093_HB2601eng

 
HB2601 Engrossed                     LRB093 06778 SJM 06917 b

 1        AN  ACT  in  relation  to  East  St.  Louis Area economic
 2    development.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.   This Act may be cited as the East St. Louis
 6    Area Development Act of 2003.

 7        Section 2.  The General Assembly  finds  that  there  has
 8    been a dramatic decrease in the population of depressed areas
 9    in  East  St.  Louis and that blight, deterioration and decay
10    have resulted in (a) inefficient and  wasteful  use  of  land
11    resources;   (b)   destruction   of   irreplaceable  natural,
12    industrial, recreational, housing and  commercial  resources;
13    (c)  diminished  opportunity  for  the  private home building
14    industry to operate at  its  highest  potential  capacity  in
15    providing  good  housing  needed  for  those  who now live in
16    depressed areas and those expected to move to depressed areas
17    in the future, and to replace substandard  housing;  (d)  the
18    need  for costly and effective public facilities and services
19    at all levels; (e) unduly limited options for many  depressed
20    areas  residents  as to where they may live, and the types of
21    housing and environment in which they may live; (f) a failure
22    to make the most economical use of  the  land  available  for
23    development in depressed areas; (g) decreasing employment and
24    business  opportunities  for the citizens of depressed areas,
25    and the inability of depressed areas to  retain  a  tax  base
26    adequate  to  support  vital  services  for all our citizens,
27    particularly  our  poor  and  disadvantaged;  and   (h)   the
28    decreased  effectiveness of public and private facilities for
29    urban transportation.

30        Section 2.01.  The General  Assembly  finds  that  better
 
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 1    patterns  of  development  and revitalization in the East St.
 2    Louis depressed areas are  essential  to  accommodate  future
 3    population  growth;  to  prevent further deterioration of the
 4    city and the people's physical and social environment; and to
 5    make a positive contribution to improving the overall quality
 6    of life in the East St. Louis depressed  areas  of  Illinois.
 7    The  General  Assembly finds that the health, welfare, morals
 8    and safety of its citizens require the encouragement of  well
 9    planned,   diversified   and   economically  sound  community
10    development, including major additions to existing  areas  of
11    depression.    The  General  Assembly  finds  that  desirable
12    community development on a significantly large scale has been
13    prevented by difficulties in (a) obtaining adequate financing
14    at moderate cost for enterprises which involve large  initial
15    capital  investment,  extensive periods before investment can
16    be returned, and regular patterns of return; (b)  the  timely
17    assembly   of   sufficiently   large  sites  in  economically
18    favorable locations  at  reasonable  costs;  and  (c)  making
19    necessary   arrangements   among   all   private  and  public
20    organizations  involved,  for  providing  site  and   related
21    improvements  (including streets, sewer and water facilities,
22    and other public and community facilities) in  a  timely  and
23    coordinated manner.

24        Section  3.   The  following  terms specified in Sections
25    3.01 through 3.08, whenever used or referred to in this  Act,
26    shall  have  the meanings ascribed to them in those Sections,
27    except in those instances where the context clearly indicates
28    otherwise.

29        Section 3.01.  "Authority" means the East St. Louis  Area
30    Development Authority created by this Act.

31        Section  3.02.   "Project"  means any utility, structure,
 
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 1    facility or other undertaking which will implement a defined,
 2    organized, planned and scheduled,  diversified,  economically
 3    and  technologically  sound,  quality  community environment,
 4    which the authority is authorized to construct,  reconstruct,
 5    improve,  equip  or  furnish  under this Act.  "Project" will
 6    include,  but  is  not  limited  to:    buildings  and  other
 7    facilities intended  for  use  as  classrooms,  laboratories,
 8    student  residence  halls,  instructional  and administrative
 9    facilities for students, faculty, officers and employees, and
10    motor vehicle parking facilities  and  fixed  equipment,  and
11    industrial   or   manufacturing  plants  or  facilities,  any
12    industrial park, any commercial facilities, the  construction
13    or  improvement  of  streets,  sidewalks, and sewer and water
14    facilities, the construction of schools, parks,  playgrounds,
15    community  and  municipal buildings and the implementation of
16    new community development programs. "Project"  further  means
17    apartments,  housing facilities, health, hospital and medical
18    facilities,  stadiums,  physical   education   installations,
19    hotels,  motels,  dormitories,  New Town Programs, aquariums,
20    museums, convention centers, planetariums,  civic  buildings,
21    nursing  homes,  harbors, and terminal facilities. Nothing in
22    this Act shall be construed to authorize the financing for or
23    the construction of plants, projects or  facilities  for  (1)
24    the   manufacture   or   generation  of  electric  energy  in
25    competition with an electric supplier  as    defined  in  the
26    Electric  Supplier  Act or (2) the transmission, distribution
27    or manufacture of gas in competition with a public utility as
28    defined in "An Act concerning public  utilities",    approved
29    June 29, 1921, as amended.

30        Section  3.03.   "Land  development" means the process of
31    clearing   and   grading   land,   making,   installing,   or
32    constructing water  lines  and  water  supply  installations,
33    sewer  lines  and  sewage disposal installations, steam, gas,
 
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 1    and electrical  plants  and  installations,  roads,  streets,
 2    curbs,  gutters,  sidewalks,  storm  drainage facilities, and
 3    other installations or work, whether  on  or  off  the  site,
 4    which  the  Authority deems necessary or desirable to prepare
 5    land for residential, commercial, industrial, or other  uses,
 6    or in providing facilities for public or other facilities.
 7        "Land development" further means to construct, acquire by
 8    gift  or purchase, reconstruct, improve, better or extend any
 9    project within  or  without  the  municipality  or  partially
10    within the municipality, but in no event farther than 3 miles
11    from  the territorial boundaries of such municipality, and to
12    acquire by gift or  purchase  lands  or  rights  in  land  in
13    connection therewith.

14        Section  3.04.   "Blighted  area"  means  any area of not
15    less, in the aggregate,  than  2  acres  located  within  the
16    territorial  limits  of  the  East  St. Louis depressed areas
17    where industrial, commercial, recreational,  residential,  or
18    any   other   buildings  or  improvements,  because  of  age,
19    dilapidation,    obsolescence,    overcrowding,    lack    of
20    ventilation, light, sanitary facilities, adequate  utilities,
21    or excessive land coverage, deleterious land use or layout or
22    any  combination  of  these  factors,  are detrimental to the
23    public safety, health, morals or welfare.

24        Section   3.05.    "Redevelopment   plan"    means    the
25    comprehensive  process for the clearing or rehabilitation and
26    physical development of a commercial, residential, industrial
27    or  recreational  blighted  area,  and  necessary   for   the
28    elimination  or  rehabilitation of a residential, commercial,
29    or industrially blighted area and the protection of  adjacent
30    areas,  and all administrative, funding and financial details
31    and proposals necessary to effectuate the plan, including but
32    not limited to a new community development program.
 
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 1        Section 3.06.  "Redevelopment area"  means  the  blighted
 2    area  of  not  less  in  the  aggregate  than  2 acres, to be
 3    developed in accordance with the redevelopment plan.

 4        Section 3.07.  "East St. Louis Depressed Areas" means the
 5    territorial  areas  of  East  St.  Louis,  Alorton,   Venice,
 6    Centreville, Washington Park, and Brooklyn, Illinois.

 7        Section  3.08.  "Depressed Areas" means the areas of East
 8    St. Louis, Alorton, Venice, Centreville, Washington Park, and
 9    Brooklyn, Illinois.

10        Section 4.  There is  created  an  East  St.  Louis  Area
11    Development  Authority  within  the  State  of Illinois.  The
12    Authority shall: (a) act as Public Developer in carrying  out
13    community development programs in and for the East St.  Louis
14    depressed areas of the  State of Illinois; (b) make available
15    adequate     management,    administrative   and   technical,
16    financial, and other assistance necessary for encouraging the
17    defined,  organized,  planned  and  scheduled,   diversified,
18    economically  and  technologically  sound,  quality community
19    environment in  depressed areas, and to do so through the use
20    of management task force procedures which will  rely  to  the
21    maximum  extent  on  private  enterprise;  (c) strengthen the
22    capacity of the State and  Federal governments to make  their
23    resources available to the people of East St. Louis depressed
24    areas; (d) increase for all persons living in depressed areas
25    the  available  choices  of locations for living and working,
26    thereby  providing  a   more   just   economic   and   social
27    environment;  (e)  encourage  the  fullest utilization of the
28    economic potential of supply of residential,  commercial  and
29    industrial  building  sites  at reasonable costs; (f) utilize
30    improved  technology  in  producing  the  large   volume   of
31    well-designed  housing  needed  to  accommodate the people of
 
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 1    depressed areas; (g) help create neighborhoods  designed  for
 2    easier  access  between  the places where people live and the
 3    place where they work  and  find  recreation;  (h)  encourage
 4    desirable  innovations  in  meeting domestic problems whether
 5    physical,  economical  or  social;  and  (i)  assist,   plan,
 6    develop,  build  and  construct  any  facility  or project to
 7    enhance   the   community   environment   and   technological
 8    management when requested to do so by any  State,  county  or
 9    federal   agency,   school   district,   community   college,
10    municipality,   municipal   corporation,   special  district,
11    authority, local or State  public  body,  commission,  public
12    corporation  or  entity  within  the East St. Louis depressed
13    area.

14        Section 5. The Authority shall  consist  of  10  members,
15    including  as  members  the  Director  of  the  Department of
16    Commerce and Community Affairs or his designee, the  Director
17    of   the   Illinois  Housing  Development  Authority  or  his
18    designee, the Executive Director of the Illinois  Development
19    Finance Authority or his designee, and the mayors of East St.
20    Louis,  Centreville,  Venice,  Brooklyn, Washington Park, and
21    Alorton or their respective designees. The  other  member  of
22    the Authority shall be appointed by the Governor, by and with
23    the  advice  and  consent  of  the Senate.  One member of the
24    authority shall be designated as chairman by the  members  of
25    the Authority.
26        If  the  Senate is not in session when the appointment is
27    made, the Governor shall make a temporary appointment  as  in
28    the  case  of a vacancy. The member appointed by the Governor
29    shall serve for a 4-year term expiring on the third Monday in
30    January or until his successor is  appointed  and  qualified.
31    Any  vacancy  occurring  in  the  office  held  by the member
32    appointed by the Governor, whether by death,  resignation  or
33    otherwise, shall be filled by the Governor in the same manner
 
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 1    as  the  original  appointment.  A member appointed to fill a
 2    vacancy shall serve for the remainder of the  unexpired  term
 3    or until his successor is appointed and qualified.

 4        Section  6.  Members of the Authority shall serve without
 5    compensation but shall be  reimbursed  for  their  reasonable
 6    expenses  necessarily  incurred  in  the performance of their
 7    duties and the exercise of their powers under this Act.  Each
 8    member  shall  before entering upon the duties of his office,
 9    take and subscribe to the constitutional oath of office.  The
10    oath shall be filed in the office of the Secretary of State.

11        Section 7.  The Authority shall meet at  such  times  and
12    places as is provided for by the Authority or, in the absence
13    of such a provision, on call of the chairman after at least 5
14    days'  written  notice  to the members or the request of 2 or
15    more members. Six  members  shall  constitute  a  quorum.  No
16    vacancy  in the membership shall impair the right of a quorum
17    of the members to exercise all of the rights and powers,  and
18    to perform all of the duties, of the Authority.

19        Section   8.   The  Authority  may  employ  and  fix  the
20    compensation of an executive director, to serve as the  chief
21    executive  officer of the Authority, and such other agents or
22    employees  as  it  considers  necessary  or  desirable.  Such
23    employment other than of technical or  engineering  personnel
24    shall  be subject to the Personnel Code. If any employees are
25    transferred to the Authority from  any  other  State  agency,
26    such a transfer shall not affect the status of such employees
27    under  the  Personnel Code, under any retirement system under
28    the Illinois Pension Code, or under any civil service,  merit
29    service or other law relating to State employment.

30        Section  9.   The  Authority  has  the  following rights,
 
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 1    powers and duties specified in Sections 9.01 through 9.25.

 2        Section 9.01.   To  sue  and  be  sued,  implead  and  be
 3    impleaded, complain and defend in all courts.

 4        Section 9.02.  To make regulations for the management and
 5    regulation of its affairs.

 6        Section  9.03.   To acquire by purchase or gift, and hold
 7    or dispose  of  real  or  personal  property,  or  rights  or
 8    interests therein.

 9        Section  9.04.   To  accept  loans  or grants of money or
10    materials or property of any kind from  a  Federal  or  State
11    agency   or   department  or  others,  upon  such  terms  and
12    conditions as may be imposed.

13        Section 9.05.  To borrow money to implement any  project,
14    or any combination of projects.

15        Section 9.06.  To recommend the issuance of revenue bonds
16    to implement any project or combination of projects.

17        Section  9.07.  To make contracts and leases and exercise
18    all instruments and  perform  all  acts  and  do  all  things
19    necessary  or  convenient  to carry out the powers granted in
20    this Act.

21        Section  9.08.   To  develop   and   recommend   to   the
22    municipalities  in  the East St. Louis depressed areas a long
23    range comprehensive master redevelopment plan  for  community
24    growth and development of depressed areas including assisting
25    in the preparation of new town applications to the Department
26    of Housing and Urban Development.
 
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 1        Section  9.09.   To  collect,  analyze  and evaluate such
 2    statistics,   data   and   other    information    (including
 3    demographic, economic, social, environmental and governmental
 4    information)  as will enable the Authority to transmit to the
 5    corporate authorities within the  East  St.  Louis  depressed
 6    areas,  at  the  beginning of each year, a required report on
 7    the growth of depressed  areas  for  the  year  passed.  Such
 8    report shall include, but not be limited to:
 9        (a)  Information      and      statistics      describing
10    characteristics  of  depressed areas growth and stabilization
11    and identifying significant trends and developments;
12        (b)  A summary of significant problems  facing  depressed
13    areas as to their growth trends and development;
14        (c)  An  evaluation  of the progress and effectiveness of
15    Federal, State, and local  programs  designed  to  meet  such
16    problems and development and to carry out the depressed areas
17    urban growth policies;
18        (d)  An  assessment  of  the  policies  and structures of
19    existing and proposed interstate and  regional  planning  and
20    development affecting such policy; and
21        (e)  A  review  of  State,  Federal,  local  and  private
22    policies, plans and programs relevant to such policy.

23        Section  9.10.   To  lease  or rent any of the housing or
24    other  accommodations  or  any  of  the   lands,   buildings,
25    structures  or  facilities  in  which the Authority holds fee
26    simple or lesser interest, and to otherwise  sell,  exchange,
27    transfer,  or  assign,  any property, real or personal or any
28    interest  therein,  and  to  own,  hold,  clear  and  improve
29    property.

30        Section 9.11.  To acquire by purchase, gift or  otherwise
31    as provided in this Act the fee simple or lesser title to all
32    or any part of the real property in any redevelopment area.
 
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 1        Section  9.12.  To renovate or rehabilitate any structure
 2    or building acquired, or if any structure or building or  the
 3    land  supporting it has been acquired, to permit the owner to
 4    renovate or rebuild the structure or building  in  accordance
 5    with a redevelopment plan.

 6        Section 9.13.  To install, repair, construct, reconstruct
 7    or  relocate streets, roads, alleys, sidewalks, utilities and
 8    site  improvements  essential  to  the  preparation  of   the
 9    redevelopment area for use in accordance with a redevelopment
10    plan.

11        Section  9.14.   To  mortgage  or convey real or personal
12    property acquired for use in accordance with a  redevelopment
13    plan.

14        Section  9.15.   To  borrow  money,  apply for and accept
15    advances, loans, gifts, grants,  contributions,  services  or
16    other financial assistance from the federal government or any
17    agency   or   instrumentality  thereof,  the  State,  county,
18    municipality or other public body or from any source,  public
19    or  private,  for  or  in  aid  of any of the purposes of the
20    redevelopment plan, and to secure the payment of any loans or
21    advances by the issuance of revenue bonds and by  the  pledge
22    of  any loan, grant or contribution, or parts thereof, or the
23    contracts  therefore,  to  be  received  from   the   federal
24    government  or  any agency or instrumentality thereof, and to
25    enter into and carry out contracts in connection therewith.

26        Section 9.16.  To create parks, playgrounds, recreational
27    community education, water, sewer or drainage facilities,  or
28    any  other work which it is otherwise empowered to undertake,
29    adjacent to or in connection with housing projects.
 
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 1        Section 9.17.  To dedicate, sell, convey or lease any  of
 2    its  interests  in any property, or grant easements, licenses
 3    or other rights or privileges therein  to  a  public  housing
 4    development body or the Federal or State governments.

 5        Section  9.18.   To exercise all powers available to land
 6    clearance commissions under the "Blighted Areas Redevelopment
 7    Act of 1947", as now or hereafter amended,  and  to  initiate
 8    and implement slum and blighted areas redevelopment projects.
 9    However,  the  Authority  shall  not  exercise eminent domain
10    powers pursuant to the "Blighted Areas Redevelopment  Act  of
11    1947",  and  with reference to the exercise of eminent domain
12    authority, this Act shall control.

13        Section 9.19.  To develop a  comprehensive  redevelopment
14    plan for each neighborhood in depressed areas.

15        Section  9.20.   To hold public hearings on redevelopment
16    plans.

17        Section 9.21.  To fix, alter, charge  and  collect  fees,
18    rentals  and   other charges for the use of the facilities of
19    or for the services rendered by the  Authority,  or  projects
20    thereof, at rates to be determined by agreement or otherwise,
21    for  the  purpose  of  providing  for  the  expenses  of  the
22    Authority,  the construction, improvement, repair, equipping,
23    and furnishing of its facilities and properties, the  payment
24    of  the  principal  and  interest  on  its obligations and to
25    fulfill the terms and provisions of any agreements made  with
26    the  purchasers  or  holders  of  any such obligations.  Such
27    fees, rentals and other charges  shall  include  charges  for
28    interest due bond holders on all outstanding construction and
29    improvement,  and  engineering  and  administration costs not
30    reimbursed to the Authority; and  shall  include  charges  to
 
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 1    reimburse   completely   the   Authority   beginning   in  an
 2    appropriate year for the principal on  such  bonds  within  a
 3    period  of  years specified by the Authority to meet its bond
 4    payment schedules.

 5        Section 9.22.  (a) To borrow money pursuant to a  revenue
 6    bond ordinance or resolution passed by the Authority within 4
 7    years of the effective date of this Act, for the acquisition,
 8    construction  and  improvement of projects in such amounts as
 9    necessary for defraying the cost  of  such  projects  and  to
10    secure the payment of all or any of its revenues, rentals and
11    receipts,  and to make such agreements with the purchasers or
12    holders of such bonds or with others in connection  with  any
13    bonds  whether issued or to be issued, as the Authority shall
14    deem advisable and in general, to provide for the security of
15    such bonds and the rights of the holders thereof.
16        (b)  However no bonds may  be  issued  by  the  Authority
17    unless  the  Authority offers, in writing, to the agencies or
18    municipalities represented by  directors  on  the  Authority,
19    excluding  the  director appointed by the Governor, the first
20    opportunity  to  issue  revenue  bonds  for  the  project  or
21    combination of projects.   If the offer to issue bonds is not
22    accepted in writing, within 6 weeks, by any  such  agency  or
23    municipality,  the  Authority may issue revenue bonds for the
24    purpose for which the bonding opportunity was offered to  the
25    agencies or municipalities.

26        Section  9.23.  To provide that any real property sold by
27    the  Authority  is  used  in  accordance   with   the   final
28    redevelopment  plan, and the Authority shall inquire into and
29    satisfy themselves concerning the financial  ability  of  the
30    purchaser  to  complete  the redevelopment in accordance with
31    the redevelopment plan and shall  require  the  purchaser  to
32    execute  in  writing  such  undertakings as the Authority may
 
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 1    deem necessary to obligate the purchaser to:
 2        (a)  Use the land for  the  purposes  designated  in  the
 3    approved plan,
 4        (b)  Commence   and   complete   the   building   of  the
 5    improvements within the periods of time which  the  Authority
 6    fixes as reasonable, and
 7        (c)  Comply  with  such other conditions as are necessary
 8    to carry out the purposes of the final redevelopment plan.

 9        Section  9.24.    To   sell   any   property   within   a
10    redevelopment  area  in  which  the  Authority  holds the fee
11    simple title or any lesser interest, provided that  all  real
12    property  shall be sold for at least its use value, which may
13    be less than its acquisition cost.

14        Section 9.25.   Pursuant  to  appropriations,  to  direct
15    disbursements   from   the  "Depressed  Areas  Land  Use  and
16    Community Development Fund" for the purposes of this Act.

17        Section 10.  The Authority may by resolution provide  for
18    an  initial study and survey to determine if a depressed area
19    contains  any  commercially,   industrially,   residentially,
20    recreationally or other blighted areas.
21        (a)  In  making  the survey and study the Authority board
22    shall:
23             (1)  Cooperate with and use evidence gathered by any
24        public or private organization relative to the  existence
25        or extent of blight in the depressed area;
26             (2)  Hold  public  hearings, conduct investigations,
27        hear testimony and gather evidence relating to blight and
28        its elimination;
29             (3)  Create an Advisory Committee of not  less  than
30        11  persons,  to  be  appointed  by the chairman with the
31        approval of the Authority, which committee shall  consist
 
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 1        of  representatives  from among local merchants, property
 2        owners, associations, human relations commissions,  labor
 3        organizations and other civic groups; and
 4             (4)  Formulate a proposed redevelopment plan for the
 5        East St. Louis blighted area, provided that such plan has
 6        received  the  approval  and  recommendations  of  a  2/3
 7        majority vote of the members.
 8        (b)  If as a result of their initial study and survey the
 9    Authority   determines   that   one   or  more  commercially,
10    industrially, residentially,  recreationally,  educationally,
11    or  other blighted areas are existing in the depressed areas,
12    the Authority may by resolution set forth the  boundaries  of
13    each blighted area and the factors that exist in the blighted
14    area  that  are  detrimental  to  the  public health, safety,
15    morals and welfare.
16        In the same resolution the Authority may  provide  for  a
17    public  hearing  on  the designation of an area as a blighted
18    area and may submit  proposed  redevelopment  plans  for  the
19    blighted area.
20        At  least  20 days before the hearing the Authority shall
21    give notice of the hearing by publication at least once in  a
22    newspaper of general circulation within the depressed area.
23        (c)  At  the  hearing  on the designation of an area as a
24    blighted area, the Authority shall  introduce  the  testimony
25    and  evidence  that entered into their decision to declare an
26    area a blighted area, and shall enter into the record of  the
27    proceedings  all  proposed redevelopment plans received at or
28    prior to the hearing.  All interested persons may appear  and
29    shall  be  given an opportunity to testify for or against any
30    proposed redevelopment plan.  The hearing  may  be  continued
31    from time to time at the discretion of the Authority to allow
32    necessary  changes in any proposed plan or to hear or receive
33    additional testimony from interested persons.
34        (d)  At the conclusion  of  the  hearing  on  blight  the
 
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 1    Authority  shall  formulate and publish a final redevelopment
 2    plan for the blighted area after approval of a  2/3  majority
 3    vote of the members of the Advisory Committee, which plan may
 4    incorporate  any  exhibit,  plan, proposal, feature, model or
 5    testimony resulting from the hearing. The final redevelopment
 6    plan shall be presented to the corporate authorities  in  the
 7    territory  covered  by  the  redevelopment  plan.  The  final
 8    redevelopment  plan shall be made available for inspection by
 9    all interested parties.
10        (e)  Within 30 days after  the  publication  of  a  final
11    redevelopment plan, any person aggrieved by the action of the
12    Authority   may  seek  a  review  of  the  decision  and  the
13    redevelopment plan under the "Administrative Review Law". The
14    provisions of that Law and all amendments  and  modifications
15    thereof and the rules adopted pursuant thereto shall apply to
16    review  of  the  final  redevelopment  plan.  If no action is
17    initiated under the Administrative  Review  Law,  or  if  the
18    court  sustains  the  Authority and the redevelopment plan as
19    presented, or as amended by  the  court,  the  Authority  may
20    proceed to carry out the final redevelopment plan.

21        Section 11.  The Authority is authorized and empowered to
22    incur indebtedness and issue revenue bonds in compliance with
23    subsection  (b)  of  Section  9.22 for the purpose of raising
24    funds  for  carrying  out   the   provisions   of   a   final
25    redevelopment   plan   providing   for  the  eradication  and
26    elimination  of  blight  and  acquisition,   development   or
27    redevelopment  of  blight  areas and any other area which may
28    constitute a redevelopment area within  the  depressed  area.
29    The  resolution  of the Authority authorizing the issuance of
30    revenue bonds shall specify the total amount of the bonds  to
31    be  issued,  the  form and denomination, the date or dates of
32    maturity which shall not be later than  20  years  after  the
33    date  of issuance, and the rate of interest, which rate shall
 
HB2601 Engrossed            -16-     LRB093 06778 SJM 06917 b
 1    not exceed the rate permitted in "An Act to authorize  public
 2    corporations  to issue bonds, other evidences of indebtedness
 3    and  tax  anticipation  warrants  subject  to  interest  rate
 4    limitations set forth therein", approved  May  26,  1970,  as
 5    amended. The bonds shall be executed by such officials as may
 6    be  provided  by  the  bond ordinance.  The bonds may be made
 7    registerable to principal and may be  made  callable  on  any
 8    interest  payment  date  at  par  and  accrued interest after
 9    notice has been given in the  manner  provided  by  the  bond
10    ordinance.   The  bonds shall remain valid even though one or
11    more of the officials  executing  the  bonds  cease  to  hold
12    office before the bonds are delivered.
13        The  bonds  shall  contain a provision that the principal
14    and interest thereon shall be payable  exclusively  from  the
15    proceeds  and  revenues  of  any  redevelopment plan which is
16    financed in whole or in part with the proceeds of such bonds,
17    together with whatever funds of the Authority  from  whatever
18    source  derived  as  are  necessary  to  constitute  a  local
19    matching   cash   grant-in-aid   or   contribution   for  the
20    redevelopment plan  within  the  meaning  of  any  applicable
21    federal or State law.  Such bonds may be additionally secured
22    by  a  pledge  of  any  loan, grant or contribution, or parts
23    thereof, received from the United States of America,  or  any
24    agency  or  instrumentality  thereof,  or  any loan, grant or
25    contribution  from  any  other  public   or   private   body,
26    instrumentality,  corporation  or  individual,  or  any  duly
27    executed   contract   for   such   pledge,   loan,  grant  or
28    contribution.
29        The officials executing the revenue bonds  shall  not  be
30    personally  liable  on  the  bonds because of their issuance.
31    The bonds shall not be the debt of any  municipality  or  the
32    State,  or  any  subdivision  thereof. The bonds shall not be
33    payable out of  any  funds  of  the  Authority  except  those
34    indicated in this Act.
 
HB2601 Engrossed            -17-     LRB093 06778 SJM 06917 b
 1        In  connection  with  the  issuance  of the revenue bonds
 2    authorized by this Act and in order to secure the payment  of
 3    such  bonds,  the  Authority  may  recommend to the corporate
 4    authority in which the redevelopment plan is proposed subject
 5    to the powers and limitations contained  in  this  Act,  that
 6    such corporate authority convene and agree in the bonds, bond
 7    ordinance,  or  resolution,  or  any trust agreement executed
 8    pursuant thereto, to any necessary  condition,  power,  duty,
 9    liability,   or   procedure   for   the   issuance,  payment,
10    redemption, security, marketing, replacement  or  refinancing
11    of  such bonds, and the use, disposition or control of all or
12    any part of the revenues realized from a redevelopment or new
13    community plan.
14        The revenue bonds issued pursuant to a resolution  passed
15    by the Authority shall be sold to the highest and best bidder
16    at  not  less than their par value and accrued interest.  The
17    Authority shall, from time to time as bonds are to  be  sold,
18    advertise  for  proposals  to  purchase the bonds.  Each such
19    advertisement  may  be  published  in  such  newspapers   and
20    journals   as  the  Authority  may  determine,  but  must  be
21    published at least once  in  a  newspaper  having  a  general
22    circulation  in the respective area at least 10 days prior to
23    the date of the opening  of  the  bids.   The  Authority  may
24    reserve the rights to reject any and all bids and readvertise
25    for bids.
26        The   bonds   may   be   issued  without  submitting  any
27    proposition to the electorate by referendum or otherwise.

28        Section 12.  Before any proposed new  construction  of  a
29    specific   project  or  proposed  rehabilitation  project  is
30    commenced by the Authority a public hearing must be  held  by
31    the  Authority  affording  interested persons residing in the
32    area an opportunity to be heard. There shall be a  notice  of
33    the  time  and  place of the hearing published at least once,
 
HB2601 Engrossed            -18-     LRB093 06778 SJM 06917 b
 1    not more than 30  and  not  less  than  15  days  before  the
 2    hearing,   in   one  or  more  newspapers  published  in  the
 3    municipalities located within the area of the project.   This
 4    notice  shall  contain the particular site and location to be
 5    affected as well as a brief statement of what is proposed  in
 6    the project.

 7        Section  13.   Any  deed  executed by the Authority under
 8    this Act may contain such restrictions as may be required  by
 9    the  final  redevelopment  plan  and  necessary  building and
10    zoning ordinances.  All such deeds  of  conveyance  shall  be
11    executed  in  the  name  of the Authority and the seal of the
12    Authority shall be attached to the deeds.

13        Section 14.  The Authority  may  let  contracts  for  the
14    demolition   or  removal  of buildings and for the removal of
15    any debris.  The Authority shall advertise  for  sealed  bids
16    for  doing  such  work.   The advertisement shall describe by
17    street number or other means of identification  the  location
18    of  buildings  to  be  demolished or removed and the time and
19    place when sealed bids for the work may be delivered  to  the
20    Authority.   The  advertisement  shall be published once in a
21    newspaper having a general circulation in the respective area
22    20 days prior to the date for receiving bids.
23        The contract for doing the  work  shall  be  let  to  the
24    lowest  responsible  bidder, but the Authority may reject any
25    and all bids received and readvertise for bids. Any  contract
26    entered  into  by  the  Authority  under  this  Section shall
27    contain provisions requiring the contractor to give  bond  in
28    an  amount  to  be  determined  by  the  Authority, and shall
29    require the contractor to furnish insurance  of  a  character
30    and  amount  to be determined by the Authority protecting the
31    Authority and the  municipality,  its  officers,  agents  and
32    employees against any claims for personal injuries, including
 
HB2601 Engrossed            -19-     LRB093 06778 SJM 06917 b
 1    death  and  property  damage which may be asserted because of
 2    the contract. The Authority may include in any  advertisement
 3    and  in  the  contract one or more buildings as they in their
 4    sole discretion may determine.

 5        Section 15.  In carrying out the provisions  of  a  final
 6    redevelopment  plan,  the  Authority  may  pave  and  improve
 7    streets  in  the  redevelopment  area,  construct  walks  and
 8    install  or  relocate  sewers,  water pipes and other similar
 9    facilities. The Authority shall advertise for sealed bids for
10    doing such work.  The advertisement shall describe the nature
11    of the work to be performed and the time when and place where
12    sealed bids for the work may be delivered to  the  Authority.
13    The  advertisement  shall  be  published  once in a newspaper
14    having a general circulation in the municipality at least  20
15    days  prior  to  the date for receiving bids.  A contract for
16    doing the work shall be let to the lowest responsible bidder,
17    but the Authority may reject any and all  bids  received  and
18    readvertise  for  bids.  The contractor shall enter into bond
19    as a condition for the faithful performance of the contract.
20    The sureties on such bond shall be approved by the Authority.

21        Section 16.  When the Authority has  acquired  title  to,
22    and   possession   of   any  or  all  real  property  in  the
23    redevelopment  area,  they  may  convey  any  part   of   the
24    redevelopment  area  to  which  the  Authority  holds the fee
25    simple title or any lesser interest  to any  public  body  or
26    State chartered corporation having jurisdiction over schools,
27    parks,  low  or moderate housing, or playgrounds in the area.
28    The  property  so  conveyed  shall   be   used   for   parks,
29    playgrounds,  schools,  housing  for  low  or moderate income
30    families, and other public  purposes  as  the  Authority  may
31    determine.  The  Authority  may  charge  for  such conveyance
32    whatever price they and the officials of the public bodies or
 
HB2601 Engrossed            -20-     LRB093 06778 SJM 06917 b
 1    State Chartered Corporations receiving  the  land  may  agree
 2    upon.   The  Authority may also grant with or without charge,
 3    easements for public utilities, sewerage  and  other  similar
 4    facilities.

 5        Section  17.   For  the  purposes  of this Act, the terms
 6    "cost of  the  construction"  of  any  project  includes  the
 7    following:
 8        (a)  Obligations  incurred for labor, and to contractors,
 9    builders  and  material   men,   in   connection   with   the
10    construction  of  any such project or projects, for machinery
11    and equipment and for the restoration of property damaged  or
12    destroyed in connection with such construction.
13        (b)  The  cost  of acquiring any property, real, personal
14    or mixed, tangible or intangible, or  any  interest  therein,
15    necessary  or  desirable  for  the  construction  of any such
16    project or projects.
17        (c)  The principal and  interest  requirements  upon  any
18    such  bonds  for  the period during which, and to the extent,
19    the rentals received by the Authority from  such  project  or
20    projects  shall  be insufficient for the payment thereof, the
21    fees and expenses of the fiscal agent  of  the  Authority  in
22    respect  of  such  bonds  during  any  such  period,  and the
23    reasonable fees and expenses of any paying  agents  for  such
24    bonds during such period.
25        (d)  The   taxes   or  other  municipal  or  governmental
26    charges, if any, in  connection  with  any  such  project  or
27    projects during construction.
28        (e)  The  cost and expenses of preliminary investigations
29    of the feasibility or practicality of constructing  any  such
30    project  or  projects  and fees and expenses of engineers for
31    making preliminary studies, surveys, repairs, estimates,  and
32    for   preparing  plans  and  specifications  and  supervising
33    construction as well as for  the  performance  of  all  other
 
HB2601 Engrossed            -21-     LRB093 06778 SJM 06917 b
 1    duties  of  engineers in relation to such construction or the
 2    issuance of bonds therefor.
 3        (f)  Expenses of administration  properly  chargeable  to
 4    any  such  project  or  projects  during  construction, legal
 5    expenses and fees, financing charges, costs of audits and  of
 6    preparing  and  issuing  such  bonds,  and all other items of
 7    expense not elsewhere specified, ancient to the  construction
 8    of   any   such  projects,  the  financing  thereof  and  the
 9    acquisition  of  lands,  property  rights,  rights  of   way,
10    franchises,   easements   and  interest  therefor,  including
11    abstracts of title, title insurance, title opinions, costs of
12    surveys, reports and other expenses in connection  with  such
13    acquisition.

14        Section  18.   The  Authority  may pledge, hypothecate or
15    otherwise encumber all or any of the revenues or receipts  of
16    the  Authority  as security for all or any of the obligations
17    of the Authority.

18        Section 19.  The Authority may construct, acquire by gift
19    or purchase,  reconstruct,  improve,  better  or  extend  any
20    project  within  or  without  the  municipality  or partially
21    within or without the municipality, but in no  event  farther
22    than   3  miles  from  the  territorial  boundaries  of  such
23    municipality, and acquire by gift or purchase lands or rights
24    in land in connection therewith.

25        Section 20.  The Authority shall have  no  power  at  any
26    time or in any manner to pledge the credit or taxing power of
27    the  State  of  Illinois,  or  a  municipality  or  corporate
28    authority or any other unit of local government nor shall any
29    of  its obligations be considered obligations of the State of
30    Illinois, or any other unit of government.
 
HB2601 Engrossed            -22-     LRB093 06778 SJM 06917 b
 1        Section 21.  Within 60 days after the end of each  fiscal
 2    year, the Authority shall cause to be prepared by a certified
 3    public   accountant   a  complete  and  detailed  report  and
 4    financial  statement  of  the  operation   and   assets   and
 5    liabilities  of the Authority.  A sufficient number of copies
 6    of such report shall be prepared for distribution to  persons
 7    interested,  upon  request, and a copy thereof shall be filed
 8    with the Governor and the General Assembly.

 9        Section 22.  The Authority may investigate conditions  in
10    any  project  in which it has an interest.  In the conduct of
11    such investigations the Authority may hold public hearings on
12    its own motion, and shall do so on complaint or  petition  of
13    any person.  Each member of the Authority shall have power to
14    administer   oaths,  and  the  secretary,  by  order  of  the
15    Authority, shall issue subpoenas to secure the attendance and
16    testimony of witnesses,  and  the  production  of  books  and
17    papers,  before the Authority or before any member thereof or
18    any officer or committee appointed by the Authority.
19        In the conduct of any investigation the Authority  shall,
20    at  its  expense,  provide  a  stenographer  to take down all
21    testimony and shall preserve a record  of  such  proceedings.
22    The  notice of hearing, complaint, and all other documents in
23    the nature of pleading and  written  motions  and  orders  of
24    decision of the Authority shall constitute the record of such
25    proceedings.
26        The  Authority  is  not required to testify and record or
27    file any answer, or otherwise respond in any proceedings  for
28    judicial  review  of  an  administrative  decision unless the
29    party asking for review deposits with the clerk of the  court
30    the  sum  of  $1 per page of records representing the cost of
31    such certification.  Failure to make such deposit  is  ground
32    for dismissal of action.
 
HB2601 Engrossed            -23-     LRB093 06778 SJM 06917 b
 1        Section  23.   The  Authority  has  the power to pass all
 2    resolutions and make all rules  and  regulations  proper  and
 3    necessary  to  give effect to the power granted the Authority
 4    under this Act.

 5        Section 24.  All final administrative  decisions  of  the
 6    Authority shall be subject to judicial review pursuant to the
 7    provisions   of   the  Administrative  Review  Law,  and  all
 8    amendments and modifications thereof and  the  rules  adopted
 9    pursuant  thereto.   The  term  "administrative  decision" is
10    defined as in Section 3-101 of the Administrative Review Law.

11        Section 25.  The powers contained in this Act  shall  not
12    be exercised by the Authority:
13        (1)  within  the boundaries of any municipality or within
14    the boundaries of any territory over which a municipality has
15    jurisdiction unless the exercise of those powers therein  has
16    been  approved  by  the  mayor  or  village  president of the
17    municipality; or
18        (2)  within the boundaries of any unincorporated area  of
19    a  township  unless  the exercise of those powers therein has
20    been approved by the supervisor of the township.

21        Section 999.  Effective date.  This Act takes effect upon
22    becoming law.