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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||
5 | changing Section 11-74.4-4 as follows:
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6 | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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7 | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | ||||||||||||||||||||||||
8 | project
areas. The changes made by this amendatory Act of the | ||||||||||||||||||||||||
9 | 91st General Assembly
do not apply to a municipality that, (i) | ||||||||||||||||||||||||
10 | before the effective date of this
amendatory Act of the 91st | ||||||||||||||||||||||||
11 | General Assembly, has adopted an ordinance or
resolution fixing | ||||||||||||||||||||||||
12 | a time and place for a
public hearing under Section 11-74.4-5 | ||||||||||||||||||||||||
13 | or (ii) before July 1, 1999, has
adopted an ordinance or | ||||||||||||||||||||||||
14 | resolution providing for a feasibility study under
Section | ||||||||||||||||||||||||
15 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||||||||||||||||||||
16 | redevelopment plans and redevelopment projects or designating
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17 | redevelopment project areas under this Section, until after | ||||||||||||||||||||||||
18 | that
municipality adopts an ordinance
approving redevelopment | ||||||||||||||||||||||||
19 | plans and redevelopment projects or designating
redevelopment | ||||||||||||||||||||||||
20 | project areas under this Section; thereafter the changes made | ||||||||||||||||||||||||
21 | by
this amendatory Act of the 91st General Assembly apply to | ||||||||||||||||||||||||
22 | the same extent that
they apply to
redevelopment plans and | ||||||||||||||||||||||||
23 | redevelopment projects that were approved and
redevelopment |
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1 | projects that were designated before the effective date of this
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2 | amendatory Act of the 91st General Assembly.
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3 | A municipality may: | ||||||
4 | (a) By ordinance introduced in the
governing body of | ||||||
5 | the municipality within 14 to 90 days from the completion
| ||||||
6 | of the hearing specified in Section 11-74.4-5
approve | ||||||
7 | redevelopment plans and redevelopment projects, and | ||||||
8 | designate
redevelopment project areas pursuant to notice | ||||||
9 | and hearing required by this
Act. No redevelopment project | ||||||
10 | area shall be designated unless a plan and
project are | ||||||
11 | approved
prior to the designation of such area and such | ||||||
12 | area
shall include only those contiguous parcels of real | ||||||
13 | property and
improvements thereon substantially benefited | ||||||
14 | by the proposed redevelopment
project improvements.
Upon | ||||||
15 | adoption of the ordinances, the municipality shall | ||||||
16 | forthwith transmit to
the county clerk of the county or | ||||||
17 | counties within which the redevelopment
project area is | ||||||
18 | located a certified copy of the ordinances, a legal | ||||||
19 | description
of the redevelopment project area, a map of the | ||||||
20 | redevelopment project area,
identification of the year | ||||||
21 | that the county clerk shall use for determining the
total | ||||||
22 | initial equalized assessed value of the redevelopment | ||||||
23 | project area
consistent with subsection (a) of Section | ||||||
24 | 11-74.4-9, and a
list of the parcel or tax identification | ||||||
25 | number of each parcel of property
included in the | ||||||
26 | redevelopment project area.
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1 | (b) Make and enter into all contracts with property | ||||||
2 | owners, developers,
tenants, overlapping taxing bodies, | ||||||
3 | and others necessary or incidental to the
implementation | ||||||
4 | and furtherance of its redevelopment plan and project.
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5 | Contract provisions concerning loan repayment obligations | ||||||
6 | in contracts
entered into on or after the effective date of | ||||||
7 | this amendatory Act
of
the 93rd
General Assembly shall | ||||||
8 | terminate no later than the last to occur of the
estimated | ||||||
9 | dates of
completion of the
redevelopment project and | ||||||
10 | retirement of the obligations issued to finance
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11 | redevelopment
project costs as required by item (3) of | ||||||
12 | subsection (n) of Section 11-74.4-3.
Payments received | ||||||
13 | under
contracts entered
into by the
municipality prior to | ||||||
14 | the effective date of this amendatory Act of the 93rd
| ||||||
15 | General
Assembly that are received after the redevelopment | ||||||
16 | project area has been
terminated by
municipal ordinance | ||||||
17 | shall be deposited into a special fund of the municipality
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18 | to be used
for other community redevelopment needs within | ||||||
19 | the redevelopment project
area.
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20 | (c) Within a redevelopment project area, acquire by | ||||||
21 | purchase, donation,
lease or
eminent domain; own, convey, | ||||||
22 | lease, mortgage or dispose of land
and other property, real | ||||||
23 | or personal, or rights or interests therein, and
grant or | ||||||
24 | acquire licenses, easements and options with respect | ||||||
25 | thereto, all
in the manner and at such price the | ||||||
26 | municipality determines is reasonably
necessary to achieve |
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1 | the objectives of the redevelopment plan and project.
No | ||||||
2 | conveyance, lease, mortgage, disposition of land or other | ||||||
3 | property owned
by a municipality, or
agreement relating to | ||||||
4 | the development of such municipal property
shall be
made | ||||||
5 | except
upon the adoption of an ordinance by the corporate | ||||||
6 | authorities of the
municipality. Furthermore, no | ||||||
7 | conveyance, lease, mortgage, or other
disposition of land | ||||||
8 | owned by a municipality or agreement relating to the
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9 | development of such municipal property
shall be made | ||||||
10 | without making public disclosure of the terms of the
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11 | disposition and all bids and proposals made in response to | ||||||
12 | the
municipality's request. The procedures for obtaining | ||||||
13 | such bids and
proposals shall provide reasonable | ||||||
14 | opportunity for any person to submit
alternative proposals | ||||||
15 | or bids.
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16 | (d) Within a redevelopment project area, clear any area | ||||||
17 | by
demolition or removal of any existing buildings and | ||||||
18 | structures.
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19 | (e) Within a redevelopment project area, renovate or | ||||||
20 | rehabilitate or
construct any structure or building, as | ||||||
21 | permitted under this Act.
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22 | (f) Install, repair, construct, reconstruct or | ||||||
23 | relocate streets, utilities
and site improvements | ||||||
24 | essential to the preparation of the redevelopment
area for | ||||||
25 | use in accordance with a redevelopment plan.
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26 | (g) Within a redevelopment project area, fix, charge |
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1 | and collect fees,
rents and charges for the use of any | ||||||
2 | building or property owned or leased
by it or any part | ||||||
3 | thereof, or facility therein.
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4 | (h) Accept grants, guarantees and donations of | ||||||
5 | property, labor, or other
things of value from a public or | ||||||
6 | private source for use within a project
redevelopment area.
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7 | (i) Acquire and construct public facilities within a | ||||||
8 | redevelopment project
area, as permitted under this Act.
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9 | (j) Incur project redevelopment costs and reimburse | ||||||
10 | developers who incur
redevelopment project costs | ||||||
11 | authorized by a redevelopment agreement; provided,
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12 | however, that on and
after the effective date of this | ||||||
13 | amendatory
Act of the 91st General Assembly, no | ||||||
14 | municipality shall incur redevelopment
project costs | ||||||
15 | (except for planning costs and any other eligible costs
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16 | authorized by municipal ordinance or resolution that are | ||||||
17 | subsequently included
in the
redevelopment plan for the | ||||||
18 | area and are incurred by the municipality after the
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19 | ordinance or resolution is adopted)
that are
not consistent | ||||||
20 | with the program for
accomplishing the objectives of the
| ||||||
21 | redevelopment plan as included in that plan and approved by | ||||||
22 | the
municipality until the municipality has amended
the | ||||||
23 | redevelopment plan as provided elsewhere in this Act.
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24 | (k) Create a commission of not less than 5 or more than | ||||||
25 | 15 persons to
be appointed by the mayor or president of the | ||||||
26 | municipality with the consent
of the majority of the |
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1 | governing board of the municipality. Members of a
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2 | commission appointed after the effective date of this | ||||||
3 | amendatory Act of
1987 shall be appointed for initial terms | ||||||
4 | of 1, 2, 3, 4 and 5 years,
respectively, in such numbers as | ||||||
5 | to provide that the terms of not more than
1/3 of all such | ||||||
6 | members shall expire in any one year. Their successors
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7 | shall be appointed for a term of 5 years. The commission, | ||||||
8 | subject to
approval of the corporate authorities may | ||||||
9 | exercise the powers enumerated in
this Section. The | ||||||
10 | commission shall also have the power to hold the public
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11 | hearings required by this division and make | ||||||
12 | recommendations to the
corporate authorities concerning | ||||||
13 | the adoption of redevelopment plans,
redevelopment | ||||||
14 | projects and designation of redevelopment project areas.
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15 | (l) Make payment in lieu of taxes or a portion thereof | ||||||
16 | to taxing districts. Except as otherwise provided in this | ||||||
17 | subsection (l), if
If payments in lieu of taxes or a | ||||||
18 | portion thereof are made to taxing districts,
those | ||||||
19 | payments shall be made to all districts within a project | ||||||
20 | redevelopment
area on a basis which is proportional to the | ||||||
21 | current collections of revenue
which each taxing district | ||||||
22 | receives from real property in the redevelopment
project | ||||||
23 | area. A municipality may also make payments in lieu of | ||||||
24 | taxes or a portion thereof to a fire protection district, | ||||||
25 | not to exceed the amount the fire protection district would | ||||||
26 | have received had the ordinance approving the project |
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1 | redevelopment area not been adopted, without making | ||||||
2 | payments to other taxing districts, if the municipality | ||||||
3 | finds by resolution that: (1) the fire protection district | ||||||
4 | will receive, or has received, a unique impact and burden | ||||||
5 | on its services, distinct from the other taxing districts | ||||||
6 | in the project redevelopment area; and (2) the unique | ||||||
7 | impact and burden is due to new development in the project | ||||||
8 | redevelopment area.
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9 | (m) Exercise any and all other powers necessary to | ||||||
10 | effectuate the purposes
of this Act.
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11 | (n) If any member of the corporate authority, a member | ||||||
12 | of a commission
established pursuant to Section | ||||||
13 | 11-74.4-4(k) of this Act, or an employee
or consultant of | ||||||
14 | the municipality involved in the planning and preparation
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15 | of a redevelopment plan, or project for a redevelopment | ||||||
16 | project area or
proposed redevelopment project area, as | ||||||
17 | defined in Sections 11-74.4-3(i)
through (k) of this Act, | ||||||
18 | owns or controls an interest, direct or indirect,
in any | ||||||
19 | property included in any redevelopment area, or proposed
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20 | redevelopment area, he or she shall disclose the same in | ||||||
21 | writing to the
clerk of the municipality, and shall also so | ||||||
22 | disclose the dates and terms
and conditions of any | ||||||
23 | disposition of any such interest, which disclosures
shall | ||||||
24 | be acknowledged by the corporate authorities and entered | ||||||
25 | upon the
minute books of the corporate authorities. If an | ||||||
26 | individual
holds such an interest then that individual |
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1 | shall refrain from any further
official involvement in | ||||||
2 | regard to such redevelopment plan, project or area,
from | ||||||
3 | voting on any matter pertaining to such redevelopment plan, | ||||||
4 | project
or area, or communicating with other members | ||||||
5 | concerning corporate authorities,
commission or employees | ||||||
6 | concerning any matter pertaining to said redevelopment
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7 | plan, project or area. Furthermore, no such member or | ||||||
8 | employee shall acquire
of any interest direct, or indirect, | ||||||
9 | in any property in a redevelopment
area or proposed | ||||||
10 | redevelopment area after either (a) such individual | ||||||
11 | obtains
knowledge of such plan, project or area or (b) | ||||||
12 | first public notice of such
plan, project or area pursuant | ||||||
13 | to Section 11-74.4-6 of this Division, whichever
occurs | ||||||
14 | first.
For the
purposes of this subsection, a property | ||||||
15 | interest
acquired in a
single parcel of property by a | ||||||
16 | member of the corporate authority, which
property
is used
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17 | exclusively as the member's primary residence, shall not be | ||||||
18 | deemed to
constitute an
interest in any property included | ||||||
19 | in a redevelopment area or proposed
redevelopment area
that | ||||||
20 | was established before December 31, 1989, but the member | ||||||
21 | must disclose the
acquisition to the municipal clerk under | ||||||
22 | the provisions of this subsection.
A single property | ||||||
23 | interest
acquired within one year after the effective date | ||||||
24 | of this amendatory Act of the 94th General Assembly or 2 | ||||||
25 | years after the effective date of this amendatory Act of | ||||||
26 | the 95th General Assembly by a member of the corporate |
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1 | authority does not
constitute an
interest in any property | ||||||
2 | included in any redevelopment area or proposed
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3 | redevelopment area, regardless of when the redevelopment | ||||||
4 | area was established, if (i) the
property
is used
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5 | exclusively as the member's primary residence, (ii) the | ||||||
6 | member discloses the acquisition to the municipal clerk | ||||||
7 | under the provisions of this subsection, (iii) the | ||||||
8 | acquisition is for fair market value, (iv) the member | ||||||
9 | acquires the property as a result of the property being | ||||||
10 | publicly advertised for sale, and (v) the member refrains | ||||||
11 | from voting on, and communicating with other members | ||||||
12 | concerning, any matter when the benefits to the | ||||||
13 | redevelopment project or area would be significantly | ||||||
14 | greater than the benefits to the municipality as a whole. | ||||||
15 | For the purposes of this subsection, a month-to-month | ||||||
16 | leasehold interest
in a single parcel of property by a | ||||||
17 | member of the corporate authority
shall not be deemed to | ||||||
18 | constitute an interest in any property included in any
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19 | redevelopment area or proposed redevelopment area, but the | ||||||
20 | member must disclose
the interest to the municipal clerk | ||||||
21 | under the provisions of this subsection.
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22 | (o) Create a Tax Increment Economic Development | ||||||
23 | Advisory Committee to
be appointed by the Mayor or | ||||||
24 | President of the municipality with the consent
of the | ||||||
25 | majority of the governing board of the municipality, the | ||||||
26 | members of
which Committee shall be appointed for initial |
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1 | terms of 1, 2, 3, 4 and 5
years respectively, in such | ||||||
2 | numbers as to provide that the terms of not
more than 1/3 | ||||||
3 | of all such members shall expire in any one year. Their
| ||||||
4 | successors shall be appointed for a term of 5 years. The | ||||||
5 | Committee shall
have none of the powers enumerated in this | ||||||
6 | Section. The Committee shall
serve in an advisory capacity | ||||||
7 | only. The Committee may advise the governing
Board of the | ||||||
8 | municipality and other municipal officials regarding
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9 | development issues and opportunities within the | ||||||
10 | redevelopment project area
or the area within the State | ||||||
11 | Sales Tax Boundary. The Committee may also
promote and | ||||||
12 | publicize development opportunities in the redevelopment
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13 | project area or the area within the State Sales Tax | ||||||
14 | Boundary.
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15 | (p) Municipalities may jointly undertake and perform | ||||||
16 | redevelopment plans
and projects and utilize the | ||||||
17 | provisions of the Act wherever they have
contiguous | ||||||
18 | redevelopment project areas or they determine to adopt tax
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19 | increment financing with respect to a redevelopment | ||||||
20 | project area which
includes contiguous real property | ||||||
21 | within the boundaries of the
municipalities, and in doing | ||||||
22 | so, they may, by agreement between
municipalities, issue | ||||||
23 | obligations, separately or jointly, and expend
revenues | ||||||
24 | received under the Act for eligible expenses anywhere | ||||||
25 | within
contiguous redevelopment project areas or as | ||||||
26 | otherwise permitted in the Act. With respect to |
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1 | redevelopment project areas that are established within a | ||||||
2 | transit facility improvement area, the provisions of this | ||||||
3 | subsection apply only with respect to such redevelopment | ||||||
4 | project areas that are contiguous to each other.
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5 | (q) Utilize revenues, other than State sales tax | ||||||
6 | increment revenues,
received under this Act from one | ||||||
7 | redevelopment project area for
eligible
costs in another | ||||||
8 | redevelopment project area that is:
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9 | (i) contiguous to the redevelopment project area | ||||||
10 | from which the revenues are received; | ||||||
11 | (ii) separated only by a public right of way from | ||||||
12 | the redevelopment project area from which the revenues | ||||||
13 | are received; or | ||||||
14 | (iii) separated only by forest preserve property | ||||||
15 | from the redevelopment project
area from which the | ||||||
16 | revenues are received if the closest boundaries of the | ||||||
17 | redevelopment project areas that are separated by the | ||||||
18 | forest preserve property are less than one mile apart.
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19 | Utilize tax increment revenues for eligible costs that | ||||||
20 | are received from a
redevelopment project area created | ||||||
21 | under the Industrial Jobs Recovery Law that
is either | ||||||
22 | contiguous to, or is separated only by a public right of | ||||||
23 | way from,
the redevelopment project area created under this | ||||||
24 | Act which initially receives
these revenues. Utilize | ||||||
25 | revenues, other than State sales tax increment
revenues, by | ||||||
26 | transferring or loaning such revenues to a redevelopment |
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1 | project
area created under the Industrial Jobs Recovery Law | ||||||
2 | that is either contiguous
to, or separated only by a public | ||||||
3 | right of way from the redevelopment project
area that | ||||||
4 | initially produced and received those revenues; and, if the
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5 | redevelopment
project area (i) was established before the | ||||||
6 | effective date of this amendatory
Act of the 91st General | ||||||
7 | Assembly and (ii) is located within a municipality with
a | ||||||
8 | population of more than 100,000,
utilize revenues or | ||||||
9 | proceeds of obligations authorized by Section 11-74.4-7 of
| ||||||
10 | this
Act, other than use or occupation tax revenues, to pay | ||||||
11 | for any redevelopment
project costs as defined by | ||||||
12 | subsection (q) of Section 11-74.4-3 to the extent
that the | ||||||
13 | redevelopment project costs involve public property that | ||||||
14 | is either
contiguous to, or separated only by a public | ||||||
15 | right of way from, a redevelopment
project area whether or | ||||||
16 | not redevelopment project costs or the source of
payment | ||||||
17 | for the costs are specifically set forth in the | ||||||
18 | redevelopment plan for
the redevelopment project area.
| ||||||
19 | (r) If no redevelopment project has been initiated in a
| ||||||
20 | redevelopment
project area within 7 years after the area | ||||||
21 | was designated by ordinance under
subsection (a), the | ||||||
22 | municipality shall adopt an ordinance repealing the area's
| ||||||
23 | designation as a redevelopment project area; provided, | ||||||
24 | however, that if an area
received its
designation more than | ||||||
25 | 3 years before the effective date of this amendatory Act
of | ||||||
26 | 1994 and no redevelopment project has been initiated
within |
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| |||||||
1 | 4 years after the effective date of this amendatory Act of | ||||||
2 | 1994, the
municipality shall adopt an ordinance repealing | ||||||
3 | its designation as a
redevelopment project area. | ||||||
4 | Initiation of a redevelopment project shall be
evidenced by | ||||||
5 | either a signed redevelopment agreement or expenditures on
| ||||||
6 | eligible redevelopment project costs associated with a | ||||||
7 | redevelopment project. | ||||||
8 | Notwithstanding any other provision of this Section to | ||||||
9 | the contrary, with respect to a redevelopment project area | ||||||
10 | designated by an ordinance that was adopted on July 29, | ||||||
11 | 1998 by the City of Chicago, the City of Chicago shall | ||||||
12 | adopt an ordinance repealing the area's designation as a | ||||||
13 | redevelopment project area if no redevelopment project has | ||||||
14 | been initiated in the redevelopment project area within 15 | ||||||
15 | years after the designation of the area. The City of | ||||||
16 | Chicago may retroactively repeal any ordinance adopted by | ||||||
17 | the City of Chicago, pursuant to this subsection (r), that | ||||||
18 | repealed the designation of a redevelopment project area | ||||||
19 | designated by an ordinance that was adopted by the City of | ||||||
20 | Chicago on July 29, 1998. The City of Chicago has 90 days | ||||||
21 | after the effective date of this amendatory Act to repeal | ||||||
22 | the ordinance. The changes to this Section made by this | ||||||
23 | amendatory Act of the 96th General Assembly apply | ||||||
24 | retroactively to July 27, 2005.
| ||||||
25 | (Source: P.A. 99-792, eff. 8-12-16.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|