Sen. Debbie DeFrancesco Halvorson
Filed: 11/15/2004
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1 | AMENDMENT TO HOUSE BILL 834
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2 | AMENDMENT NO. ______. Amend House Bill 834, AS AMENDED, as | ||||||
3 | follows: | ||||||
4 | in Section 5, in the introductory clause, by changing "Section | ||||||
5 | 7-1-1" to "Sections 7-1-1 and 11-74.4-4"; and | ||||||
6 | in Section 5, immediately below the end of Sec. 7-1-1, by | ||||||
7 | inserting the following:
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8 | "(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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9 | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | ||||||
10 | project
areas. A municipality may:
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11 | (a) The changes made by this amendatory Act of the 91st | ||||||
12 | General Assembly
do not apply to a municipality that, (i) | ||||||
13 | before the effective date of this
amendatory Act of the 91st | ||||||
14 | General Assembly, has adopted an ordinance or
resolution fixing | ||||||
15 | a time and place for a
public hearing under Section 11-74.4-5 | ||||||
16 | or (ii) before July 1, 1999, has
adopted an ordinance or | ||||||
17 | resolution providing for a feasibility study under
Section | ||||||
18 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||
19 | redevelopment plans and redevelopment projects or designating
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20 | redevelopment project areas under this Section, until after | ||||||
21 | that
municipality adopts an ordinance
approving redevelopment | ||||||
22 | plans and redevelopment projects or designating
redevelopment | ||||||
23 | project areas under this Section; thereafter the changes made |
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1 | by
this amendatory Act of the 91st General Assembly apply to | ||||||
2 | the same extent that
they apply to
redevelopment plans and | ||||||
3 | redevelopment projects that were approved and
redevelopment | ||||||
4 | projects that were designated before the effective date of this
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5 | amendatory Act of the 91st General Assembly.
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6 | By ordinance introduced in the
governing body of the | ||||||
7 | municipality within 14 to 90 days from the completion
of the | ||||||
8 | hearing specified in Section 11-74.4-5
approve redevelopment | ||||||
9 | plans and redevelopment projects, and designate
redevelopment | ||||||
10 | project areas pursuant to notice and hearing required by this
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11 | Act. No redevelopment project area shall be designated unless a | ||||||
12 | plan and
project are approved
prior to the designation of such | ||||||
13 | area and such area
shall include only those contiguous parcels | ||||||
14 | of real property and
improvements thereon substantially | ||||||
15 | benefited by the proposed redevelopment
project improvements.
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16 | Upon adoption of the ordinances, the municipality shall | ||||||
17 | forthwith transmit to
the county clerk of the county or | ||||||
18 | counties within which the redevelopment
project area is located | ||||||
19 | a certified copy of the ordinances, a legal description
of the | ||||||
20 | redevelopment project area, a map of the redevelopment project | ||||||
21 | area,
identification of the year that the county clerk shall | ||||||
22 | use for determining the
total initial equalized assessed value | ||||||
23 | of the redevelopment project area
consistent with subsection | ||||||
24 | (a) of Section 11-74.4-9, and a
list of the parcel or tax | ||||||
25 | identification number of each parcel of property
included in | ||||||
26 | the redevelopment project area.
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27 | (b) Make and enter into all contracts with property owners, | ||||||
28 | developers,
tenants, overlapping taxing bodies, and others | ||||||
29 | necessary or incidental to the
implementation and furtherance | ||||||
30 | of its redevelopment plan and project.
Contract provisions | ||||||
31 | concerning loan repayment obligations in contracts
entered | ||||||
32 | into on or after the effective date of this amendatory Act
of
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33 | the 93rd
General Assembly shall terminate no later than the | ||||||
34 | last to occur of the
estimated dates of
completion of the
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1 | redevelopment project and retirement of the obligations issued | ||||||
2 | to finance
redevelopment
project costs as required by item (3) | ||||||
3 | of subsection (n) of Section 11-74.4-3.
Payments received under
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4 | contracts entered
into by the
municipality prior to the | ||||||
5 | effective date of this amendatory Act of the 93rd
General
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6 | Assembly that are received after the redevelopment project area | ||||||
7 | has been
terminated by
municipal ordinance shall be deposited | ||||||
8 | into a special fund of the municipality
to be used
for other | ||||||
9 | community redevelopment needs within the redevelopment project
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10 | area.
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11 | (c) Within a redevelopment project area, acquire by | ||||||
12 | purchase, donation,
lease or
eminent domain; own, convey, | ||||||
13 | lease, mortgage or dispose of land
and other property, real or | ||||||
14 | personal, or rights or interests therein, and
grant or acquire | ||||||
15 | licenses, easements and options with respect thereto, all
in | ||||||
16 | the manner and at such price the municipality determines is | ||||||
17 | reasonably
necessary to achieve the objectives of the | ||||||
18 | redevelopment plan and project.
No conveyance, lease, | ||||||
19 | mortgage, disposition of land or other property owned
by a | ||||||
20 | municipality, or
agreement relating to the development of such | ||||||
21 | municipal property
shall be
made except
upon the adoption of an | ||||||
22 | ordinance by the corporate authorities of the
municipality. | ||||||
23 | Furthermore, no conveyance, lease, mortgage, or other
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24 | disposition of land owned by a municipality or agreement | ||||||
25 | relating to the
development of such municipal property
shall be | ||||||
26 | made without making public disclosure of the terms of the
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27 | disposition and all bids and proposals made in response to the
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28 | municipality's request. The procedures for obtaining such bids | ||||||
29 | and
proposals shall provide reasonable opportunity for any | ||||||
30 | person to submit
alternative proposals or bids.
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31 | (d) Within a redevelopment project area, clear any area by
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32 | demolition or removal of any existing buildings and structures.
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33 | (e) Within a redevelopment project area, renovate or | ||||||
34 | rehabilitate or
construct any structure or building, as |
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1 | permitted under this Act.
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2 | (f) Install, repair, construct, reconstruct or relocate | ||||||
3 | streets, utilities
and site improvements essential to the | ||||||
4 | preparation of the redevelopment
area for use in accordance | ||||||
5 | with a redevelopment plan.
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6 | (g) Within a redevelopment project area, fix, charge and | ||||||
7 | collect fees,
rents and charges for the use of any building or | ||||||
8 | property owned or leased
by it or any part thereof, or facility | ||||||
9 | therein.
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10 | (h) Accept grants, guarantees and donations of property, | ||||||
11 | labor, or other
things of value from a public or private source | ||||||
12 | for use within a project
redevelopment area.
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13 | (i) Acquire and construct public facilities within a | ||||||
14 | redevelopment project
area, as permitted under this Act.
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15 | (j) Incur project redevelopment costs and reimburse | ||||||
16 | developers who incur
redevelopment project costs authorized by | ||||||
17 | a redevelopment agreement; provided,
however, that on and
after | ||||||
18 | the effective date of this amendatory
Act of the 91st General | ||||||
19 | Assembly, no municipality shall incur redevelopment
project | ||||||
20 | costs (except for planning costs and any other eligible costs
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21 | authorized by municipal ordinance or resolution that are | ||||||
22 | subsequently included
in the
redevelopment plan for the area | ||||||
23 | and are incurred by the municipality after the
ordinance or | ||||||
24 | resolution is adopted)
that are
not consistent with the program | ||||||
25 | for
accomplishing the objectives of the
redevelopment plan as | ||||||
26 | included in that plan and approved by the
municipality until | ||||||
27 | the municipality has amended
the redevelopment plan as provided | ||||||
28 | elsewhere in this Act.
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29 | (k) Create a commission of not less than 5 or more than 15 | ||||||
30 | persons to
be appointed by the mayor or president of the | ||||||
31 | municipality with the consent
of the majority of the governing | ||||||
32 | board of the municipality. Members of a
commission appointed | ||||||
33 | after the effective date of this amendatory Act of
1987 shall | ||||||
34 | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
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1 | respectively, in such numbers as to provide that the terms of | ||||||
2 | not more than
1/3 of all such members shall expire in any one | ||||||
3 | year. Their successors
shall be appointed for a term of 5 | ||||||
4 | years. The commission, subject to
approval of the corporate | ||||||
5 | authorities may exercise the powers enumerated in
this Section. | ||||||
6 | The commission shall also have the power to hold the public
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7 | hearings required by this division and make recommendations to | ||||||
8 | the
corporate authorities concerning the adoption of | ||||||
9 | redevelopment plans,
redevelopment projects and designation of | ||||||
10 | redevelopment project areas.
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11 | (l) Make payment in lieu of taxes or a portion thereof to | ||||||
12 | taxing districts.
If payments in lieu of taxes or a portion | ||||||
13 | thereof are made to taxing districts,
those payments shall be | ||||||
14 | made to all districts within a project redevelopment
area on a | ||||||
15 | basis which is proportional to the current collections of | ||||||
16 | revenue
which each taxing district receives from real property | ||||||
17 | in the redevelopment
project area.
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18 | (m) Exercise any and all other powers necessary to | ||||||
19 | effectuate the purposes
of this Act.
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20 | (n) If any member of the corporate authority, a member of a | ||||||
21 | commission
established pursuant to Section 11-74.4-4(k) of | ||||||
22 | this Act, or an employee
or consultant of the municipality | ||||||
23 | involved in the planning and preparation
of a redevelopment | ||||||
24 | plan, or project for a redevelopment project area or
proposed | ||||||
25 | redevelopment project area, as defined in Sections | ||||||
26 | 11-74.4-3(i)
through (k) of this Act, owns or controls an | ||||||
27 | interest, direct or indirect,
in any property included in any | ||||||
28 | redevelopment area, or proposed
redevelopment area, he or she | ||||||
29 | shall disclose the same in writing to the
clerk of the | ||||||
30 | municipality, and shall also so disclose the dates and terms
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31 | and conditions of any disposition of any such interest, which | ||||||
32 | disclosures
shall be acknowledged by the corporate authorities | ||||||
33 | and entered upon the
minute books of the corporate authorities. | ||||||
34 | If an individual
holds such an interest then that individual |
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1 | shall refrain from any further
official involvement in regard | ||||||
2 | to such redevelopment plan, project or area,
from voting on any | ||||||
3 | matter pertaining to such redevelopment plan, project
or area, | ||||||
4 | or communicating with other members concerning corporate | ||||||
5 | authorities,
commission or employees concerning any matter | ||||||
6 | pertaining to said redevelopment
plan, project or area. | ||||||
7 | Furthermore, no such member or employee shall acquire
of any | ||||||
8 | interest direct, or indirect, in any property in a | ||||||
9 | redevelopment
area or proposed redevelopment area after either | ||||||
10 | (a) such individual obtains
knowledge of such plan, project or | ||||||
11 | area or (b) first public notice of such
plan, project or area | ||||||
12 | pursuant to Section 11-74.4-6 of this Division, whichever
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13 | occurs first.
For the
purposes of this subsection, a property | ||||||
14 | interest
acquired in a
single parcel of property by a member of | ||||||
15 | the corporate authority, which
property
is used
exclusively as | ||||||
16 | the member's primary residence, shall not be deemed to
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17 | constitute an
interest in any property included in a | ||||||
18 | redevelopment area or proposed
redevelopment area
that was | ||||||
19 | established before December 31, 1989, but the member must | ||||||
20 | disclose the
acquisition to the municipal clerk under the | ||||||
21 | provisions of this subsection.
For the purposes of this | ||||||
22 | subsection, a month-to-month leasehold interest
in a single | ||||||
23 | parcel of property by a member of the corporate authority
shall | ||||||
24 | not be deemed to constitute an interest in any property | ||||||
25 | included in any
redevelopment area or proposed redevelopment | ||||||
26 | area, but the member must disclose
the interest to the | ||||||
27 | municipal clerk under the provisions of this subsection.
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28 | (o) Create a Tax Increment Economic Development Advisory | ||||||
29 | Committee to
be appointed by the Mayor or President of the | ||||||
30 | municipality with the consent
of the majority of the governing | ||||||
31 | board of the municipality, the members of
which Committee shall | ||||||
32 | be appointed for initial terms of 1, 2, 3, 4 and 5
years | ||||||
33 | respectively, in such numbers as to provide that the terms of | ||||||
34 | not
more than 1/3 of all such members shall expire in any one |
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1 | year. Their
successors shall be appointed for a term of 5 | ||||||
2 | years. The Committee shall
have none of the powers enumerated | ||||||
3 | in this Section. The Committee shall
serve in an advisory | ||||||
4 | capacity only. The Committee may advise the governing
Board of | ||||||
5 | the municipality and other municipal officials regarding
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6 | development issues and opportunities within the redevelopment | ||||||
7 | project area
or the area within the State Sales Tax Boundary. | ||||||
8 | The Committee may also
promote and publicize development | ||||||
9 | opportunities in the redevelopment
project area or the area | ||||||
10 | within the State Sales Tax Boundary.
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11 | (p) Municipalities may jointly undertake and perform | ||||||
12 | redevelopment plans
and projects and utilize the provisions of | ||||||
13 | the Act wherever they have
contiguous redevelopment project | ||||||
14 | areas or they determine to adopt tax
increment financing with | ||||||
15 | respect to a redevelopment project area which
includes | ||||||
16 | contiguous real property within the boundaries of the
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17 | municipalities, and in doing so, they may, by agreement between
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18 | municipalities, issue obligations, separately or jointly, and | ||||||
19 | expend
revenues received under the Act for eligible expenses | ||||||
20 | anywhere within
contiguous redevelopment project areas or as | ||||||
21 | otherwise permitted in the Act.
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22 | (q) Utilize revenues, other than State sales tax increment | ||||||
23 | revenues,
received under this Act from one redevelopment | ||||||
24 | project area for
eligible
costs in another redevelopment | ||||||
25 | project area that is :
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26 | (i)
either contiguous to the redevelopment project | ||||||
27 | area from which the revenues are received; | ||||||
28 | (ii)
, or
is separated only by a public right of way | ||||||
29 | from the redevelopment project area from which the revenues | ||||||
30 | are received; or | ||||||
31 | (iii) separated only by forest preserve property from , | ||||||
32 | the redevelopment project
area from which the revenues are | ||||||
33 | received if the closest boundaries of the redevelopment | ||||||
34 | project areas that are separated by the forest preserve |
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1 | property are less than one mile apart .
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2 | Utilize tax increment revenues for eligible costs that are | ||||||
3 | received from a
redevelopment project area created under the | ||||||
4 | Industrial Jobs Recovery Law that
is either contiguous to, or | ||||||
5 | is separated only by a public right of way from,
the | ||||||
6 | redevelopment project area created under this Act which | ||||||
7 | initially receives
these revenues. Utilize revenues, other | ||||||
8 | than State sales tax increment
revenues, by transferring or | ||||||
9 | loaning such revenues to a redevelopment project
area created | ||||||
10 | under the Industrial Jobs Recovery Law that is either | ||||||
11 | contiguous
to, or separated only by a public right of way from | ||||||
12 | the redevelopment project
area that initially produced and | ||||||
13 | received those revenues; and, if the
redevelopment
project area | ||||||
14 | (i) was established before the effective date of this | ||||||
15 | amendatory
Act of the 91st General Assembly and (ii) is located | ||||||
16 | within a municipality with
a population of more than 100,000,
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17 | utilize revenues or proceeds of obligations authorized by | ||||||
18 | Section 11-74.4-7 of
this
Act, other than use or occupation tax | ||||||
19 | revenues, to pay for any redevelopment
project costs as defined | ||||||
20 | by subsection (q) of Section 11-74.4-3 to the extent
that the | ||||||
21 | redevelopment project costs involve public property that is | ||||||
22 | either
contiguous to, or separated only by a public right of | ||||||
23 | way from, a redevelopment
project area whether or not | ||||||
24 | redevelopment project costs or the source of
payment for the | ||||||
25 | costs are specifically set forth in the redevelopment plan for
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26 | the redevelopment project area.
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27 | (r) If no redevelopment project has been initiated in a
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28 | redevelopment
project area within 7 years after the area was | ||||||
29 | designated by ordinance under
subsection (a), the municipality | ||||||
30 | shall adopt an ordinance repealing the area's
designation as a | ||||||
31 | redevelopment project area; provided, however, that if an area
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32 | received its
designation more than 3 years before the effective | ||||||
33 | date of this amendatory Act
of 1994 and no redevelopment | ||||||
34 | project has been initiated
within 4 years after the effective |
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1 | date of this amendatory Act of 1994, the
municipality shall | ||||||
2 | adopt an ordinance repealing its designation as a
redevelopment | ||||||
3 | project area. Initiation of a redevelopment project shall be
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4 | evidenced by either a signed redevelopment agreement or | ||||||
5 | expenditures on
eligible redevelopment project costs | ||||||
6 | associated with a redevelopment project.
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7 | (Source: P.A. 92-16, eff. 6-28-01; 93-298, eff. 7-23-03; | ||||||
8 | 93-961, eff. 1-1-05.)".
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