis
and in the
same manner as the real estate tax revenues received by each taxing
district
from that property in the year the payments are due.
(Source: P.A. 93-1037, eff. 6-1-05.) |
(315 ILCS 20/16) (from Ch. 67 1/2, par. 266)
Sec. 16.
Application of the "Business Corporation Act of 1983".
Neighborhood Redevelopment Corporations organized under this Act shall
be subject to the provisions of the "Business Corporation Act of 1983" and all
existing and future amendments and modifications thereof, so far as the
same are not inconsistent with the provisions of this Act.
(Source: P.A. 83-1362.)
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(315 ILCS 20/17) (from Ch. 67 1/2, par. 267)
Sec. 17. Acquisition of property and construction subject to
approval - Application for and issuance of certificates of convenience
and necessity). No Neighborhood Redevelopment Corporation shall acquire title to any
Real Property, or any interest therein except by way of unexercised
option, or institute any Development without making written
application to the Redevelopment Commission for approval of the proposed
Development Plan in the manner hereinafter prescribed, and without securing
the certificate of convenience and necessity to be
issued by the Redevelopment Commission upon the conditions hereinafter
mentioned.
(1) The application of a Neighborhood Redevelopment Corporation for
approval of its proposed Development Plan shall contain:
(a) The legal description of the proposed Development | ||
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(b) A statement of the character of the estates in | ||
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(c) A statement showing the present use of the Real | ||
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(d) A statement of the existing buildings or | ||
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(e) A statement of the existing buildings or | ||
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(f) A statement of the proposed improvements, if any, | ||
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(g) A statement of the type, number and character of | ||
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(h) A metes and bounds description of that portion of | ||
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(i) A statement of those portions, if any, of the | ||
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(j) A statement of recommended changes, if any, in | ||
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(k) A statement of recommended changes, if any, in | ||
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(l) A statement in detail of the estimated | ||
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(m) An estimate of the periods of time within which, | ||
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(n) A statement of the character, approximate number | ||
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(o) Such other statements or material as the | ||
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(2) No certificate of convenience and necessity shall be issued by
the Redevelopment Commission upon application by a Neighborhood
Redevelopment Corporation except upon the fulfillment of the following
conditions:
(a) That the Neighborhood Redevelopment Corporation | ||
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(b) That the Neighborhood Redevelopment Corporation | ||
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(c) That the Neighborhood Redevelopment Corporation, | ||
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(d) That the Neighborhood Redevelopment Corporation | ||
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(e) That the Redevelopment Commission shall, after | ||
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(3) The Redevelopment Commission, before the issuance of the
certificate of convenience and necessity to a Neighborhood Redevelopment
Corporation, shall determine that:
(a) The Development Area is within an area which, | ||
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(b) The Redevelopment of the Development Area in | ||
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(c) The Development Plan conforms to the zoning | ||
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(d) Public facilities, including, but not limited to, | ||
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(e) The execution of the Development Plan will not | ||
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(f) The estimated Development Cost of the Development | ||
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(g) Other than in or for a Conservation Area, no | ||
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(h) The conditions prescribed by paragraph 2 of this | ||
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(4) No certificate of convenience and necessity shall be issued by a
Redevelopment Commission in St. Clair County without the approval, by a
majority vote,
of the city council or the board of trustees of the village or
incorporated town, as
the case may be, in which the Development Area is located.
(Source: P.A. 93-1037, eff. 6-1-05.)
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(315 ILCS 20/18) (from Ch. 67 1/2, par. 268)
Sec. 18.
Public
hearing upon development plan-Issuance or denial of certificate of
convenience and necessity.
(1) The Redevelopment Commission, after receipt of an application by a
Neighborhood Redevelopment Corporation for approval of a proposed
Development Plan, and after the conditions in subparagraphs (a), (b) and
(c) of paragraph 2 of Section 17 of this Act have been fulfilled, before
determining the several conditions prescribed by paragraph 3 of Section 17
of this Act, shall do the following: Firstly, it shall transmit a copy of
the application to the Plan Commission, if any, of the city, village or
incorporated town wherein the Redevelopment Commission is acting, with the
request that the Plan Commission file with it within thirty days' time such
advisory report on the application as the Plan Commission may desire to
make upon the appropriateness and desirability, from a municipal planning
point of view, of the Development Plan proposed in the application, and
upon the characterization of the proposed Development Area. Secondly, it
shall after the expiration of said thirty days' time hold a public hearing
upon the proposed Development Plan. Notice of the time, place and purpose
of the hearing shall be published at least once each week for three
consecutive weeks in a secular newspaper in general circulation in the
city, village or incorporated town in which the proposed Development Area
is located, which newspaper shall have been printed and published for at
least six months prior to the first publication of notice, the time of the
hearing to be within ten days from the last publication of notice. The
notice shall specify by legal description and by city blocks, street and
number, if any, the proposed Development Area and shall further specify the
place where copies of the application for the approval of the proposed
Development Plan are available. The Redevelopment Commission shall require
the Neighborhood Redevelopment Corporation to file with the application
such number of copies thereof, to be available without charge to the
public, as the Redevelopment Commission may by rule determine. At the time
and place of such hearing, informal criticisms, suggestions and objections
to the application for approval of the proposed Development Plan may be
made by any party in attendance; Provided, that in each instance wherein
the Plan Commission has filed with the Redevelopment Commission within the
thirty days' time its advisory report, the chairman of the Plan Commission
shall designate a representative to appear before the Redevelopment
Commission and be heard touching the matters and things contained in said
advisory report. Within ten days after the conclusion of the hearing the
Redevelopment Commission shall determine whether the proposed Development
Plan fulfills the conditions prescribed by paragraph 3 of Section 17 of
this Act.
(2) In the event that the Redevelopment Commission shall determine,
after the hearing prescribed by paragraph 1 of this Section, that the
proposed Development Plan fulfills the conditions prescribed by paragraph 3
of Section 17 of this Act, the Redevelopment Commission shall make and
enter upon its records an appropriate order approving the Development Plan,
prescribing the respective time limits within which the Neighborhood
Redevelopment Corporation shall firstly initiate and shall secondly
complete the Development and reserving jurisdiction to extend the time
limits upon application filed in the manner prescribed by Section 20 of
this Act, and reciting as findings the determinative conditions and such
additional findings as the Redevelopment Commission deems appropriate.
Whenever a Development Plan, as approved, would be more adapted to
effectuate the public use defined in Section 2 of this Act through the
vacation of streets, alleys or other public spaces, or through the
amendment to the zoning ordinance or ordinances applicable to the district
wherein the Development Area is located, or through both such vacation and
amendment, the Redevelopment Commission shall specify in its order the
extent of the vacation or the desired amendment to the zoning ordinance or
ordinances, or both as the case may be, and that the vacation or amendment
is, or both the vacation and amendment are, appropriate to the
Redevelopment sought to be achieved. A copy of the order approving the
Development Plan shall immediately upon its entry be posted in the place
where the hearing was held and, in order to initiate judicial review of the
order, written objections thereto may be filed with the Redevelopment
Commission within twenty days after its entry, but not thereafter, by any
one or more of the owners or lienors of the Real Property which must be
acquired, by purchase, condemnation or otherwise, in order to effectuate
the Development Plan, or by any municipal corporation or agency thereof, or
by any public corporation affected thereby. Concurrently with the entry of
the order by the Redevelopment Commission, it shall issue to the
Neighborhood Redevelopment Corporation a certificate that the acquisition
of Real Property and its Development in the Development Area is necessary
and convenient for the public purposes to be served thereby and is part of
the public use declared by this Act.
(3) In the event that the Redevelopment Commission shall determine,
after the hearing prescribed by paragraph 1 of this Section, that the
proposed Development Plan does not meet the conditions prescribed by
paragraph 3 of Section 17 of this Act, the Redevelopment Commission shall
make and enter upon its records an appropriate order rejecting the
Development Plan, specifying in detail therein the determinative condition
or conditions not fulfilled and for reason of which the rejection was
ordered. Not earlier than forty days and not later than fifty days from the
date of the entry of the order, the Redevelopment Commission, unless a
judicial review of its order of rejection shall have been initiated
pursuant to Section 30.01 of this Act, shall return the bond and
agreements specified in subparagraphs (a), (b) and (c) of paragraph 2 of
Section 17 of this Act.
(Source: Laws 1949, p. 637.)
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(315 ILCS 20/20) (from Ch. 67 1/2, par. 270)
Sec. 20.
Extension of time for initiation and completion of development.
Upon application in writing filed by a Neighborhood Redevelopment
Corporation with the Redevelopment Commission for an extension of the time
limit within which to initiate or to complete the Development, or both as
the case may be, pursuant to the certificate of convenience and necessity
possessed by the Neighborhood Redevelopment Corporation, the Redevelopment
Commission shall hold a hearing and shall examine into the said application
and the reasons for the failure to initiate or complete the Development, or
both as the case may be, within the time limit originally allotted
therefor, which reasons shall be stated in detail in the application, and
the Redevelopment Commission, if satisfied that the failure was not
occasioned by purposeful non-exercise, without excuse, of the authority
contained in the certificate of convenience and necessity, shall grant such
extension or extensions of the said time limits as the circumstances of the
case may require. Nothing herein contained shall be construed to debar a
Neighborhood Redevelopment Corporation from making applications for
successive extensions of the time limits.
If the Redevelopment Commission shall grant an extension or extensions
of the time limits, as in this Section provided, the secretary of said
Redevelopment Commission shall notify in writing the surety or sureties
upon the bond of the Neighborhood Redevelopment Corporation, filed pursuant
to subparagraph (a) of paragraph 2 of Section 17 of this Act, of the fact
and duration of the extension or extensions. Every such bond made by such
surety or sureties shall be subject to the power and authority of the
Redevelopment Commission to authorize the extension or extensions, and no
surety shall be discharged by reason of failure of notice or knowledge of
the extension or extensions.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/21) (from Ch. 67 1/2, par. 271)
Sec. 21.
Statement of development area-Filing with Secretary of State.
(1) Not earlier than forty days and not later than sixty days from the
date of the entry of the order approving a Development Plan, entered by the
Redevelopment Commission pursuant to paragraph 2 of Section 18 of this
Act, unless a judicial review of the order shall have been initiated
pursuant to Section 19 of this Act, the Redevelopment Commission shall
prepare and authenticate under its seal a statement that a certificate of
convenience and necessity has been issued, pursuant to Section 18 of this
Act, to the Neighborhood Redevelopment Corporation, identifying it by name.
The statement shall contain an identification of the Development Area of
the corporation by legal description and by description by city blocks,
street and number, if any, thereof. The Redevelopment Commission shall
forthwith thereafter file the statement in the office of the Secretary of
State.
(2) The provisions of paragraph 1 of this Section shall be applicable to
the approval of an amendment to a Development Plan, made pursuant to
Section 23 of this Act, when the amendment operates to extend the
Development Area beyond its former limits.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/22) (from Ch. 67 1/2, par. 272)
Sec. 22.
Preference in issuance of certificates of convenience and necessity.
The Redevelopment Commission, in its issuance of certificates of
convenience and necessity pursuant to Section 18 of this Act, shall give
preference, other things being equal, to such Neighborhood Redevelopment
Corporation (as opposed to any other Neighborhood Redevelopment
Corporation), the pre-incorporation subscribers to the common shares of
which have been for two or more years preceding incorporation the owners of
not less than ten per centum in area of the Real Property located within
the proposed Development Area.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/23) (from Ch. 67 1/2, par. 273)
Sec. 23.
Amendments to development plans.
At any time prior to the Redevelopment of the Development Area, the
Redevelopment Commission may approve an amendment to a Development Plan,
but no such amendment shall be approved unless and until (1) an application
therefor shall have been filed with the Redevelopment Commission by the
Neighborhood Redevelopment Corporation to which a certificate of
convenience and necessity has been issued in connection with the
Development Plan sought to be amended, which application shall contain the
portions of the matters required by paragraph 1 of Section 17 of this Act
relevant to the proposed amendment; (2) the bond and written agreements
required by paragraph 2 of Section 17 of this Act, if applicable to the
proposed amendment, shall have been furnished the Redevelopment Commission;
and (3) the Redevelopment Commission shall have determined that the
proposed amendment fulfills such of the conditions prescribed by paragraph
3 of Section 17 of this Act as are relevant to the proposed amendment. The
procedure relating to the determination of the Redevelopment Commission
made pursuant to this Section shall be the same as is provided by Section
18 of this Act for the determination of the Redevelopment Commission upon
an initial application for approval of a Development Plan.
(Source: Laws 1949, p. 637.)
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(315 ILCS 20/24) (from Ch. 67 1/2, par. 274)
Sec. 24.
Limitation of development area.
Neighborhood Redevelopment Corporations subject to the supervision of
the Redevelopment Commission of cities, villages or incorporated towns
having a population of five hundred thousand or more shall not possess
at any time a Development Area less than two city blocks nor more than
160 acres, and Neighborhood Redevelopment Corporations subject to the
supervision of the Redevelopment Commission of cities, villages or
incorporated towns having a population of less than 500,000 shall not
possess a Development Area less than one city block nor more than 40
acres, unless the Redevelopment Commission, in the interests of the
orderly Redevelopment of a Slum and Blight or Conservation Area, shall,
after a hearing upon its own motion or upon application of the
Neighborhood Redevelopment Corporation, authorize a reduction or
increase of the Development Area. It shall be in the interest of the
orderly Redevelopment of a Slum and Blight or Conservation Area to
increase or diminish the Development Area herein limited whenever the
Development Areas of two or more Neighborhood Redevelopment Corporations
operating or to operate in the same locality shall not encompass an
intervening area of less than two city blocks, and the Redevelopment
Commission in such instances shall by rule, pursuant to paragraph 2 of
Section 25 of this Act, prescribe the conditions under which contiguity,
and the extent thereof, shall be mandatory of the two or more
Development Areas. The words "city block" as used in this Act shall mean
a parcel or parcels of land bounded by and without intermediation of,
streets, public waterways, railroad rights of way or other similar
public spaces (not including alleys), or any combination of them.
(Source: P.A. 81-1509.)
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(315 ILCS 20/25) (from Ch. 67 1/2, par. 275)
Sec. 25.
Duties
of Redevelopment Commission.
In addition to the duties elsewhere in this Act provided for it, the
Redevelopment Commission shall be charged with the performance of the
following duties:
(1) By rules, to provide for those restrictions enumerated in
subparagraphs (b) and (c) of paragraph 2 of Section 17 of this Act. Such
restrictions shall take into consideration: (a) the location of the
Development Area with reference to transportation, educational and
recreational facilities and business opportunities; (b) the use of
neighboring properties; (c) the manner of Redevelopment, including the
proposed use, of the Development Area; (d) zoning ordinances applicable to
the district; and (e) the official plan of the city, village or
incorporated town or, in the absence of such an official plan, the plan, if
any, adopted by the Plan Commission, if any, of such city, village or
incorporated town as evidenced by a report on such adopted plan prepared by
such Plan Commission and on file with the Redevelopment Commission. In the
formulation of these restrictions the suggestions of the Neighborhood
Redevelopment Corporation may be heard prior to the application for
approval of its Development Plan.
(2) By rules, to prescribe the conditions, in instances where the
Development Areas of two or more Neighborhood Redevelopment Corporations
operating or to operate in the same locality shall not encompass an
intervening area of less than two city blocks, under which contiguity, and
the extent thereof, shall be mandatory of the two or more Development
Areas. Those rules shall take into consideration: (a) the zoning ordinances
applicable to the Development Areas; (b) the extent of similarity of use of
the Development Areas and of the intervening area; and (c) the official
plan of the city, village or incorporated town or, in the absence of such
official plan, the plan, if any, adopted by the Plan Commission, if any, of
such city, village or incorporated town as evidenced by a report on such
adopted plan prepared by such Plan Commission and on file with the
Redevelopment Commission.
(3) By rules, to prescribe the form of the bond required by subparagraph
(a) of paragraph 2 of Section 17 of this Act. In prescribing that form, the
Redevelopment Commission shall take into consideration the requirements and
purposes of this Act.
(4) To determine the sufficiency in amount, in form and in the sureties
thereof, of the bond or bonds specified in subparagraph (d) of paragraph 1
of Section 42 of this Act; and determine the sufficiency of the sureties
of the bond required by subparagraph (a) of paragraph 2 of Section 17 of
this Act. In determining sufficiency of the amount of the first type of
bond or bonds, the Redevelopment Commission shall take into consideration
(a) the Development Cost of the Development, as established by it; (b) the
cost of the work, as fixed in the contract or contracts entered into by the
contractor or contractors giving bond; (c) the period of time which the
performance of the work will consume; all so as to satisfy the
Redevelopment Commission that, in its opinion, the amount of such bond or
bonds shall be sufficient to insure the expeditious performance of the
contract or contracts. In determining the sufficiency of the form of the
first type of bond or bonds, the Redevelopment Commission shall be guided
by any form commonly used by contractors in operations of similar character
in the city, village or incorporated town. In determining the sufficiency
of the security of all bonds, the Redevelopment Commission shall
investigate the financial responsibility of the sureties.
(5) At any time prior to the Redevelopment of the Development Area, and
through its members or agents duly authorized by it, to enter the lands,
property, equipment, buildings, plants and offices of a Neighborhood
Redevelopment Corporation and make personal inspection thereof. Nothing in
this Act shall be construed to alter the provisions of the laws of this
State or of any governmental subdivision thereof prescribing the
qualifications of persons authorized to plan and to supervise the
construction, enlargement or alterations of buildings.
(6) From time to time, to determine the Redevelopment pursuant to the
Development Plan of parcels of Real Property within the Development Area.
Prior to that determination, no sale or conveyance, and no lease of an
entire building or entire tract of land, shall be approved by the
Redevelopment Commission. Upon that determination being made, sales or
conveyances, and leases of entire buildings or entire tracts of land, if of
Real Property so determined to be redeveloped, shall be approved (such
approval being required by paragraphs 4 and 5 of Section 10 of this Act)
by the Redevelopment Commission, upon application by the Neighborhood
Redevelopment Corporation, without more.
(7) To determine the Redevelopment of the entire Development Area.
(8) At any time prior to the Redevelopment of the Development Area, to
order every Neighborhood Redevelopment Corporation: (a) to do such acts as
may be required by the provisions of law or such administrative rules and
regulations as may be adopted by the Redevelopment Commission in the
carrying out of the provisions of this Act or of the terms of any
application, contract or agreement herein provided to be approved by the
Redevelopment Commission in the manner prescribed by this Act; and (b) to
refrain from doing any acts in violation thereof.
(9) From time to time, to make, amend and repeal rules and regulations
for carrying into effect the provisions of this Act.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/26) (from Ch. 67 1/2, par. 276)
Sec. 26.
Termination of control.
(1) Anything in this Act to the contrary notwithstanding, the
supervision and regulation of any parcel of the Development Area by the
Redevelopment Commission shall without more cease and determine as to that
parcel whenever the Redevelopment Commission shall have made the
determination of the Redevelopment of that parcel, as required by paragraph
6 of Section 25 of this Act, and shall have approved a sale, conveyance
or lease thereof, as required by paragraphs 4 and 5 of Section 10 of this
Act.
(2) Anything in this Act to the contrary notwithstanding, the
supervision and regulation of the Neighborhood Redevelopment Corporation by
the Redevelopment Commission shall without more cease and determine
whenever the Redevelopment Commission shall find that the Redevelopment of
the Development Area of the Neighborhood Redevelopment Corporation has been
achieved. In such instance, the certificate of compliance required by
Section 12 of this Act shall be issued by the Redevelopment Commission,
upon request of the Neighborhood Redevelopment Corporation, without other
requirement than the payment of the fee authorized by Section 43 of this
Act.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/27) (from Ch. 67 1/2, par. 277)
Sec. 27.
Investigations, inquiries and hearings.
In the discharge of its functions and duties set forth in this Act, the
Redevelopment Commission shall have general supervision of all Neighborhood
Redevelopment Corporations, the Development Areas of which are located
within the city, village or incorporated town which has created the
Redevelopment Commission, and the Redevelopment Commission shall have power
to hold investigations, inquiries and hearings concerning the affairs of
those Neighborhood Redevelopment Corporations, concerning their dealings,
transactions and relationships with third persons, and concerning any other
matters covered by the provisions of this Act. In the conduct of any
investigation, inquiry or hearing the Redevelopment Commission shall not be
bound by the technical rules of evidence and no informality in any
proceeding or in the manner of taking testimony before the Redevelopment
Commission shall invalidate any order, decision, rule or regulation there
made. All hearings shall be open to the public.
The Redevelopment Commission shall have the power to administer oaths
and affirmations, certify to all official acts, issue subpoenas, compel
attendance and testimony of witnesses and the production of papers, books,
accounts and documents.
Hearings shall be held by the Redevelopment Commission. All evidence
presented at hearings shall become a part of the records of the
Redevelopment Commission. In all cases in which the Redevelopment
Commission bases any action on reports of investigations or inquiries not
conducted as hearings, those reports shall be made a part of the records of
the Redevelopment Commission.
All records of the Redevelopment Commission shall be open to the
inspection of all persons without reward. The Redevelopment Commission
shall have the power to examine all books, contracts, records, documents
and papers of a Neighborhood Redevelopment Corporation and by subpoena
duces tecum compel the production thereof.
The Redevelopment Commission shall have power to adopt reasonable and
proper administrative rules and regulations relating to the exercise of its
powers, and proper administrative rules to govern its proceedings and to
regulate the mode and manner of all investigations, inquiries and hearings
and to alter and amend the same.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/28) (from Ch. 67 1/2, par. 278)
Sec. 28.
Testimony-Immunity.
No person shall be excused from testifying or from producing any papers,
books, accounts or documents in any investigation or inquiry or upon any
hearing ordered or held by the Redevelopment Commission, when ordered to do
so, upon the ground that the testimony or evidence, documentary or
otherwise, may tend to incriminate him or subject him to a penalty or
forfeiture. But no person shall be prosecuted or subjected to any penalty
or forfeiture for or on account of any transaction, matter or thing
concerning which he may testify or produce evidence, documentary or
otherwise, before the Redevelopment Commission; Provided, that such
immunity shall extend only to a natural person who in obedience to a
subpoena gives testimony under oath or produces evidence, documentary or
otherwise, under oath. No person so testifying shall be exempt from
prosecution and punishment for perjury committed in so testifying.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/29) (from Ch. 67 1/2, par. 279)
Sec. 29.
Subpoenas - Service - Fees - Deposit - Production of books and papers -
Compelling attendance or production - Deposition.) All subpoenas issued under
the terms of this Act may be served by any person of full age. The fees
of witnesses for attendance and travel shall be the same as fees of witnesses
before the circuit courts of this State. Whenever a subpoena is issued at
the instance of a party to any proceeding before the Redevelopment Commission,
that party may be required to bear the cost of service thereof and to pay
the fee of the witness, and in such case the Redevelopment Commission shall
have power, in its discretion, to require a deposit to cover the cost of
the service and the payment of the
legal witness fee and mileage to the witness when served with subpoena. A
subpoena issued as provided in this Act shall be served in the same manner as a
subpoena issued out of a court.
Any circuit court of this State, upon application
of the Redevelopment Commission, may, in its discretion, compel the
attendance of witnesses, the production of books, papers, accounts and
documents, and the giving of testimony before the Redevelopment Commission,
by an attachment for contempt or otherwise, in the same manner as
production of evidence may be compelled before the court.
The Redevelopment Commission or any party may in any such investigation
or hearing cause the deposition of witnesses residing within or without the
State to be taken in the manner prescribed by law for like depositions in
civil actions in the circuit courts of this State and to that end may compel
the attendance of witnesses and the production of papers, books, accounts and
documents.
The Redevelopment Commission may require the production within this
State at such time and place as it may designate of any books, accounts,
papers or documents kept by any Neighborhood Redevelopment Corporation in
any office or place without this State, or at its option, verified copies
in lieu thereof, so that an examination thereof may be made by the
Redevelopment Commission or under its direction.
(Source: P.A. 83-334.)
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(315 ILCS 20/30.01) (from Ch. 67 1/2, par. 280-1)
Sec. 30.01.
All final administrative decisions of the Redevelopment
Commission hereunder shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(315 ILCS 20/32) (from Ch. 67 1/2, par. 282)
Sec. 32.
City
attorney to represent Redevelopment Commission on appeals.
It shall be the duty of the attorney for the city, village or
incorporated town, and in the instance of the City of Chicago its
corporation counsel, to represent the Redevelopment Commission created by
such city, village or incorporated town in all actions and proceedings
instituted by it under the provisions of this Act and to defend the orders
of the Redevelopment Commission in all appeals taken therefrom or on
judicial review thereof.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/33) (from Ch. 67 1/2, par. 283)
Sec. 33.
Suspension of order of Redevelopment Commission pending judicial
review or appeal.)
(1) The pendency of a judicial review or appeal, taken from an
order of the Redevelopment
Commission pursuant to the provisions of Section 30.01 of this Act, shall
not of itself stay or suspend the operation of the order of the
Redevelopment Commission, but during the pendency of such judicial review
or appeal the
Circuit, Appellate or the Supreme Court, as the case may be, in its
discretion may stay or suspend, in whole or in part, the operation of the
order of the Redevelopment Commission.
(2) The order of the Redevelopment Commission made pursuant to paragraph
2 of Section 18 of this Act shall, however, be automatically suspended by
the filing of a written objection thereto by the persons or corporations
and in the time and manner prescribed by paragraph 2 of Section 18 of this
Act until the final decision of the Circuit Court or the reviewing court, as
the case may be, approving such order.
(Source: P.A. 83-333.)
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(315 ILCS 20/34) (from Ch. 67 1/2, par. 284)
Sec. 34.
Mandamus or injunction by a Redevelopment Commission against neighborhood
redevelopment corporations.
Whenever in the judgment of the Redevelopment Commission a Neighborhood
Redevelopment Corporation fails or omits, or is about to fail or omit, to
do anything required of it by law or by order of the Redevelopment
Commission as in this Act provided, or does or is about to do, or permits
or is about to permit to be done, anything contrary to or in violation of
law or any such order, the Redevelopment Commission shall commence an
action or proceeding in the Circuit Court of the county, wherein the
Development Area of the Redevelopment Corporation concerned is located, for
the purpose of enforcing or preventing such action or omission, either by a
mandamus or injunction.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/35) (from Ch. 67 1/2, par. 285)
Sec. 35.
Review
of orders in mandamus or injunction.)
Appeals from final orders of the circuit court in an action brought pursuant to
Section 34 of this Act may be taken as in other civil cases.
(Source: P.A. 79-1362.)
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(315 ILCS 20/36) (from Ch. 67 1/2, par. 286)
Sec. 36.
Use of
land to conform to zoning ordinances, etc.
Nothing in this Act shall be construed to alter the provisions of the
statutes of this State with reference to zoning and planning. The
Redevelopment Commission shall not approve a Development Plan or the
operation of a Development by a Neighborhood Redevelopment Corporation in
contravention of any zoning ordinance or in contravention of the official
plan of the city, village or incorporated town or, in the absence of an
official plan, of the plan, if any, adopted by the Plan Commission, if any,
of the city, village or incorporated town as evidenced by a report on such
adopted plan prepared by such Plan Commission and on file with the
Redevelopment Commission.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/37) (from Ch. 67 1/2, par. 287)
Sec. 37.
Determination of development cost.
(1) The Redevelopment Commission shall upon the issuance of a
certificate of convenience and necessity pursuant to Section 18 of this
Act (unless the order by virtue of which the certificate was issued has
been suspended pursuant to subsection (2) of Section
33 of this Act) proceed
to a prospective determination of the Development Cost of the Development.
In connection with such determination the Redevelopment Commission shall
hold a hearing and may make such inquiry or investigation, and examine such
witnesses, books, papers, accounts, documents and contracts and require the
filing of such data, as it may deem of assistance. The Redevelopment
Commission shall require the Neighborhood Redevelopment Corporation to
disclose every interest of its directors in any transaction under
investigation. The Redevelopment Commission shall have power to investigate
all such transactions and inquire into the good faith thereof, to examine
books, papers, accounts, documents and contracts of Neighborhood
Redevelopment Corporations, construction companies or other companies or of
firms and individuals with whom the Neighborhood Redevelopment Corporation
shall have or shall have had financial transactions, for the purpose of
enabling it to verify any statements furnished, and to examine into the
cost of Real Property acquired or proposed to be acquired by such
Neighborhood Redevelopment Corporation. Upon the conclusion of the hearing,
the Redevelopment Commission shall determine of its own judgment the
prospective Development Cost and shall issue to the Neighborhood
Redevelopment Corporation a certificate stating the amount thereof as so
determined. The amount as so determined shall thereafter be conclusive upon
the Redevelopment Commission.
(2) A Neighborhood Redevelopment Corporation may, at any time, whether
prior or subsequent to the completion of its Development, whenever it
appears that the actual Development Cost will be greater in amount than the
prospective determination thereof made pursuant to subsection
(1) of this
Section, apply to the Redevelopment Commission for a determination of
additional Development Cost. The Redevelopment Commission shall, upon such
application, proceed to the determination thereof, in the same manner and
with the same authority as provided by subsection (1)
of this Section. Upon
the conclusion of its hearing and the determination of the application, the
Redevelopment Commission shall issue to the Neighborhood Redevelopment
Corporation a certificate stating the amount of the additional Development
Cost, if any. The additional amount as so determined shall thereafter be
conclusive upon the Redevelopment Commission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(315 ILCS 20/38) (from Ch. 67 1/2, par. 288)
Sec. 38.
Supervision of issuance of stock and mortgages.
The power of Neighborhood Redevelopment Corporations to issue shares of
stock and Mortgages is a special privilege and shall be exercised only
under the supervision and regulation of the Redevelopment Commission,
acting for the State, according to the provisions of this Act and under
such administrative rules and regulations as may be adopted by the
Redevelopment Commission in discharging the functions given it by this Act.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/39) (from Ch. 67 1/2, par. 289)
Sec. 39.
Limitation upon issuance of stock and mortgages.
(1) A Neighborhood Redevelopment Corporation may issue shares and
certificates of shares, both common and preferred, and Mortgages, both
senior and junior, in an amount, all securities in all, not to exceed
the Development Cost of the Neighborhood Redevelopment Corporation,
determined as provided by Section 37 of this Act. For the purpose of the
enforcement of this provision, prior to the issuance of securities the
Neighborhood Redevelopment Corporation shall make application to the
Redevelopment Commission for an order approving the issuance and stating
the amount thereof and the purpose or purposes to which the securities
or the proceeds thereof are to be applied; Provided, that the securities
shall be issued for the following purposes and for no others, namely:
For the defrayment of Development Cost, or for the discharge or
refunding of securities originally issued to defray such Development
Cost. Upon the approval of the application, the Neighborhood
Redevelopment Corporation may proceed to issue the securities described
in the application in the amount and for the purpose or purposes so
approved; provided, that the prior approval of the Redevelopment
Commission shall not be requisite to the issuance of the common shares
of Neighborhood Redevelopment Corporation issued upon pre-incorporation
subscription as provided in paragraph 9 of Section 7 of this Act;
provided, further, that nothing herein contained shall be taken as
exempting such securities from the provisions of the Illinois Securities
Law, unless by the terms of that law the securities shall be so exempt.
(2) The provisions of paragraph 1 of this Section shall apply, as
far as pertinent, to any change in the capital structure of a
Neighborhood Redevelopment Corporation, whether effected by increase or
decrease of capital stock, by amendment to the articles of
incorporation, or otherwise.
(3) No Neighborhood Redevelopment Corporation shall apply the
securities, or any part thereof, or any of the proceeds thereof, to any
purpose not specified in the order of the Redevelopment Commission or to
any purpose specified in the order of the Redevelopment Commission in
excess of the amount authorized for that purpose. No Neighborhood
Redevelopment Corporation shall issue or dispose of the securities on
any terms less favorable than those specified in the order of the
Redevelopment Commission. The Redevelopment Commission shall have the
power to require Neighborhood Redevelopment Corporations to account for
the disposition of the proceeds of the securities in such form and
detail as it may find to be advisable, and to establish such
administrative rules and regulations as it may find to be reasonable and
necessary to insure the disposition of those proceeds for the purpose or
purposes specified in the Act.
(4) The fact that the Redevelopment Commission has approved the
issuance of the securities shall not be held to mean that the
Redevelopment Commission has in any way endorsed their merits, and it
shall be unlawful for any person or corporation so to represent.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/40) (from Ch. 67 1/2, par. 290)
Sec. 40.
Stocks
and mortgages unlawfully issued.
All shares and certificates of shares and all Mortgages of a
Neighborhood Redevelopment Corporation issued without an order of the
Redevelopment Commission approving such issuance, except the issuance of
common shares upon pre-incorporation subscription, shall be void; and
likewise every share and certificate of share and every Mortgage issued
with the approval of the Redevelopment Commission, but not conforming in
its provisions to the provisions, if any, which it is required by the order
of approval of the Redevelopment Commission to contain, shall be void, but
no failure in any other respect to comply with the terms or conditions of
the order of approval of the Redevelopment Commission shall render void any
such security except as to a corporation or person taking the same with
notice of the failure to comply with the order of the Redevelopment
Commission.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/41) (from Ch. 67 1/2, par. 291)
Sec. 41.
Who may
invest in mortgages of neighborhood redevelopment corporations.
The State and all counties, cities, villages, incorporated towns and
other municipal corporations, political subdivisions and public bodies, and
public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on a
banking business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries, may legally
invest any sinking funds, money or other funds belonging to them, or within
their control in any Mortgage of a Neighborhood Redevelopment Corporation
approved in its issuance as in Section 39 of this Act provided, it being
the purpose of this section to authorize the investment in such Mortgages
of all sinking, insurance, retirement, compensation, pension and trust
funds, whether owned or controlled by private or public persons or
officers; Provided, that nothing contained in this section shall be
construed as relieving any person, firm or corporation from any duty of
exercising reasonable care in the selection of securities.
(Source: Laws 1953, p. 1138.)
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(315 ILCS 20/42) (from Ch. 67 1/2, par. 292)
Sec. 42. Proceedings to condemn real property. (1) Before a condemnation proceeding may be instituted by a Neighborhood
Redevelopment Corporation, such Neighborhood Redevelopment Corporation
shall present to the Redevelopment Commission an application requesting
approval of the proposed condemnation proceeding, which shall contain,
among other things:
(a) The legal description, and the description | ||
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(b) Proof that such real property is within the | ||
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(c) Proof that the Neighborhood Redevelopment | ||
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(d) A copy of any proposed contract or contracts with | ||
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(2) The Redevelopment Commission shall determine within a reasonable
time thereafter the sufficiency of the statements in the application and
the verity of the copies of the contracts and bonds appended to the
application. If the Redevelopment Commission finds:
(a) That the determination should be in the | ||
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(b) That the bond or bonds are sufficient in form, | ||
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(c) That the Development Plan of the applicant | ||
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(3) The acquisition by condemnation of real property by a Neighborhood
Redevelopment Corporation shall be in the manner provided for the exercise
of the right of eminent domain under the Eminent Domain Act,
as amended.
(4) The provisions of this section shall be applicable to any proceeding
to condemn real property pursuant to a Development Plan amended in
accordance with Section 23 of this Act; Provided, however, that in the
instance of the increase of a Development Area pursuant to Section 24 of
this Act, the provisions of subparagraph (c) of Paragraph 1 of this
section shall not apply to the additional area forming the increase.
(Source: P.A. 96-328, eff. 8-11-09.)
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(315 ILCS 20/43) (from Ch. 67 1/2, par. 293)
Sec. 43.
Fees of
Redevelopment Commission for examinations, hearings, supervisions and
inspections.
(1) The Redevelopment Commission shall charge and collect the following
fees:
(a) For copies of papers and records not required to be certified or
otherwise authenticated by it, ten cents for each folio; for certified
copies of evidence and proceedings before it or of official documents and
orders filed in its office, fifteen cents for each folio and one dollar for
every certificate under seal affixed thereto; for certificates required by
Sections 12, 13 and 21, twenty dollars for each certificate. Such fees
are to be charged to and collected from the person or corporation
requesting these services.
(b) For the examination of any proposed Development Plan, or amendments
thereto, and the inspection of buildings during construction, one-eighth of
one per centum of the Development Cost, to be charged to and collected from
the Neighborhood Redevelopment Corporation concerned.
(c) For the determination of Development Cost, one-eighth of one per
centum thereof, to be charged to and collected from the Neighborhood
Redevelopment Corporation concerned.
(d) For the supervision of the issuance of stock and Mortgages,
permission to issue which is granted to Neighborhood Redevelopment
Corporations, an amount equal to ten cents for every hundred dollars of
such securities, to be charged to and collected from the Neighborhood
Redevelopment Corporation concerned.
(e) For the holding of any hearing, examination or investigation upon
application of a Neighborhood Redevelopment Corporation, an amount
sufficient to meet the reasonable costs and expenses thereof, to be charged
to and collected from the Neighborhood Redevelopment Corporation concerned.
(f) For the defense of any appeal or judicial review taken or initiated
by the Neighborhood Redevelopment Corporation from or upon an order issued
by the Redevelopment Commission, its reasonable expenses incurred thereby,
to be charged to and collected from the Neighborhood Redevelopment
Corporation concerned.
(2) All fees charged and collected by the Redevelopment Commission shall
be paid not less than ten days after the receipt thereof to the city,
village or incorporated town, as the case may be, by which the
Redevelopment Commission was created, and shall be credited to its general
corporate fund.
(3) The Redevelopment Commission may authorize the Neighborhood
Redevelopment Corporation to include the fees paid by it under paragraph 1
of this Section as part of its Development Cost.
(Source: Laws 1941, vol. 1, p. 431.)
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(315 ILCS 20/44) (from Ch. 67 1/2, par. 294)
Sec. 44.
Partial invalidity.
If any clause, sentence, paragraph, section or part of this Act shall
be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which the judgment shall have been rendered.
(Source: Laws 1941, vol. 1, p. 431.)
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