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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2572
Introduced 1/20/2006, by Sen. Gary G. Dahl SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-74.4-5 |
from Ch. 24, par. 11-74.4-5 |
65 ILCS 5/11-74.4-6 |
from Ch. 24, par. 11-74.4-6 |
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Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Makes changes to the notification procedures for TIF designations. Provides that, prior to setting a date for a public hearing concerning the adoption of a TIF ordinance, a municipality must make available both its redevelopment plan and a separate report setting forth the basis for the eligibility for the redevelopment project (now, the municipality must make either the plan or the separate report available). Requires the municipality to give notice to each affected taxing district of the availability of the redevelopment plan and the separate report at least 3 days before setting the date for the public hearing. Requires that the written report by the board of review contain a statement from a representative from each affected taxing district detailing the estimated impact on that taxing district under the plan. Requires the municipality to submit a copy of the redevelopment plan and the separate report when providing notice of the time and place of the public hearing. Effective immediately.
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A BILL FOR
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SB2572 |
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LRB094 17106 BDD 52392 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Sections 11-74.4-5 and 11-74.4-6 as follows:
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| (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
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| Sec. 11-74.4-5. (a) The changes made by this amendatory Act |
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| of the 91st
General Assembly do not apply to a municipality |
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| that, (i) before the
effective date of this amendatory Act of |
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| the 91st General Assembly,
has adopted an ordinance or |
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| resolution fixing a time and place for a
public hearing under |
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| this Section or (ii) before July 1, 1999, has adopted
an |
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| ordinance or resolution providing for a feasibility study under |
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| Section
11-74.4-4.1, but has not yet adopted an ordinance
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| approving redevelopment plans and redevelopment projects or |
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| designating
redevelopment project areas under Section |
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| 11-74.4-4, until after that
municipality adopts an ordinance
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| approving redevelopment plans and redevelopment projects or |
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| designating
redevelopment project areas under Section |
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| 11-74.4-4; thereafter the changes
made by this amendatory Act |
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| of the 91st General Assembly apply to the same
extent that they |
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| apply to
redevelopment plans and redevelopment projects that |
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| were approved and
redevelopment projects that were designated |
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| before the effective date of this
amendatory Act of the 91st |
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| General Assembly.
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| Prior to the adoption of an ordinance proposing the
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| designation of a redevelopment project area, or approving a
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| redevelopment plan or redevelopment project, the municipality |
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| by its
corporate authorities, or as it may determine by any |
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| commission
designated under subsection (k) of Section |
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| 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time |
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| and place for public hearing.
At least 10 days prior to the |
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LRB094 17106 BDD 52392 b |
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| adoption of the ordinance or resolution
establishing the time
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| and place for the public hearing, the municipality shall make |
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| available for
public inspection a redevelopment plan and
or a |
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| separate report that provides in
reasonable detail the basis |
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| for the eligibility of
the redevelopment project area. Notice |
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| of the availability of the redevelopment plan and separate
The |
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| report along with the name of a
person to
contact for further |
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| information shall be sent within a reasonable time
after the |
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| adoption of such ordinance or resolution to the
affected taxing |
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| districts
by certified mail at least 3 days before the adoption |
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| of the ordinance or resolution establishing the time
and place |
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| for the public hearing .
On and after the effective date of this |
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| amendatory Act of the 91st General
Assembly, the municipality |
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| shall print in a newspaper of general circulation
within the |
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| municipality a notice that interested persons may register with |
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| the
municipality in order to receive information on the |
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| proposed designation of a
redevelopment project area or the |
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| approval of a redevelopment plan. The notice
shall state the |
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| place of registration and the operating hours of that place.
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| The municipality shall have adopted reasonable rules to |
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| implement this
registration process under Section 11-74.4-4.2.
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| The municipality shall provide notice of the availability of |
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| the
redevelopment plan and eligibility report, including how to |
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| obtain this
information, by mail within a reasonable time after |
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| the adoption of the
ordinance or resolution, to all residential |
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| addresses that, after a good faith
effort, the municipality |
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| determines are located outside the proposed
redevelopment |
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| project area and within 750 feet of the
boundaries of the |
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| proposed redevelopment project area. This requirement is
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| subject to the limitation that in a municipality with a |
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| population of over
100,000, if the total number of residential |
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| addresses outside the proposed
redevelopment project area and |
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| within 750 feet of the
boundaries of the proposed redevelopment |
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| project area exceeds 750, the
municipality shall be required to |
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| provide the notice to only the 750
residential addresses that, |
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| after a good faith effort, the municipality
determines are |
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| outside the proposed redevelopment project area and closest
to |
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| the boundaries of the proposed redevelopment project
area.
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| Notwithstanding the foregoing, notice given after August 7, |
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| 2001 (the
effective date of Public Act 92-263) and before the |
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| effective date of this
amendatory Act of the 92nd General |
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| Assembly to residential addresses within 750
feet of the |
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| boundaries of a proposed redevelopment project area shall be |
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| deemed
to have been sufficiently given in compliance with this |
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| Act if given only to
residents outside the boundaries of the |
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| proposed redevelopment project area.
The notice shall also be |
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| provided by the municipality, regardless of its
population, to |
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| those organizations and residents that have registered with the
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| municipality for that information in accordance with the |
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| registration
guidelines established by the municipality under |
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| Section 11-74.4-4.2.
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| At the public hearing any
interested person or affected |
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| taxing district may file with the
municipal clerk written |
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| objections to and may be heard orally in respect
to any issues |
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| embodied in the notice. The municipality shall hear all |
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| protests
and objections at the hearing and the hearing may
be |
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| adjourned to another date without further notice other than a |
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| motion
to be entered upon the minutes fixing the time and place |
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| of the
subsequent hearing.
At the public hearing or at any time |
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| prior to the
adoption by the municipality of an ordinance |
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| approving a redevelopment plan,
the municipality may make |
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| changes in the redevelopment plan. Changes which (1)
add |
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| additional parcels of property to the proposed redevelopment |
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| project area,
(2) substantially affect the general land uses |
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| proposed in the redevelopment
plan, (3) substantially change |
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| the nature of or extend the life of the
redevelopment project,
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| or (4) increase the number of inhabited residential units to be |
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| displaced from the redevelopment project area, as
measured from |
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| the time of creation of the redevelopment project area, to a |
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| total of more than
10,
shall be made only after the
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| municipality gives notice,
convenes a joint review board, and |
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| conducts a public hearing pursuant to the
procedures set forth |
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LRB094 17106 BDD 52392 b |
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| in this Section and in Section 11-74.4-6 of this Act.
Changes |
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| which do not (1) add additional parcels of property to the |
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| proposed
redevelopment project area, (2) substantially affect |
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| the general land uses
proposed in the redevelopment plan, (3) |
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| substantially change the nature of
or extend the life of the |
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| redevelopment project,
or (4) increase the number of inhabited |
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| residential units to be displaced from the redevelopment |
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| project area, as
measured from the time of creation of the |
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| redevelopment project area, to a total
of more than 10,
may be |
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| made without further
hearing, provided that the municipality |
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| shall give notice of any such changes
by mail to each affected |
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| taxing district and registrant on the interested
parties |
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| registry, provided for under Section 11-74.4-4.2, and by |
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| publication in
a newspaper of
general circulation within the |
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| affected taxing district. Such notice by mail
and by |
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| publication shall each occur not later than 10 days following |
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adoption by ordinance of such changes. Hearings with regard |
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| to a redevelopment
project area, project or plan may be held |
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| simultaneously.
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| (b) Prior to holding a public hearing to approve or amend a |
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| redevelopment
plan or to designate or add additional parcels of |
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| property to a redevelopment
project area, the municipality
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| shall convene a joint review board. The board shall consist of |
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| a representative
selected by each community college district, |
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| local elementary school
district and high school district or |
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| each local community unit school
district, park district, |
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| library district, township, fire protection
district, and |
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| county that will have the authority to
directly levy taxes on |
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| the property within the proposed redevelopment
project area at |
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| the time that the proposed redevelopment project area is
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| approved, a representative selected by the municipality and a |
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| public
member. The public member shall first be selected and |
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| then the board's
chairperson shall be selected by
a majority of |
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| the board members present and voting.
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| For redevelopment project areas with redevelopment plans |
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| or proposed
redevelopment plans that would
result in the |
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| displacement of residents from 10 or more inhabited residential
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| units or that include 75 or more inhabited residential units, |
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| the public member
shall be a person who resides in the |
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| redevelopment project area. If, as
determined by the housing |
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| impact study provided for in paragraph (5) of
subsection (n) of |
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| Section 11-74.4-3, or if no housing impact study is required
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| then based on other reasonable data, the majority of |
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| residential units are
occupied by very low, low, or moderate |
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| income households, as defined in Section
3 of the Illinois |
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| Affordable Housing Act, the public member shall be a person
who |
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| resides in very low, low, or moderate income housing within the
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| redevelopment project area. Municipalities with fewer than |
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| 15,000 residents
shall not be required to select a person who |
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| lives in very low, low, or
moderate income housing within the |
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| redevelopment project area, provided that
the redevelopment |
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| plan or project will not result in displacement of residents
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| from 10 or more inhabited units, and the municipality so |
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| certifies
in the plan. If no person satisfying these |
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| requirements is available or if no
qualified person will serve |
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| as the public member, then the joint review board
is relieved |
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| of this paragraph's selection requirements for the public
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| member.
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| Within 90 days of the effective date of this amendatory Act |
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| of the 91st
General Assembly, each municipality that designated |
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| a redevelopment project
area for which it was not required to |
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| convene a joint review board under this
Section shall convene a |
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| joint review board to perform the
duties specified under |
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| paragraph (e) of this Section.
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| All board members shall be appointed and the first board |
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| meeting shall be
held at least 14 days but not more than 28 |
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| days after the
mailing of notice by the
municipality to the |
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| taxing
districts as required by Section 11-74.4-6(c).
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| Notwithstanding the preceding sentence, a municipality that |
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| adopted either a
public hearing resolution or a feasibility |
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| resolution between July 1, 1999 and
July 1, 2000 that called |
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| for the meeting of the joint review board within 14
days of |
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LRB094 17106 BDD 52392 b |
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| notice of public hearing to affected taxing districts is deemed |
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| to be
in compliance with the notice, meeting, and public |
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| hearing provisions of the
Act.
Such notice
shall also advise
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| the taxing bodies represented on the joint review board of the |
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| time and place
of the first meeting of the board. Additional |
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| meetings of the
board shall be held upon the call of any |
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| member. The municipality
seeking designation of the |
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| redevelopment project area shall provide
administrative |
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| support to the board.
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| The board shall review (i) the public record, planning |
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| documents and
proposed ordinances approving the redevelopment |
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| plan and
project and (ii) proposed amendments to the |
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| redevelopment plan or additions
of parcels of property to the |
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| redevelopment project area to be
adopted by the municipality. |
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| As part of its deliberations, the board may
hold additional |
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| hearings on the proposal. A
board's recommendation shall be
an |
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| advisory, non-binding recommendation. The recommendation shall |
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| be adopted
by a majority of those members present and voting. |
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| The recommendations shall
be submitted to the municipality
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| within 30 days after convening of the board.
Failure of the |
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| board to
submit
its report on a timely basis shall not be cause |
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| to delay the public hearing
or any other step in the process of |
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| designating or
amending the
redevelopment project area but |
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| shall be deemed to constitute approval by the
joint review |
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| board of the matters before it.
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| The board shall base its recommendation to approve or |
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| disapprove the
redevelopment plan and the designation of the |
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| redevelopment project area or the
amendment of the |
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| redevelopment plan or addition of parcels of property to the
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| redevelopment project area on the basis of the redevelopment |
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| project area and
redevelopment plan satisfying the
plan |
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| requirements, the eligibility criteria
defined in Section |
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| 11-74.4-3, and the objectives of this Act.
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| The board shall issue a written report describing why the
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| redevelopment plan and project area or the amendment thereof |
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| meets or
fails to meet one or more of the objectives of this |
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| Act and both the plan
requirements and the eligibility criteria |
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| defined in Section 11-74.4-3. The written report must also |
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| include a statement from a representative from each affected |
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| taxing district detailing the estimated impact on that taxing |
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| district under the plan.
In the event the Board does not file a |
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| report it shall be presumed
that these taxing bodies find the |
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| redevelopment project area and
redevelopment plan satisfy the
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| objectives of this Act and the plan requirements and |
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| eligibility criteria.
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| If the board recommends rejection of the matters before it, |
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| the
municipality will have 30 days within which to resubmit the |
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| plan or amendment.
During this period, the municipality will |
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| meet and confer with the board and
attempt to resolve those |
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| issues set forth in the board's written report that
led to the |
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| rejection of the plan or amendment.
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| Notwithstanding the resubmission set forth above, the |
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| municipality may
commence the scheduled public hearing and |
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| either adjourn the public hearing or
continue the public |
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| hearing until a date certain. Prior to continuing any
public |
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| hearing to a date certain, the municipality shall announce |
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| during the
public hearing the time, date, and location for the |
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| reconvening of the public
hearing. Any changes to the |
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| redevelopment plan necessary to satisfy the issues
set forth in |
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| the joint review board report shall be the subject of a public
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| hearing before the hearing is adjourned if the changes would |
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| (1) substantially
affect the general land uses proposed in the |
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| redevelopment plan, (2)
substantially change the nature of or |
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| extend the life of the redevelopment
project, or (3) increase |
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| the number of inhabited residential units to be
displaced from |
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| the redevelopment project area, as
measured from the
time of |
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| creation of the redevelopment project area, to a total of
more |
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| than 10. Changes to the redevelopment plan necessary
to
satisfy |
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| the issues set forth in the joint review board report shall not |
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| require
any further notice or convening of a joint review board |
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| meeting, except that
any changes to the redevelopment plan that |
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| would add additional parcels of
property to the proposed |
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| redevelopment project area shall be subject to the
notice, |
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| public hearing, and joint review board meeting requirements |
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| established
for such changes by subsection (a) of Section |
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| 11-74.4-5.
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| In the event that the
municipality and the board are unable |
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| to resolve these differences, or in the
event that the |
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| resubmitted plan or amendment is rejected by the board, the
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| municipality may proceed with the plan or amendment, but only |
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| upon a
three-fifths vote of the corporate authority responsible |
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| for approval of the
plan or amendment, excluding positions of |
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| members that are vacant and those
members that are ineligible |
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| to vote because of conflicts of interest.
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| (c) After a municipality has by ordinance approved a |
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| redevelopment plan
and designated a redevelopment project |
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| area, the plan may be amended and
additional properties may be |
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| added to the redevelopment project area only as
herein |
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| provided. Amendments which (1) add additional parcels of |
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| property to
the proposed redevelopment project area, (2) |
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| substantially affect the general
land uses proposed in the |
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| redevelopment plan, (3) substantially change the
nature of the |
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| redevelopment project, (4) increase the total estimated
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| redevelopment
project costs set out in the redevelopment plan |
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| by more than 5% after
adjustment for inflation from the date |
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| the plan was adopted, (5) add
additional redevelopment project |
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| costs to the itemized list of redevelopment
project costs set |
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| out in the redevelopment plan, or (6) increase the number of
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| inhabited residential units to be
displaced from the |
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| redevelopment
project area, as measured from the time of |
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| creation of
the
redevelopment project area, to a total of more |
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| than
10, shall be made only after
the
municipality gives |
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| notice, convenes a joint review board, and conducts a public
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| hearing pursuant to the procedures set forth in this Section |
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| and in Section
11-74.4-6 of this Act. Changes which do not (1) |
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| add additional parcels of
property to the proposed |
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| redevelopment project area, (2) substantially affect
the |
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| general land uses proposed in the redevelopment plan, (3) |
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| substantially
change the nature of the redevelopment project, |
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| (4) increase the total
estimated redevelopment project cost set |
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| out in the redevelopment plan by more
than 5% after adjustment |
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| for inflation from the date the plan was adopted,
(5) add |
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| additional redevelopment project costs to the itemized list of
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| redevelopment project costs set out in the redevelopment plan, |
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| or (6) increase
the number of inhabited residential units to be |
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| displaced from the
redevelopment project area, as measured from |
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| the time of
creation of
the redevelopment project area, to a |
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| total of more than 10, may be made
without further public |
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| hearing
and related notices and procedures including the |
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| convening of a joint review
board as set forth in Section |
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| 11-74.4-6 of this Act, provided that the
municipality shall |
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| give notice of
any such changes by mail to each affected taxing |
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| district and registrant on the
interested parties registry, |
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| provided for under Section 11-74.4-4.2, and by
publication in
a |
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| newspaper of general circulation within the affected taxing |
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| district. Such
notice by mail and by publication shall each |
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| occur not later than 10 days
following the adoption by |
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| ordinance of such changes.
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| (d) After the effective date of this amendatory Act of the |
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| 91st General
Assembly, a
municipality shall submit the
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| following information for each redevelopment project area (i) |
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| to the State
Comptroller under Section 8-8-3.5 of the Illinois |
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| Municipal Code
and (ii) to all taxing districts overlapping the
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| redevelopment project area no later than 180
days after the |
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| close of each municipal fiscal year or as soon thereafter as
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| the audited financial
statements become available and, in any |
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| case, shall be submitted before the
annual meeting of the Joint |
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| Review Board to each of the taxing districts that
overlap the |
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| redevelopment project area:
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| (1) Any amendments to the redevelopment plan, the |
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| redevelopment
project area, or the State Sales Tax |
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| Boundary.
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| (1.5) A list of the redevelopment project areas |
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| administered by the
municipality and, if applicable, the |
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LRB094 17106 BDD 52392 b |
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| date each redevelopment project area was
designated or |
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| terminated by the municipality.
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| (2) Audited financial statements of the special tax |
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| allocation fund once a
cumulative total of $100,000 has |
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| been deposited in the fund.
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| (3) Certification of the Chief Executive Officer of the |
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| municipality
that the municipality has complied with all of |
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| the requirements of this Act
during the preceding fiscal |
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| year.
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| (4) An opinion of legal counsel that the municipality |
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| is in compliance
with this Act.
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| (5) An analysis of the special tax allocation fund |
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| which sets forth:
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| (A) the balance in the special tax allocation fund |
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| at the beginning of
the fiscal year;
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| (B) all amounts deposited in the special tax |
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| allocation fund by source;
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| (C) an itemized list of all expenditures from the |
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| special tax
allocation fund by category of
permissible |
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| redevelopment project cost; and
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| (D) the balance in the special tax allocation fund |
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| at the end of the
fiscal year including a breakdown of |
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| that balance by source and a breakdown
of that balance |
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| identifying any portion of the balance that is |
25 |
| required,
pledged, earmarked, or otherwise designated |
26 |
| for payment of or securing of
obligations and |
27 |
| anticipated redevelopment project costs. Any portion |
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| of
such ending balance that has not been identified or |
29 |
| is not identified as
being
required, pledged, |
30 |
| earmarked, or otherwise designated for payment of or
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| securing of obligations or anticipated redevelopment |
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| projects costs
shall be designated as surplus as set |
33 |
| forth in Section
11-74.4-7 hereof.
|
34 |
| (6) A description of all property purchased by the |
35 |
| municipality within
the redevelopment project area |
36 |
| including:
|
|
|
|
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|
1 |
| (A) Street address.
|
2 |
| (B) Approximate size or description of property.
|
3 |
| (C) Purchase price.
|
4 |
| (D) Seller of property.
|
5 |
| (7) A statement setting forth all activities |
6 |
| undertaken in furtherance
of the objectives of the |
7 |
| redevelopment plan, including:
|
8 |
| (A) Any project implemented in the preceding |
9 |
| fiscal year.
|
10 |
| (B) A description of the redevelopment activities |
11 |
| undertaken.
|
12 |
| (C) A description of any agreements entered into by |
13 |
| the municipality
with
regard to the disposition or |
14 |
| redevelopment of any property within the
redevelopment |
15 |
| project area or the area within the State Sales Tax |
16 |
| Boundary.
|
17 |
| (D) Additional information on the use of all funds |
18 |
| received under this
Division and steps taken by the
|
19 |
| municipality to achieve the objectives of the |
20 |
| redevelopment plan.
|
21 |
| (E) Information regarding contracts that the |
22 |
| municipality's tax
increment advisors or consultants |
23 |
| have entered into with entities or persons
that have |
24 |
| received, or are receiving, payments financed by tax |
25 |
| increment
revenues produced by the same redevelopment |
26 |
| project area.
|
27 |
| (F) Any reports submitted to the municipality by |
28 |
| the joint review board.
|
29 |
| (G) A review of public and, to the extent possible, |
30 |
| private investment
actually undertaken to date after |
31 |
| the effective date of this amendatory Act of
the 91st |
32 |
| General Assembly and estimated to be undertaken during |
33 |
| the following
year. This review shall, on a |
34 |
| project-by-project basis, set forth the
estimated |
35 |
| amounts of public and private investment incurred |
36 |
| after the effective
date of this amendatory Act of the |
|
|
|
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|
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| 91st General Assembly and provide the ratio
of private |
2 |
| investment to public investment to the date of the |
3 |
| report and as
estimated to the completion of the |
4 |
| redevelopment project.
|
5 |
| (8) With regard to any obligations issued by the |
6 |
| municipality:
|
7 |
| (A) copies of any official statements; and
|
8 |
| (B) an analysis prepared by financial advisor or |
9 |
| underwriter setting
forth: (i) nature and term of |
10 |
| obligation; and (ii) projected debt service
including |
11 |
| required reserves and debt coverage.
|
12 |
| (9) For special tax allocation funds that have |
13 |
| experienced cumulative
deposits of incremental tax |
14 |
| revenues of $100,000 or more, a certified audit
report |
15 |
| reviewing compliance
with this Act
performed by an |
16 |
| independent public accountant certified and licensed by |
17 |
| the
authority of the State of Illinois. The financial |
18 |
| portion of the audit
must be conducted in accordance with |
19 |
| Standards for Audits of Governmental
Organizations, |
20 |
| Programs, Activities, and Functions adopted by the
|
21 |
| Comptroller General of the United States (1981), as |
22 |
| amended, or the standards
specified by Section 8-8-5 of the |
23 |
| Illinois Municipal Auditing Law of the
Illinois Municipal |
24 |
| Code. The audit
report shall contain a letter from the |
25 |
| independent certified public accountant
indicating |
26 |
| compliance or noncompliance with the requirements
of |
27 |
| subsection (q) of Section 11-74.4-3. For redevelopment |
28 |
| plans or
projects that would result in the displacement of |
29 |
| residents from 10 or more
inhabited residential units or |
30 |
| that contain 75 or more inhabited residential
units, notice |
31 |
| of the availability of the information, including how to |
32 |
| obtain
the report, required in this subsection shall also |
33 |
| be sent by mail to all
residents or organizations that |
34 |
| operate in the municipality that register with
the |
35 |
| municipality for that information according to |
36 |
| registration procedures
adopted under Section 11-74.4-4.2. |
|
|
|
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|
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| All municipalities are subject to this
provision.
|
2 |
| (d-1) Prior to the effective date of this amendatory Act of |
3 |
| the 91st
General Assembly, municipalities with populations of |
4 |
| over 1,000,000 shall,
after
adoption of a redevelopment plan or |
5 |
| project, make available upon request to any
taxing district in |
6 |
| which the redevelopment project area is located the
following |
7 |
| information:
|
8 |
| (1) Any amendments to the redevelopment plan, the |
9 |
| redevelopment project
area, or the State Sales Tax |
10 |
| Boundary; and
|
11 |
| (2) In connection with any redevelopment project area |
12 |
| for which the
municipality has outstanding obligations |
13 |
| issued to provide for redevelopment
project costs pursuant |
14 |
| to Section 11-74.4-7, audited financial statements of
the |
15 |
| special tax allocation fund.
|
16 |
| (e) The joint review board shall meet annually 180 days
|
17 |
| after the close of the municipal fiscal year or as soon as the |
18 |
| redevelopment
project audit for that fiscal year becomes |
19 |
| available to review the
effectiveness and status of the |
20 |
| redevelopment project area up to that date.
|
21 |
| (f) (Blank).
|
22 |
| (g) In the event that a municipality has held a public |
23 |
| hearing under this
Section prior to March 14, 1994 (the |
24 |
| effective date of Public Act 88-537), the
requirements imposed |
25 |
| by Public Act 88-537 relating to the method of fixing the
time |
26 |
| and place for public hearing, the materials and information |
27 |
| required to be
made available for public inspection, and the |
28 |
| information required to be sent
after adoption of an ordinance |
29 |
| or resolution fixing a time and place for public
hearing shall |
30 |
| not be applicable.
|
31 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99; |
32 |
| 91-900, eff.
7-6-00; 92-263, eff. 8-7-01; 92-624, eff. |
33 |
| 7-11-02.)
|
34 |
| (65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
|
35 |
| Sec. 11-74.4-6. (a) Except as provided herein, notice of |
|
|
|
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|
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| the public hearing
shall be given by publication and mailing. |
2 |
| Notice by publication
shall be given by publication at least |
3 |
| twice, the first publication to be
not more than 30 nor less |
4 |
| than 10 days prior to the hearing in a newspaper
of general |
5 |
| circulation within the taxing districts having property in the
|
6 |
| proposed redevelopment project area. Notice by mailing shall be |
7 |
| given by
depositing such notice in the United States mails by |
8 |
| certified mail
addressed to the person or persons in whose name |
9 |
| the general taxes for the
last preceding year were paid on each |
10 |
| lot, block, tract, or parcel of land
lying within the project |
11 |
| redevelopment area. Said notice shall be mailed
not less than |
12 |
| 10 days prior to the date set for the public hearing. In the
|
13 |
| event taxes for the last preceding year were not paid, the |
14 |
| notice shall
also be sent to the persons last listed on the tax |
15 |
| rolls within the
preceding 3 years as the owners of such |
16 |
| property.
For redevelopment project areas with redevelopment |
17 |
| plans or proposed
redevelopment plans that would require |
18 |
| removal of 10 or more inhabited
residential
units or that |
19 |
| contain 75 or more inhabited residential units, the |
20 |
| municipality
shall make a good faith effort to notify by mail |
21 |
| all
residents of
the redevelopment project area. At a minimum, |
22 |
| the municipality shall mail a
notice
to each residential |
23 |
| address located within the redevelopment project area. The
|
24 |
| municipality shall endeavor to ensure that all such notices are |
25 |
| effectively
communicated and shall include (in addition to |
26 |
| notice in English) notice in
the predominant language
other |
27 |
| than English when appropriate.
|
28 |
| (b) The notices issued pursuant to this Section shall |
29 |
| include the following:
|
30 |
| (1) The time and place of public hearing;
|
31 |
| (2) The boundaries of the proposed redevelopment |
32 |
| project area by legal
description and by street location |
33 |
| where possible;
|
34 |
| (3) A notification that all interested persons will be |
35 |
| given an
opportunity to be heard at the public hearing;
|
36 |
| (4) A description of the redevelopment plan or |
|
|
|
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LRB094 17106 BDD 52392 b |
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|
1 |
| redevelopment project
for the proposed redevelopment |
2 |
| project area if a plan or project is the
subject matter of |
3 |
| the hearing.
|
4 |
| (5) Such other matters as the municipality may deem |
5 |
| appropriate.
|
6 |
| (c) Not less than 45 days prior to the date set for |
7 |
| hearing, the
municipality shall give notice by mail as provided |
8 |
| in subsection (a) to all
taxing districts of which taxable |
9 |
| property is included in the redevelopment
project area, project |
10 |
| or plan and to the Department of Commerce and
Economic |
11 |
| Opportunity
Community Affairs , and in addition to the other |
12 |
| requirements under
subsection (b) the notice shall include an |
13 |
| invitation to the Department of
Commerce and Economic |
14 |
| Opportunity
Community Affairs and each taxing district to |
15 |
| submit comments
to the municipality concerning the subject |
16 |
| matter of the hearing prior to
the date of hearing. |
17 |
| Additionally, the notice required under this subsection (c) |
18 |
| must include a copy of the redevelopment plan and the separate |
19 |
| report setting forth the basis for the eligibility of
the |
20 |
| redevelopment project area under subsection (a) of Section |
21 |
| 11-74.4-5.
|
22 |
| (d) In the event that any municipality has by ordinance |
23 |
| adopted tax
increment financing prior to 1987, and has complied |
24 |
| with the notice
requirements of this Section, except that the |
25 |
| notice has not included the
requirements of subsection (b), |
26 |
| paragraphs (2), (3) and (4), and within 90
days of the |
27 |
| effective date of this amendatory Act of 1991, that
|
28 |
| municipality passes an ordinance which contains findings that: |
29 |
| (1) all taxing
districts prior to the time of the hearing |
30 |
| required by Section 11-74.4-5
were furnished with copies of a |
31 |
| map incorporated into the redevelopment
plan and project |
32 |
| substantially showing the legal boundaries of the
|
33 |
| redevelopment project area; (2) the redevelopment plan and |
34 |
| project, or a
draft thereof, contained a map substantially |
35 |
| showing the legal boundaries
of the redevelopment project area |
36 |
| and was available to the public at the
time of the hearing; and |
|
|
|
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LRB094 17106 BDD 52392 b |
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|
1 |
| (3) since the adoption of any form of tax
increment financing |
2 |
| authorized by this Act, and prior to June 1, 1991, no
objection |
3 |
| or challenge has been made in writing to the municipality in
|
4 |
| respect to the notices required by this Section, then the |
5 |
| municipality
shall be deemed to have met the notice |
6 |
| requirements of this Act and all
actions of the municipality |
7 |
| taken in connection with such notices as were
given are hereby |
8 |
| validated and hereby declared to be legally sufficient for
all |
9 |
| purposes of this Act.
|
10 |
| (e) If a municipality desires to propose a redevelopment
|
11 |
| plan
for a redevelopment project area that
would result in the |
12 |
| displacement of residents from
10 or more inhabited residential |
13 |
| units or for a redevelopment project area that
contains 75 or |
14 |
| more inhabited residential units, the
municipality
shall hold a |
15 |
| public meeting before the mailing of the notices of public |
16 |
| hearing
as
provided in subsection (c) of this Section. The |
17 |
| meeting shall be for the
purpose of
enabling the municipality |
18 |
| to advise the public, taxing districts having real
property in
|
19 |
| the redevelopment project area, taxpayers who own property in |
20 |
| the proposed
redevelopment project area, and residents in the |
21 |
| area as to the
municipality's possible intent to prepare a |
22 |
| redevelopment plan and
designate a
redevelopment project area |
23 |
| and to receive public comment.
The time and place for the |
24 |
| meeting shall be set by the head of the
municipality's
|
25 |
| Department of Planning or other department official designated |
26 |
| by the mayor or
city
or village manager without the necessity |
27 |
| of a resolution or ordinance of the
municipality and may be |
28 |
| held by a member of the staff of the Department of
Planning of |
29 |
| the municipality or by any other person, body, or commission
|
30 |
| designated by the corporate authorities. The meeting shall be |
31 |
| held at
least 14 business
days before the mailing of the notice |
32 |
| of public hearing provided for in
subsection (c)
of this |
33 |
| Section.
|
34 |
| Notice of the public meeting shall be given by mail. Notice |
35 |
| by mail shall be
not less than 15 days before the date of the |
36 |
| meeting and shall be sent by
certified
mail to all taxing |
|
|
|
SB2572 |
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LRB094 17106 BDD 52392 b |
|
|
1 |
| districts having real property in the proposed redevelopment
|
2 |
| project area and to all entities requesting that information |
3 |
| that have
registered with a person and department designated by |
4 |
| the municipality in
accordance with registration guidelines |
5 |
| established by the
municipality pursuant to Section |
6 |
| 11-74.4-4.2. The
municipality shall make a good faith effort to |
7 |
| notify all residents and the
last known persons who paid
|
8 |
| property taxes on real estate in a redevelopment project area. |
9 |
| This
requirement
shall be deemed to be satisfied if the |
10 |
| municipality mails, by regular mail, a
notice to
each |
11 |
| residential address and the person or persons in whose name |
12 |
| property taxes
were paid on real property for the last |
13 |
| preceding year located within the
redevelopment project area. |
14 |
| Notice shall be in languages other than English
when
|
15 |
| appropriate. The notices issued under this subsection shall |
16 |
| include the
following:
|
17 |
| (1) The time and place of the meeting.
|
18 |
| (2) The boundaries of the area to be studied for |
19 |
| possible designation
as a redevelopment project area by |
20 |
| street and location.
|
21 |
| (3) The purpose or purposes of establishing a |
22 |
| redevelopment project
area.
|
23 |
| (4) A brief description of tax increment financing.
|
24 |
| (5) The name, telephone number, and address of the |
25 |
| person who can
be contacted for additional information |
26 |
| about the proposed
redevelopment project area and who |
27 |
| should receive all comments
and suggestions regarding the |
28 |
| development of the area to be
studied.
|
29 |
| (6) Notification that all interested persons will be |
30 |
| given an opportunity
to be heard at the public meeting.
|
31 |
| (7) Such other matters as the municipality deems |
32 |
| appropriate.
|
33 |
| At the public meeting, any interested person or |
34 |
| representative of an affected
taxing district
may be heard |
35 |
| orally and may file, with the person conducting the
meeting, |
36 |
| statements that pertain to the subject matter of the meeting.
|