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1 | AN ACT in relation to East St. Louis Area economic | ||||||||||||||||||||||||
2 | development.
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3 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
4 | represented in the General Assembly:
| ||||||||||||||||||||||||
5 | Section 1. Short title. This Act may be cited as the East | ||||||||||||||||||||||||
6 | St. Louis Area Development Act
of 2007.
| ||||||||||||||||||||||||
7 | Section 2. The General Assembly finds that there has been a | ||||||||||||||||||||||||
8 | dramatic
decrease
in the population of depressed areas in East | ||||||||||||||||||||||||
9 | St. Louis and that blight,
deterioration and decay have | ||||||||||||||||||||||||
10 | resulted in (a) inefficient and wasteful use
of land resources; | ||||||||||||||||||||||||
11 | (b) destruction of irreplaceable natural, industrial,
| ||||||||||||||||||||||||
12 | recreational, housing and commercial resources; (c) diminished | ||||||||||||||||||||||||
13 | opportunity
for the private home building industry to operate | ||||||||||||||||||||||||
14 | at its highest potential
capacity in providing good housing | ||||||||||||||||||||||||
15 | needed for those who now live in depressed
areas and those | ||||||||||||||||||||||||
16 | expected to move to depressed areas in the future, and to
| ||||||||||||||||||||||||
17 | replace substandard housing; (d) the need for costly and | ||||||||||||||||||||||||
18 | effective public
facilities and services at all levels; (e) | ||||||||||||||||||||||||
19 | unduly limited options for many
depressed areas residents
as to | ||||||||||||||||||||||||
20 | where they may live, and the types of housing and environment | ||||||||||||||||||||||||
21 | in which
they may live; (f) a failure to make the most | ||||||||||||||||||||||||
22 | economical use of the land
available for development in | ||||||||||||||||||||||||
23 | depressed areas; (g) decreasing employment
and business |
| |||||||
| |||||||
1 | opportunities for the citizens of depressed areas, and the
| ||||||
2 | inability of depressed areas to retain a tax base adequate to | ||||||
3 | support vital
services for all our citizens, particularly our | ||||||
4 | poor and disadvantaged;
and (h) the decreased effectiveness of | ||||||
5 | public and private facilities for
urban transportation.
| ||||||
6 | Section 2.01. The General Assembly finds that better | ||||||
7 | patterns of development
and revitalization in the East St. | ||||||
8 | Louis depressed areas are essential to
accommodate future | ||||||
9 | population growth; to prevent further deterioration of
the city | ||||||
10 | and the people's physical and social environment; and to make a
| ||||||
11 | positive contribution to improving the overall quality of life | ||||||
12 | in the East
St. Louis depressed areas of Illinois. The General | ||||||
13 | Assembly finds that
the health, welfare, morals and safety of | ||||||
14 | its citizens require the
encouragement
of well planned, | ||||||
15 | diversified and economically sound community development,
| ||||||
16 | including major additions to existing areas of depression. The | ||||||
17 | General
Assembly finds that desirable community development on | ||||||
18 | a significantly large
scale has been prevented by difficulties | ||||||
19 | in (a) obtaining adequate financing
at moderate cost for | ||||||
20 | enterprises which involve
large initial capital investment, | ||||||
21 | extensive periods before investment can
be returned, and | ||||||
22 | regular patterns of return; (b) the timely assembly of
| ||||||
23 | sufficiently large sites in economically favorable locations | ||||||
24 | at reasonable
costs; and (c) making necessary arrangements | ||||||
25 | among all private and public
organizations involved, for |
| |||||||
| |||||||
1 | providing site and related improvements (including
streets, | ||||||
2 | sewer and water facilities, and other public and community | ||||||
3 | facilities)
in a timely and coordinated manner.
| ||||||
4 | Section 3. The following terms specified in Sections 3.01 | ||||||
5 | through 3.08,
whenever used or referred to in this Act, shall | ||||||
6 | have the meanings ascribed
to them in those Sections, except in | ||||||
7 | those instances where the context clearly
indicates otherwise.
| ||||||
8 | Section 3.01. "Authority" means the East St. Louis Area | ||||||
9 | Development
Authority
created by this Act.
| ||||||
10 | Section 3.02. "Project" means any utility, structure, | ||||||
11 | facility or other
undertaking which will implement a defined, | ||||||
12 | organized, planned and scheduled,
diversified, economically | ||||||
13 | and technologically sound, quality community
environment,
| ||||||
14 | which the authority is authorized to construct, reconstruct, | ||||||
15 | improve, equip
or furnish under this Act. "Project" will | ||||||
16 | include, but is not limited to:
buildings and other facilities | ||||||
17 | intended for use as classrooms, laboratories,
student | ||||||
18 | residence halls, instructional and administrative facilities | ||||||
19 | for
students, faculty, officers and employees, and motor | ||||||
20 | vehicle parking facilities
and fixed equipment, and industrial | ||||||
21 | or manufacturing plants or facilities,
any industrial park, any | ||||||
22 | commercial facilities, the construction or improvement
of | ||||||
23 | streets, sidewalks, and sewer and water facilities, the |
| |||||||
| |||||||
1 | construction
of schools, parks, playgrounds, community and | ||||||
2 | municipal buildings and the
implementation of new community | ||||||
3 | development programs. "Project" further
means apartments, | ||||||
4 | housing facilities, health, hospital and medical facilities,
| ||||||
5 | stadiums, physical education installations, hotels, motels, | ||||||
6 | dormitories,
New Town Programs, aquariums, museums, convention | ||||||
7 | centers, planetariums,
civic buildings, nursing homes, | ||||||
8 | harbors, and terminal facilities.
Nothing in this Act shall be | ||||||
9 | construed to
authorize the financing for or the construction
of | ||||||
10 | plants, projects or facilities for (1) the
manufacture or | ||||||
11 | generation of electric energy
in competition with an electric | ||||||
12 | supplier as
defined in the Electric Supplier Act or (2)
the | ||||||
13 | transmission, distribution or manufacture
of gas in | ||||||
14 | competition with a public utility
as defined in "An Act | ||||||
15 | concerning public utilities",
approved June 29, 1921, as | ||||||
16 | amended.
| ||||||
17 | Section 3.03. "Land development" means the process of | ||||||
18 | clearing and grading
land, making, installing, or constructing | ||||||
19 | water lines and water supply
installations,
sewer lines and | ||||||
20 | sewage disposal installations, steam, gas, and electrical
| ||||||
21 | plants and installations, roads, streets, curbs, gutters, | ||||||
22 | sidewalks, storm
drainage facilities, and other installations | ||||||
23 | or work, whether on or off
the site, which the Authority deems | ||||||
24 | necessary or desirable to prepare land
for residential, | ||||||
25 | commercial, industrial, or other uses, or in providing
|
| |||||||
| |||||||
1 | facilities for public or other facilities.
| ||||||
2 | "Land development" further means to construct, acquire by | ||||||
3 | gift or purchase,
reconstruct, improve, better or extend any | ||||||
4 | project within or without the
municipality or partially within | ||||||
5 | the municipality, but in no event farther
than 3 miles from the | ||||||
6 | territorial boundaries of such municipality, and
to acquire by | ||||||
7 | gift or purchase lands or rights in land in connection | ||||||
8 | therewith.
| ||||||
9 | Section 3.04. "Blighted area" means any area of not less, | ||||||
10 | in the aggregate,
than 2 acres located within the territorial | ||||||
11 | limits of the East St. Louis
depressed areas where industrial, | ||||||
12 | commercial, recreational, residential,
or any other buildings | ||||||
13 | or improvements, because of age, dilapidation,
obsolescence, | ||||||
14 | overcrowding, lack of ventilation, light, sanitary facilities,
| ||||||
15 | adequate utilities, or excessive land coverage, deleterious | ||||||
16 | land use or
layout or any combination of these factors, are | ||||||
17 | detrimental to the public
safety, health, morals or welfare.
| ||||||
18 | Section 3.05. "Redevelopment plan" means the comprehensive | ||||||
19 | process for
the clearing or rehabilitation and physical | ||||||
20 | development of a commercial,
residential, industrial or | ||||||
21 | recreational blighted area, and necessary for the
elimination | ||||||
22 | or rehabilitation of a residential, commercial, or | ||||||
23 | industrially
blighted area and the protection of adjacent | ||||||
24 | areas, and all administrative,
funding and financial details |
| |||||||
| |||||||
1 | and proposals necessary to effectuate the
plan, including but | ||||||
2 | not limited to a new community development program.
| ||||||
3 | Section 3.06. "Redevelopment area" means the blighted area | ||||||
4 | of not less
in the aggregate than 2 acres, to be developed in | ||||||
5 | accordance with the
redevelopment
plan.
| ||||||
6 | Section 3.07. "East St. Louis Depressed Areas" means the | ||||||
7 | territorial
areas of East St. Louis, Alorton, Venice, | ||||||
8 | Centreville, Washington Park, and
Brooklyn, Illinois.
| ||||||
9 | Section 3.08. "Depressed Areas" means the areas of East St. | ||||||
10 | Louis, Alorton,
Venice, Centreville, Washington Park, and | ||||||
11 | Brooklyn, Illinois.
| ||||||
12 | Section 4. There is created an East St. Louis Area | ||||||
13 | Development
Authority within the State of Illinois. The | ||||||
14 | Authority shall:
(a) act as Public Developer in carrying out | ||||||
15 | community development programs
in and for the East St. Louis | ||||||
16 | depressed areas of the State of Illinois;
(b) make available | ||||||
17 | adequate management, administrative and technical,
financial,
| ||||||
18 | and other assistance necessary for encouraging the defined, | ||||||
19 | organized, planned
and
scheduled, diversified, economically | ||||||
20 | and technologically sound, quality
community environment in | ||||||
21 | depressed areas, and to do so through the use
of management | ||||||
22 | task force procedures which will rely to the maximum extent
on |
| |||||||
| |||||||
1 | private enterprise; (c) strengthen the capacity of the State | ||||||
2 | and Federal
governments to make their resources available to | ||||||
3 | the people of East St.
Louis depressed areas; (d) increase for | ||||||
4 | all persons living in depressed areas
the available choices of | ||||||
5 | locations for living and working, thereby providing
a more just | ||||||
6 | economic and social environment; (e) encourage the fullest
| ||||||
7 | utilization of
the economic potential of supply of residential, | ||||||
8 | commercial and industrial
building sites at reasonable costs; | ||||||
9 | (f) utilize improved technology in
producing
the large volume | ||||||
10 | of well-designed housing needed to accommodate the people
of | ||||||
11 | depressed areas; (g) help create neighborhoods designed for | ||||||
12 | easier access
between the places where people live and the | ||||||
13 | place where they work and find
recreation; (h) encourage | ||||||
14 | desirable innovations in meeting domestic problems
whether | ||||||
15 | physical, economical or social; and (i) assist, plan, develop,
| ||||||
16 | build and construct any facility or project to enhance the | ||||||
17 | community
environment
and technological management when | ||||||
18 | requested to do so by any State, county or
federal agency, | ||||||
19 | school district, community college, municipality, municipal
| ||||||
20 | corporation, special district, authority, local or State | ||||||
21 | public body,
commission,
public corporation or entity within | ||||||
22 | the East St. Louis depressed area.
| ||||||
23 | Section 5. The Authority shall consist of 10 members, | ||||||
24 | including as members
the Director of the Department of Commerce | ||||||
25 | and Economic Opportunity or his
designee, the Director of the |
| |||||||
| |||||||
1 | Illinois Housing Development Authority or his
designee, the | ||||||
2 | Executive Director of the Illinois Development Finance
| ||||||
3 | Authority or his designee, and the mayors of East St. Louis, | ||||||
4 | Centreville,
Venice, Brooklyn, Washington Park, and Alorton or | ||||||
5 | their respective designees.
The other
member of the Authority | ||||||
6 | shall be appointed by the Governor, by and with the
advice and | ||||||
7 | consent of the Senate. One member of the authority shall be
| ||||||
8 | designated as chairman by the members of the Authority.
| ||||||
9 | If the Senate is not in session when the appointment is | ||||||
10 | made,
the Governor shall make a temporary appointment as in the | ||||||
11 | case of a
vacancy. The member appointed by the Governor shall | ||||||
12 | serve for a 4-year term
expiring on the third Monday in January | ||||||
13 | or until his successor is appointed
and qualified. Any vacancy | ||||||
14 | occurring in the office held by the member
appointed by the | ||||||
15 | Governor, whether by death, resignation or otherwise,
shall be | ||||||
16 | filled by the Governor in the same manner as the original
| ||||||
17 | appointment. A member appointed to fill a vacancy shall serve | ||||||
18 | for the
remainder of the unexpired term or until his successor | ||||||
19 | is appointed
and qualified.
| ||||||
20 | Section 6. Members of the Authority shall serve without | ||||||
21 | compensation but
shall
be
reimbursed for their reasonable | ||||||
22 | expenses necessarily incurred in the
performance of their | ||||||
23 | duties and the exercise of their powers under this
Act. Each | ||||||
24 | member shall before entering upon the duties of his office,
| ||||||
25 | take and subscribe to the constitutional oath of office. The |
| |||||||
| |||||||
1 | oath shall be
filed in the office of the
Secretary of State.
| ||||||
2 | Section 7. The Authority shall meet at such times and | ||||||
3 | places as is provided
for by
the Authority or, in the absence | ||||||
4 | of such a provision, on call of the
chairman after at least 5 | ||||||
5 | days' written notice to the members or
the request of 2 or more | ||||||
6 | members. Six members shall constitute a quorum. No
vacancy in | ||||||
7 | the membership shall impair the right of a quorum of the
| ||||||
8 | members to exercise all of the rights and powers, and to | ||||||
9 | perform all of
the duties, of the Authority.
| ||||||
10 | Section 8. The Authority may employ and fix the | ||||||
11 | compensation of an executive
director, to serve as the chief | ||||||
12 | executive officer of the Authority, and such
other agents or | ||||||
13 | employees as it considers necessary or desirable. Such
| ||||||
14 | employment other than of technical or engineering personnel | ||||||
15 | shall be
subject to the Personnel Code. If any employees are | ||||||
16 | transferred to the
Authority from any other State agency, such | ||||||
17 | a transfer shall not affect the
status of such employees under | ||||||
18 | the Personnel Code, under any retirement
system under the | ||||||
19 | Illinois Pension Code, or under any civil service,
merit | ||||||
20 | service or other law relating to State employment.
| ||||||
21 | Section 9. The Authority has the following rights, powers | ||||||
22 | and duties
specified
in Sections 9.01 through 9.25.
|
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| |||||||
1 | Section 9.01. To sue and be sued, implead and be impleaded, | ||||||
2 | complain and
defend in all courts.
| ||||||
3 | Section 9.02. To make regulations for the management and | ||||||
4 | regulation
of its affairs.
| ||||||
5 | Section 9.03. To acquire by purchase or gift, and hold or | ||||||
6 | dispose of real
or personal property, or rights or interests
| ||||||
7 | therein.
| ||||||
8 | Section 9.04. To accept loans or grants of money or | ||||||
9 | materials or property
of any kind from a Federal or State | ||||||
10 | agency or department or others, upon
such terms and conditions | ||||||
11 | as may be imposed.
| ||||||
12 | Section 9.05. To borrow money to implement any project, or | ||||||
13 | any combination
of projects.
| ||||||
14 | Section 9.06. To recommend the issuance of revenue bonds to | ||||||
15 | implement
any project or combination of projects.
| ||||||
16 | Section 9.07. To make contracts and leases and exercise all | ||||||
17 | instruments
and perform all acts and do all things necessary or | ||||||
18 | convenient to carry
out the powers granted in this Act.
| ||||||
19 | Section 9.08. To develop and recommend to the |
| |||||||
| |||||||
1 | municipalities in the East
St. Louis depressed areas a long | ||||||
2 | range comprehensive master redevelopment
plan for community | ||||||
3 | growth and development of depressed areas including
assisting | ||||||
4 | in the preparation
of new town applications to the Department | ||||||
5 | of Housing and Urban Development.
| ||||||
6 | Section 9.09. To collect, analyze and evaluate such | ||||||
7 | statistics, data and
other information (including demographic, | ||||||
8 | economic, social, environmental
and governmental information) | ||||||
9 | as will enable the Authority to transmit to
the corporate | ||||||
10 | authorities within the East St. Louis depressed areas, at
the | ||||||
11 | beginning of each year, a required report on the growth of | ||||||
12 | depressed
areas for the year passed. Such report shall include, | ||||||
13 | but not be limited to:
| ||||||
14 | (a) Information and statistics describing characteristics | ||||||
15 | of depressed
areas growth and stabilization and identifying | ||||||
16 | significant trends and
developments;
| ||||||
17 | (b) A summary of significant problems facing depressed | ||||||
18 | areas as to their
growth trends and development;
| ||||||
19 | (c) An evaluation of the progress and effectiveness of | ||||||
20 | Federal, State,
and local programs designed to meet such | ||||||
21 | problems and development and to
carry out the depressed areas | ||||||
22 | urban growth policies;
| ||||||
23 | (d) An assessment of the policies and structures of | ||||||
24 | existing and proposed
interstate and regional planning and | ||||||
25 | development affecting such policy; and
|
| |||||||
| |||||||
1 | (e) A review of State, Federal, local and private policies, | ||||||
2 | plans and
programs relevant to such policy.
| ||||||
3 | Section 9.10. To lease or rent any of the housing or other | ||||||
4 | accommodations
or any of the lands, buildings, structures or | ||||||
5 | facilities in which the
Authority
holds fee simple or lesser | ||||||
6 | interest, and to
otherwise sell, exchange, transfer, or assign,
| ||||||
7 | any property, real or personal or any interest therein,
and to | ||||||
8 | own, hold,
clear and improve property.
| ||||||
9 | Section 9.11. To acquire by purchase, gift or otherwise
as | ||||||
10 | provided in this Act the fee simple or lesser title to all or | ||||||
11 | any part
of the real property in any redevelopment area.
| ||||||
12 | Section 9.12. To renovate or rehabilitate any structure or | ||||||
13 | building
acquired,
or if any structure or building or the land | ||||||
14 | supporting it has been acquired,
to permit the owner to | ||||||
15 | renovate or rebuild the structure or building in
accordance | ||||||
16 | with a redevelopment plan.
| ||||||
17 | Section 9.13. To install, repair, construct, reconstruct | ||||||
18 | or relocate
streets,
roads, alleys, sidewalks, utilities and | ||||||
19 | site improvements essential to the
preparation of the | ||||||
20 | redevelopment area for use in accordance with a
redevelopment | ||||||
21 | plan.
|
| |||||||
| |||||||
1 | Section 9.14. To mortgage or convey real or personal | ||||||
2 | property acquired
for use in accordance with a redevelopment | ||||||
3 | plan.
| ||||||
4 | Section 9.15. To borrow money, apply for and accept | ||||||
5 | advances, loans, gifts,
grants, contributions, services or | ||||||
6 | other financial assistance from the federal
government or any | ||||||
7 | agency or instrumentality thereof, the State, county,
| ||||||
8 | municipality or other public body or from any source, public or | ||||||
9 | private,
for or in aid of any of the purposes of the | ||||||
10 | redevelopment plan, and to secure
the payment of any loans or | ||||||
11 | advances by the issuance of revenue bonds and
by the pledge of | ||||||
12 | any loan, grant or contribution, or parts thereof, or the
| ||||||
13 | contracts therefore, to be received from the federal government | ||||||
14 | or any agency
or instrumentality thereof, and to enter into and | ||||||
15 | carry out contracts in
connection therewith.
| ||||||
16 | Section 9.16. To create parks, playgrounds, recreational | ||||||
17 | community
education,
water, sewer or drainage facilities, or | ||||||
18 | any other work which it is otherwise
empowered to undertake, | ||||||
19 | adjacent to or in connection with housing projects.
| ||||||
20 | Section 9.17. To dedicate, sell, convey or lease any of its | ||||||
21 | interests
in any property, or grant easements, licenses or | ||||||
22 | other rights or privileges
therein to a public housing | ||||||
23 | development body or the Federal or State
governments.
|
| |||||||
| |||||||
1 | Section 9.18. To exercise all powers available to land | ||||||
2 | clearance commissions
under the "Blighted Areas Redevelopment
| ||||||
3 | Act of 1947", as now or hereafter amended, and to initiate and | ||||||
4 | implement
slum and blighted areas redevelopment projects. | ||||||
5 | However, the Authority
shall not exercise eminent domain powers | ||||||
6 | pursuant to the "Blighted Areas
Redevelopment Act of 1947", and | ||||||
7 | with reference to the exercise of eminent
domain authority, | ||||||
8 | this Act shall control.
| ||||||
9 | Section 9.19. To develop a comprehensive redevelopment | ||||||
10 | plan for each
neighborhood
in depressed areas.
| ||||||
11 | Section 9.20. To hold public hearings on redevelopment | ||||||
12 | plans.
| ||||||
13 | Section 9.21. To fix, alter, charge and collect fees, | ||||||
14 | rentals and other
charges for the use of the facilities of or | ||||||
15 | for the services rendered by
the Authority, or projects | ||||||
16 | thereof, at rates to be determined by agreement
or otherwise, | ||||||
17 | for the purpose of providing for the expenses of the Authority,
| ||||||
18 | the construction, improvement, repair, equipping, and | ||||||
19 | furnishing of its
facilities and properties, the payment of the | ||||||
20 | principal and interest on
its obligations and to fulfill the | ||||||
21 | terms and provisions of any agreements
made with the purchasers | ||||||
22 | or holders of any such obligations. Such fees,
rentals and |
| |||||||
| |||||||
1 | other charges shall include charges for interest due bond | ||||||
2 | holders
on all outstanding construction and improvement, and | ||||||
3 | engineering and
administration
costs not reimbursed to the | ||||||
4 | Authority; and shall include charges to reimburse
completely | ||||||
5 | the Authority beginning in an appropriate year for the | ||||||
6 | principal
on such bonds within a period of years specified by | ||||||
7 | the Authority to meet
its bond payment schedules.
| ||||||
8 | Section 9.22. (a) To borrow money pursuant to a revenue | ||||||
9 | bond ordinance or
resolution passed by the Authority within 4 | ||||||
10 | years of the effective date
of this Act, for the acquisition, | ||||||
11 | construction and improvement of projects
in such amounts as | ||||||
12 | necessary for defraying the cost of such projects and
to secure | ||||||
13 | the payment of all or any of its revenues, rentals and | ||||||
14 | receipts,
and to make such agreements with the purchasers or | ||||||
15 | holders of such bonds
or with others in connection with any | ||||||
16 | bonds whether issued or to be issued,
as the Authority shall | ||||||
17 | deem advisable and in general, to provide for the
security of | ||||||
18 | such bonds and the rights of the holders thereof.
| ||||||
19 | (b) However no bonds may be issued by the Authority unless | ||||||
20 | the Authority
offers, in writing, to the agencies or | ||||||
21 | municipalities represented by directors
on the Authority, | ||||||
22 | excluding the director appointed by the Governor, the first
| ||||||
23 | opportunity to issue revenue bonds for the project or | ||||||
24 | combination of
projects. If the offer to issue bonds is not | ||||||
25 | accepted in writing, within
6 weeks, by any such agency or |
| |||||||
| |||||||
1 | municipality, the Authority may issue
revenue bonds for the | ||||||
2 | purpose for which the
bonding opportunity was offered to the | ||||||
3 | agencies or municipalities.
| ||||||
4 | Section 9.23. To provide that any real property sold by the | ||||||
5 | Authority
is used in accordance with the final redevelopment | ||||||
6 | plan, and the Authority
shall
inquire into and satisfy | ||||||
7 | themselves concerning the financial ability of
the purchaser to | ||||||
8 | complete the redevelopment in accordance with the
| ||||||
9 | redevelopment
plan and shall require the purchaser to execute | ||||||
10 | in writing such undertakings
as the Authority may deem | ||||||
11 | necessary to obligate the purchaser to:
| ||||||
12 | (a) Use the land for the purposes designated in the | ||||||
13 | approved plan,
| ||||||
14 | (b) Commence and complete the building of the improvements | ||||||
15 | within the
periods of time which the Authority fixes as | ||||||
16 | reasonable, and
| ||||||
17 | (c) Comply with such other conditions as are necessary to | ||||||
18 | carry out the
purposes of the final redevelopment plan.
| ||||||
19 | Section 9.24. To sell any property within a redevelopment | ||||||
20 | area in which
the Authority holds the fee simple title or any | ||||||
21 | lesser interest, provided
that all real property shall be sold | ||||||
22 | for at least its use value, which may be
less than its | ||||||
23 | acquisition cost.
|
| |||||||
| |||||||
1 | Section 9.25. Pursuant to appropriations, to direct | ||||||
2 | disbursements from
the "Depressed Areas Land Use and Community | ||||||
3 | Development Fund" for the purposes
of this Act.
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4 | Section 10. The Authority may by resolution provide for an | ||||||
5 | initial study
and survey to determine if a depressed area | ||||||
6 | contains any commercially,
industrially,
residentially, | ||||||
7 | recreationally or other blighted areas.
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8 | (a) In making the survey and study the Authority board | ||||||
9 | shall:
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10 | (1) Cooperate with and use evidence gathered by any | ||||||
11 | public or private
organization relative to the existence or | ||||||
12 | extent of blight in the depressed
area;
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13 | (2) Hold public hearings, conduct investigations, hear | ||||||
14 | testimony and
gather
evidence relating to blight and its | ||||||
15 | elimination;
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16 | (3) Create an Advisory Committee of not less than 11 | ||||||
17 | persons, to be
appointed
by the chairman with the approval | ||||||
18 | of the Authority, which committee shall
consist of | ||||||
19 | representatives from among local merchants, property | ||||||
20 | owners,
associations, human relations commissions, labor | ||||||
21 | organizations and other civic
groups; and
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22 | (4) Formulate a proposed redevelopment plan for the | ||||||
23 | East St. Louis
blighted
area, provided that such plan has | ||||||
24 | received the approval and recommendations
of a 2/3 majority | ||||||
25 | vote of the members.
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1 | (b) If as a result of their initial study and survey the | ||||||
2 | Authority
determines
that one or more commercially, | ||||||
3 | industrially, residentially, recreationally,
educationally, or | ||||||
4 | other blighted areas are existing in the depressed areas,
the | ||||||
5 | Authority may by resolution set forth the boundaries of each | ||||||
6 | blighted
area and the factors that exist in the blighted area | ||||||
7 | that are detrimental
to the public health, safety, morals and | ||||||
8 | welfare.
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9 | In the same resolution the Authority may provide for a | ||||||
10 | public hearing on
the designation of an area as a blighted area | ||||||
11 | and may submit proposed redevelopment
plans for the blighted | ||||||
12 | area.
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13 | At least 20 days before the hearing the Authority shall | ||||||
14 | give notice of
the hearing by publication at least once in a | ||||||
15 | newspaper of general circulation
within the depressed area.
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16 | (c) At the hearing on the designation of an area as a | ||||||
17 | blighted area, the
Authority shall introduce the testimony and | ||||||
18 | evidence that entered into their
decision to declare an area a | ||||||
19 | blighted area, and shall enter into the record
of the | ||||||
20 | proceedings all proposed redevelopment plans received at or | ||||||
21 | prior
to the hearing. All interested persons may appear and | ||||||
22 | shall be given an
opportunity to testify for or against
any | ||||||
23 | proposed redevelopment plan. The hearing may be continued from | ||||||
24 | time
to time at the discretion of the Authority to allow | ||||||
25 | necessary changes in
any proposed plan or to hear or receive | ||||||
26 | additional testimony from interested persons.
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1 | (d) At the conclusion of the hearing on blight the | ||||||
2 | Authority shall formulate
and publish a final redevelopment | ||||||
3 | plan for the blighted area after approval
of a 2/3 majority | ||||||
4 | vote of the members of the Advisory Committee, which plan
may | ||||||
5 | incorporate any exhibit, plan, proposal, feature, model or | ||||||
6 | testimony
resulting from the hearing. The final redevelopment | ||||||
7 | plan shall be presented
to the corporate authorities in the | ||||||
8 | territory covered by the redevelopment
plan. The final | ||||||
9 | redevelopment plan shall be made available for inspection
by | ||||||
10 | all interested parties.
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11 | (e) Within 30 days after the publication of a final | ||||||
12 | redevelopment plan,
any person aggrieved by the action of the | ||||||
13 | Authority may seek a review of
the decision and the | ||||||
14 | redevelopment plan under the "Administrative Review
Law". The | ||||||
15 | provisions of that Law and all amendments and modifications | ||||||
16 | thereof
and the rules adopted pursuant thereto shall apply to | ||||||
17 | review of the final
redevelopment plan. If no action is | ||||||
18 | initiated under the Administrative
Review Law, or if the court | ||||||
19 | sustains the Authority and the redevelopment
plan as presented, | ||||||
20 | or as amended by the court, the Authority may proceed
to carry | ||||||
21 | out the final redevelopment plan.
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22 | Section 11. The Authority is authorized and empowered to | ||||||
23 | incur indebtedness
and issue revenue bonds in compliance with | ||||||
24 | subsection (b) of Section 9.22 for
the purpose
of raising funds | ||||||
25 | for carrying out
the provisions of a final redevelopment plan |
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1 | providing for the eradication
and elimination of blight and | ||||||
2 | acquisition, development or redevelopment
of blight areas and | ||||||
3 | any other area which may constitute a redevelopment
area within | ||||||
4 | the depressed area. The resolution of the Authority authorizing
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5 | the issuance of revenue bonds shall specify the total amount of | ||||||
6 | the bonds
to be issued, the form and denomination, the date or | ||||||
7 | dates of maturity which
shall not be later than 20 years after | ||||||
8 | the date of issuance, and the rate
of interest,
which rate | ||||||
9 | shall not exceed the rate permitted in "An Act to authorize
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10 | public corporations to issue bonds, other evidences of | ||||||
11 | indebtedness and tax
anticipation warrants subject to interest | ||||||
12 | rate limitations set forth
therein", approved May 26, 1970, as | ||||||
13 | amended.
The bonds shall be executed by such officials as may | ||||||
14 | be provided
by the bond ordinance. The bonds may be made | ||||||
15 | registerable to principal
and may be made callable on any | ||||||
16 | interest payment date at par and accrued
interest after notice | ||||||
17 | has been given in the manner provided by the bond
ordinance. | ||||||
18 | The bonds shall remain valid even though one or more of the
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19 | officials executing the bonds cease to hold office before the | ||||||
20 | bonds are delivered.
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21 | The bonds shall contain a provision that the principal and | ||||||
22 | interest thereon
shall be payable exclusively from the proceeds | ||||||
23 | and revenues of any redevelopment
plan which is financed in | ||||||
24 | whole or in part with the proceeds of such bonds,
together with | ||||||
25 | whatever funds of the Authority from whatever source derived
as | ||||||
26 | are necessary to constitute a local matching cash grant-in-aid |
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1 | or contribution
for the redevelopment plan within the meaning | ||||||
2 | of any applicable federal
or State law. Such bonds may be | ||||||
3 | additionally secured by a pledge of any
loan, grant or | ||||||
4 | contribution, or parts thereof, received from the United
States | ||||||
5 | of America, or any agency or instrumentality thereof, or any | ||||||
6 | loan,
grant or contribution from any other public or private | ||||||
7 | body, instrumentality,
corporation or individual, or any duly | ||||||
8 | executed contract for such pledge,
loan, grant or contribution.
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9 | The officials executing the revenue bonds shall not be | ||||||
10 | personally liable
on the bonds because of their issuance. The | ||||||
11 | bonds shall not be the debt
of any municipality or the State, | ||||||
12 | or any subdivision thereof. The bonds
shall not be payable out | ||||||
13 | of any funds of the Authority except those indicated
in this | ||||||
14 | Act.
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15 | In connection with the issuance of the revenue bonds | ||||||
16 | authorized by this
Act and in order to secure the payment of | ||||||
17 | such bonds, the Authority may
recommend to the corporate | ||||||
18 | authority in which the redevelopment plan is proposed
subject | ||||||
19 | to the powers and limitations contained in this Act,
that such | ||||||
20 | corporate authority convene and
agree in the bonds, bond | ||||||
21 | ordinance, or resolution, or any trust agreement
executed | ||||||
22 | pursuant thereto, to any necessary condition, power, duty, | ||||||
23 | liability,
or procedure for the issuance, payment,
redemption, | ||||||
24 | security, marketing, replacement or refinancing of such bonds,
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25 | and the use, disposition or control of all or any part of the | ||||||
26 | revenues realized
from a redevelopment or new community plan.
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1 | The revenue bonds issued pursuant to a resolution passed by | ||||||
2 | the Authority
shall be sold to the highest and best bidder at | ||||||
3 | not less than their par
value and accrued interest. The | ||||||
4 | Authority shall, from time to time as bonds
are to be sold, | ||||||
5 | advertise for proposals to purchase the bonds. Each such
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6 | advertisement may be published in such newspapers and journals | ||||||
7 | as the Authority
may determine, but must be published at least | ||||||
8 | once in a newspaper having
a general circulation in the | ||||||
9 | respective area at least 10 days prior to the
date of the | ||||||
10 | opening of the bids. The Authority may reserve the rights to
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11 | reject any and all bids and readvertise for bids.
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12 | The bonds may be issued without submitting any proposition | ||||||
13 | to the electorate
by referendum or otherwise.
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14 | Section 12. Before any proposed new construction of a | ||||||
15 | specific project
or proposed rehabilitation project is | ||||||
16 | commenced by the Authority a public
hearing must be held by the | ||||||
17 | Authority affording interested persons residing
in the area an | ||||||
18 | opportunity to be heard. There shall be a notice of the time
| ||||||
19 | and place of the hearing published at least once, not more than | ||||||
20 | 30 and not
less than 15 days before the hearing, in one or more | ||||||
21 | newspapers published
in the municipalities located within the | ||||||
22 | area of the project. This notice
shall contain the particular | ||||||
23 | site and location to be affected as well as
a brief statement | ||||||
24 | of what is proposed in the project.
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1 | Section 13. Any deed executed by the Authority under this | ||||||
2 | Act may contain
such restrictions as may be required by the | ||||||
3 | final redevelopment plan and
necessary building and zoning | ||||||
4 | ordinances. All such deeds of conveyance
shall be executed in | ||||||
5 | the name of the Authority and the seal of the Authority
shall | ||||||
6 | be attached to the deeds.
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7 | Section 14. The Authority may let contracts for the | ||||||
8 | demolition or removal
of buildings and for the removal of any | ||||||
9 | debris. The Authority shall advertise
for sealed bids for doing | ||||||
10 | such work. The advertisement shall describe by
street number or | ||||||
11 | other means of identification the location of buildings
to be | ||||||
12 | demolished or removed and the time and place when sealed bids | ||||||
13 | for
the work may be delivered to the Authority. The | ||||||
14 | advertisement shall be
published once in a newspaper having a | ||||||
15 | general circulation in the respective
area 20 days prior to the | ||||||
16 | date for receiving bids.
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17 | The contract for doing the work shall be let to the lowest | ||||||
18 | responsible
bidder, but the Authority may reject any and all | ||||||
19 | bids received and readvertise
for bids. Any contract entered | ||||||
20 | into by the Authority under this Section
shall contain | ||||||
21 | provisions requiring the contractor to give bond in
an amount | ||||||
22 | to be determined by the Authority, and shall require the
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23 | contractor to furnish insurance of a character and amount to be | ||||||
24 | determined
by the Authority
protecting the Authority and the | ||||||
25 | municipality, its officers, agents and
employees against any |
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1 | claims for personal injuries, including death and
property | ||||||
2 | damage which may be asserted because of the contract. The | ||||||
3 | Authority
may include in any advertisement and in the contract | ||||||
4 | one or more buildings
as they in their sole discretion may | ||||||
5 | determine.
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6 | Section 15. In carrying out the provisions of a final | ||||||
7 | redevelopment plan,
the Authority may pave and improve streets | ||||||
8 | in the redevelopment area, construct
walks and install or | ||||||
9 | relocate sewers, water pipes and other similar facilities.
The | ||||||
10 | Authority shall advertise for sealed bids for doing such work. | ||||||
11 | The
advertisement shall describe the nature of the work to be | ||||||
12 | performed and
the time when and place where sealed bids for the | ||||||
13 | work may be delivered
to the Authority. The advertisement shall | ||||||
14 | be published once in a newspaper
having a general circulation | ||||||
15 | in the municipality at least 20 days prior
to the date for | ||||||
16 | receiving bids. A contract for doing the work shall be
let to | ||||||
17 | the lowest responsible bidder, but the Authority may reject any | ||||||
18 | and
all bids received and readvertise for bids. The contractor | ||||||
19 | shall enter
into bond as a condition for the faithful | ||||||
20 | performance of the contract.
The sureties on such bond shall be | ||||||
21 | approved by the Authority.
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22 | Section 16. When the Authority has acquired title to, and | ||||||
23 | possession of
any or all real property in the redevelopment | ||||||
24 | area, they may convey any
part of the redevelopment area to |
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1 | which the Authority holds the fee simple
title or any lesser | ||||||
2 | interest to any public body or State chartered corporation
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3 | having jurisdiction over schools, parks, low or moderate | ||||||
4 | housing, or
playgrounds
in the area. The property so conveyed | ||||||
5 | shall be used for parks, playgrounds,
schools, housing for low | ||||||
6 | or moderate income families, and other public purposes
as the | ||||||
7 | Authority may determine. The Authority may charge for such | ||||||
8 | conveyance
whatever price they and the officials of the public | ||||||
9 | bodies or State Chartered
Corporations receiving the land may | ||||||
10 | agree upon. The Authority may also
grant with or without | ||||||
11 | charge, easements for public utilities, sewerage and
other | ||||||
12 | similar facilities.
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13 | Section 17. For the purposes of this Act, the terms "cost | ||||||
14 | of the
construction"
of any project includes the following:
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15 | (a) Obligations incurred for labor, and to contractors, | ||||||
16 | builders and
material
men, in connection with the construction | ||||||
17 | of any such project or projects,
for machinery and equipment | ||||||
18 | and for the restoration of property damaged
or destroyed in | ||||||
19 | connection with such construction.
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20 | (b) The cost of acquiring any property, real, personal or | ||||||
21 | mixed, tangible
or intangible, or any interest therein, | ||||||
22 | necessary or desirable for the construction
of any such project | ||||||
23 | or projects.
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24 | (c) The principal and interest requirements upon any such | ||||||
25 | bonds for the
period during which, and to the extent, the |
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1 | rentals received by the
Authority from such project or projects | ||||||
2 | shall be insufficient for the payment
thereof, the fees and | ||||||
3 | expenses of the fiscal agent of the Authority in respect
of | ||||||
4 | such bonds during any such period, and the reasonable fees and | ||||||
5 | expenses
of any paying agents for such bonds during such | ||||||
6 | period.
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7 | (d) The taxes or other municipal or governmental charges, | ||||||
8 | if any, in connection
with any such project or projects during | ||||||
9 | construction.
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10 | (e) The cost and expenses of preliminary investigations of | ||||||
11 | the feasibility
or practicality of constructing any such | ||||||
12 | project or projects and fees and
expenses of engineers for | ||||||
13 | making preliminary studies, surveys, repairs,
estimates, and | ||||||
14 | for preparing plans and specifications and supervising | ||||||
15 | construction
as well as for the performance of all other duties | ||||||
16 | of engineers in relation
to such construction or the issuance | ||||||
17 | of bonds therefor.
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18 | (f) Expenses of administration properly chargeable to any | ||||||
19 | such project
or projects during construction, legal expenses | ||||||
20 | and fees, financing charges,
costs of audits and of preparing | ||||||
21 | and issuing such bonds, and all other items
of expense not | ||||||
22 | elsewhere specified, ancient to the construction of any such
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23 | projects, the financing thereof and the acquisition of lands, | ||||||
24 | property rights,
rights of way, franchises, easements and | ||||||
25 | interest therefor, including abstracts
of title, title | ||||||
26 | insurance, title opinions, costs of surveys, reports and
other |
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1 | expenses in connection with such acquisition.
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2 | Section 18. The Authority may pledge, hypothecate or | ||||||
3 | otherwise encumber
all or any of the revenues or receipts of | ||||||
4 | the Authority as security for
all or any of the obligations of | ||||||
5 | the Authority.
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6 | Section 19. The Authority may construct, acquire by gift or | ||||||
7 | purchase,
reconstruct, improve, better or extend any project | ||||||
8 | within or without the
municipality or partially within or | ||||||
9 | without the municipality, but in no
event farther than 3 miles | ||||||
10 | from the territorial boundaries of such
municipality,
and | ||||||
11 | acquire by gift or purchase lands or rights in land in | ||||||
12 | connection
therewith.
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13 | Section 20. The Authority shall have no power at any time | ||||||
14 | or in any manner
to pledge the credit or taxing power of the | ||||||
15 | State of Illinois, or a
municipality
or corporate authority or | ||||||
16 | any other unit of local government nor shall any
of its | ||||||
17 | obligations be considered obligations of the State of Illinois, | ||||||
18 | or
any other unit of government.
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19 | Section 21. Within 60 days after the end of each fiscal | ||||||
20 | year, the Authority
shall cause to be prepared by a certified | ||||||
21 | public accountant a complete and
detailed report and financial | ||||||
22 | statement of the operation and assets and
liabilities of the |
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1 | Authority. A sufficient number of copies of such report
shall | ||||||
2 | be prepared for distribution to persons interested, upon | ||||||
3 | request,
and a copy thereof shall be filed with the Governor | ||||||
4 | and the General Assembly.
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5 | Section 22. The Authority may investigate conditions in any | ||||||
6 | project in
which it has an interest. In the conduct of such | ||||||
7 | investigations the Authority
may hold public hearings on its | ||||||
8 | own motion, and shall do so on complaint
or petition of any | ||||||
9 | person. Each member of the Authority shall have power to
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10 | administer oaths, and the secretary, by order of the Authority, | ||||||
11 | shall issue
subpoenas to secure the attendance and testimony of | ||||||
12 | witnesses, and the
production
of books and papers, before the | ||||||
13 | Authority or before any member
thereof or any officer or | ||||||
14 | committee appointed by the Authority.
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15 | In the conduct of any investigation the Authority shall, at | ||||||
16 | its expense,
provide a stenographer to take down all testimony | ||||||
17 | and shall preserve a record
of such proceedings. The notice of | ||||||
18 | hearing, complaint, and all other documents
in the nature of | ||||||
19 | pleading and written motions and orders of decision of
the | ||||||
20 | Authority shall constitute the record of such proceedings.
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21 | The Authority is not required to testify and record or file | ||||||
22 | any answer,
or otherwise respond in any proceedings for | ||||||
23 | judicial review of an
administrative
decision unless the party | ||||||
24 | asking for review deposits with the clerk of the
court the sum | ||||||
25 | of $1 per page of records representing the cost of such
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1 | certification.
Failure to make such deposit is ground for | ||||||
2 | dismissal of action.
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3 | Section 23. The Authority has the power to pass all | ||||||
4 | resolutions and make
all rules and regulations proper and | ||||||
5 | necessary to give effect to the power
granted the Authority | ||||||
6 | under this Act.
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7 | Section 24. All final administrative decisions of the | ||||||
8 | Authority shall
be subject to judicial review pursuant to the | ||||||
9 | provisions of the Administrative
Review Law, and all amendments | ||||||
10 | and modifications thereof and the rules adopted
pursuant | ||||||
11 | thereto. The term "administrative decision" is defined as in | ||||||
12 | Section
3-101 of the Administrative Review Law.
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13 | Section 25. The powers contained in this Act shall not be | ||||||
14 | exercised by
the Authority:
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15 | (1) within the boundaries of any municipality or within the | ||||||
16 | boundaries
of any territory over which a municipality has | ||||||
17 | jurisdiction
unless the exercise
of those powers therein has | ||||||
18 | been approved by the mayor or village president
of the | ||||||
19 | municipality;
or
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20 | (2) within the boundaries of any unincorporated area of a | ||||||
21 | township unless
the exercise of those powers
therein has been | ||||||
22 | approved by the supervisor of the township.
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23 | Section 999. Effective date. This Act takes effect upon |
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1 | becoming law. |