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Sen. Christine Radogno
Filed: 3/30/2011
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1 | | AMENDMENT TO SENATE BILL 1449
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1449 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Municipal Code is amended by |
5 | | changing Sections 11-74.4-5 and 11-74.6-22 as follows:
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6 | | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
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7 | | Sec. 11-74.4-5. Public hearing; joint review board. |
8 | | (a) The changes made by this amendatory Act of the 91st
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9 | | General Assembly do not apply to a municipality that, (i) |
10 | | before the
effective date of this amendatory Act of the 91st |
11 | | General Assembly,
has adopted an ordinance or resolution fixing |
12 | | a time and place for a
public hearing under this Section or |
13 | | (ii) before July 1, 1999, has adopted
an ordinance or |
14 | | resolution providing for a feasibility study under Section
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15 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving |
16 | | redevelopment plans and redevelopment projects or designating
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1 | | redevelopment project areas under Section 11-74.4-4, until |
2 | | after that
municipality adopts an ordinance
approving |
3 | | redevelopment plans and redevelopment projects or designating
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4 | | redevelopment project areas under Section 11-74.4-4; |
5 | | thereafter the changes
made by this amendatory Act of the 91st |
6 | | General Assembly apply to the same
extent that they apply to
|
7 | | redevelopment plans and redevelopment projects that were |
8 | | approved and
redevelopment projects that were designated |
9 | | before the effective date of this
amendatory Act of the 91st |
10 | | General Assembly.
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11 | | Prior to the adoption of an ordinance proposing the
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12 | | designation of a redevelopment project area, or approving a
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13 | | redevelopment plan or redevelopment project, the municipality |
14 | | by its
corporate authorities, or as it may determine by any |
15 | | commission
designated under subsection (k) of Section |
16 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time |
17 | | and place for public hearing.
At least 10 days prior to the |
18 | | adoption of the ordinance or resolution
establishing the time
|
19 | | and place for the public hearing, the municipality shall make |
20 | | available for
public inspection a redevelopment plan or a |
21 | | separate report that provides in
reasonable detail the basis |
22 | | for the eligibility of
the redevelopment project area. The |
23 | | report along with the name of a
person to
contact for further |
24 | | information shall be sent within a reasonable time
after the |
25 | | adoption of such ordinance or resolution to the
affected taxing |
26 | | districts
by certified mail.
On and after the effective date of |
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1 | | this amendatory Act of the 91st General
Assembly, the |
2 | | municipality shall print in a newspaper of general circulation
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3 | | within the municipality a notice that interested persons may |
4 | | register with the
municipality in order to receive information |
5 | | on the proposed designation of a
redevelopment project area or |
6 | | the approval of a redevelopment plan. The notice
shall state |
7 | | the place of registration and the operating hours of that |
8 | | place.
The municipality shall have adopted reasonable rules to |
9 | | implement this
registration process under Section 11-74.4-4.2.
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10 | | The municipality shall provide notice of the availability of |
11 | | the
redevelopment plan and eligibility report, including how to |
12 | | obtain this
information, by mail within a reasonable time after |
13 | | the adoption of the
ordinance or resolution, to all residential |
14 | | addresses that, after a good faith
effort, the municipality |
15 | | determines are located outside the proposed
redevelopment |
16 | | project area and within 750 feet of the
boundaries of the |
17 | | proposed redevelopment project area. This requirement is
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18 | | subject to the limitation that in a municipality with a |
19 | | population of over
100,000, if the total number of residential |
20 | | addresses outside the proposed
redevelopment project area and |
21 | | within 750 feet of the
boundaries of the proposed redevelopment |
22 | | project area exceeds 750, the
municipality shall be required to |
23 | | provide the notice to only the 750
residential addresses that, |
24 | | after a good faith effort, the municipality
determines are |
25 | | outside the proposed redevelopment project area and closest
to |
26 | | the boundaries of the proposed redevelopment project
area.
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1 | | Notwithstanding the foregoing, notice given after August 7, |
2 | | 2001 (the
effective date of Public Act 92-263) and before the |
3 | | effective date of this
amendatory Act of the 92nd General |
4 | | Assembly to residential addresses within 750
feet of the |
5 | | boundaries of a proposed redevelopment project area shall be |
6 | | deemed
to have been sufficiently given in compliance with this |
7 | | Act if given only to
residents outside the boundaries of the |
8 | | proposed redevelopment project area.
The notice shall also be |
9 | | provided by the municipality, regardless of its
population, to |
10 | | those organizations and residents that have registered with the
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11 | | municipality for that information in accordance with the |
12 | | registration
guidelines established by the municipality under |
13 | | Section 11-74.4-4.2.
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14 | | At the public hearing any
interested person or affected |
15 | | taxing district may file with the
municipal clerk written |
16 | | objections to and may be heard orally in respect
to any issues |
17 | | embodied in the notice. The municipality shall hear all |
18 | | protests
and objections at the hearing and the hearing may
be |
19 | | adjourned to another date without further notice other than a |
20 | | motion
to be entered upon the minutes fixing the time and place |
21 | | of the
subsequent hearing.
At the public hearing or at any time |
22 | | prior to the
adoption by the municipality of an ordinance |
23 | | approving a redevelopment plan,
the municipality may make |
24 | | changes in the redevelopment plan. Changes which (1)
add |
25 | | additional parcels of property to the proposed redevelopment |
26 | | project area,
(2) substantially affect the general land uses |
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1 | | proposed in the redevelopment
plan, (3) substantially change |
2 | | the nature of or extend the life of the
redevelopment project,
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3 | | or (4) increase the number of inhabited residential units to be |
4 | | displaced from the redevelopment project area, as
measured from |
5 | | the time of creation of the redevelopment project area, to a |
6 | | total of more than
10,
shall be made only after the
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7 | | municipality gives notice,
convenes a joint review board, and |
8 | | conducts a public hearing pursuant to the
procedures set forth |
9 | | in this Section and in Section 11-74.4-6 of this Act.
Changes |
10 | | which do not (1) add additional parcels of property to the |
11 | | proposed
redevelopment project area, (2) substantially affect |
12 | | the general land uses
proposed in the redevelopment plan, (3) |
13 | | substantially change the nature of
or extend the life of the |
14 | | redevelopment project,
or (4) increase the number of inhabited |
15 | | residential units to be displaced from the redevelopment |
16 | | project area, as
measured from the time of creation of the |
17 | | redevelopment project area, to a total
of more than 10,
may be |
18 | | made without further
hearing, provided that the municipality |
19 | | shall give notice of any such changes
by mail to each affected |
20 | | taxing district and registrant on the interested
parties |
21 | | registry, provided for under Section 11-74.4-4.2, and by |
22 | | publication in
a newspaper of
general circulation within the |
23 | | affected taxing district. Such notice by mail
and by |
24 | | publication shall each occur not later than 10 days following |
25 | | the
adoption by ordinance of such changes. Hearings with regard |
26 | | to a redevelopment
project area, project or plan may be held |
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1 | | simultaneously.
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2 | | (b) Prior to holding a public hearing to approve or amend a |
3 | | redevelopment
plan or to designate or add additional parcels of |
4 | | property to a redevelopment
project area, the municipality
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5 | | shall convene a joint review board. The board shall consist of |
6 | | a representative
selected by each community college district, |
7 | | local elementary school
district and high school district or |
8 | | each local community unit school
district, park district, |
9 | | library district, township, fire protection
district, and |
10 | | county that will have the authority to
directly levy taxes on |
11 | | the property within the proposed redevelopment
project area at |
12 | | the time that the proposed redevelopment project area is
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13 | | approved, a representative selected by the municipality and a |
14 | | public
member. The public member shall first be selected and |
15 | | then the board's
chairperson shall be selected by
a majority of |
16 | | the board members present and voting.
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17 | | For redevelopment project areas with redevelopment plans |
18 | | or proposed
redevelopment plans that would
result in the |
19 | | displacement of residents from 10 or more inhabited residential
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20 | | units or that include 75 or more inhabited residential units, |
21 | | the public member
shall be a person who resides in the |
22 | | redevelopment project area. If, as
determined by the housing |
23 | | impact study provided for in paragraph (5) of
subsection (n) of |
24 | | Section 11-74.4-3, or if no housing impact study is required
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25 | | then based on other reasonable data, the majority of |
26 | | residential units are
occupied by very low, low, or moderate |
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1 | | income households, as defined in Section
3 of the Illinois |
2 | | Affordable Housing Act, the public member shall be a person
who |
3 | | resides in very low, low, or moderate income housing within the
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4 | | redevelopment project area. Municipalities with fewer than |
5 | | 15,000 residents
shall not be required to select a person who |
6 | | lives in very low, low, or
moderate income housing within the |
7 | | redevelopment project area, provided that
the redevelopment |
8 | | plan or project will not result in displacement of residents
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9 | | from 10 or more inhabited units, and the municipality so |
10 | | certifies
in the plan. If no person satisfying these |
11 | | requirements is available or if no
qualified person will serve |
12 | | as the public member, then the joint review board
is relieved |
13 | | of this paragraph's selection requirements for the public
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14 | | member.
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15 | | Within 90 days of the effective date of this amendatory Act |
16 | | of the 91st
General Assembly, each municipality that designated |
17 | | a redevelopment project
area for which it was not required to |
18 | | convene a joint review board under this
Section shall convene a |
19 | | joint review board to perform the
duties specified under |
20 | | paragraph (e) of this Section.
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21 | | All board members shall be appointed and the first board |
22 | | meeting shall be
held at least 14 days but not more than 28 |
23 | | days after the
mailing of notice by the
municipality to the |
24 | | taxing
districts as required by Section 11-74.4-6(c).
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25 | | Notwithstanding the preceding sentence, a municipality that |
26 | | adopted either a
public hearing resolution or a feasibility |
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1 | | resolution between July 1, 1999 and
July 1, 2000 that called |
2 | | for the meeting of the joint review board within 14
days of |
3 | | notice of public hearing to affected taxing districts is deemed |
4 | | to be
in compliance with the notice, meeting, and public |
5 | | hearing provisions of the
Act.
Such notice
shall also advise
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6 | | the taxing bodies represented on the joint review board of the |
7 | | time and place
of the first meeting of the board. Additional |
8 | | meetings of the
board shall be held upon the call of any |
9 | | member. The municipality
seeking designation of the |
10 | | redevelopment project area shall provide
administrative |
11 | | support to the board.
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12 | | The board shall review (i) the public record, planning |
13 | | documents and
proposed ordinances approving the redevelopment |
14 | | plan and
project and (ii) proposed amendments to the |
15 | | redevelopment plan or additions
of parcels of property to the |
16 | | redevelopment project area to be
adopted by the municipality. |
17 | | As part of its deliberations, the board may
hold additional |
18 | | hearings on the proposal. A
board's recommendation shall be
an |
19 | | advisory, non-binding recommendation. The recommendation shall |
20 | | be adopted
by a majority of those members present and voting. |
21 | | The recommendations shall
be submitted to the municipality
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22 | | within 30 days after convening of the board.
Failure of the |
23 | | board to
submit
its report on a timely basis shall not be cause |
24 | | to delay the public hearing
or any other step in the process of |
25 | | designating or
amending the
redevelopment project area but |
26 | | shall be deemed to constitute approval by the
joint review |
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1 | | board of the matters before it.
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2 | | The board shall base its recommendation to approve or |
3 | | disapprove the
redevelopment plan and the designation of the |
4 | | redevelopment project area or the
amendment of the |
5 | | redevelopment plan or addition of parcels of property to the
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6 | | redevelopment project area on the basis of the redevelopment |
7 | | project area and
redevelopment plan satisfying the
plan |
8 | | requirements, the eligibility criteria
defined in Section |
9 | | 11-74.4-3, and the objectives of this Act.
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10 | | The board shall issue a written report describing why the
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11 | | redevelopment plan and project area or the amendment thereof |
12 | | meets or
fails to meet one or more of the objectives of this |
13 | | Act and both the plan
requirements and the eligibility criteria |
14 | | defined in Section 11-74.4-3.
In the event the Board does not |
15 | | file a report it shall be presumed
that these taxing bodies |
16 | | find the redevelopment project area and
redevelopment plan |
17 | | satisfy the
objectives of this Act and the plan requirements |
18 | | and eligibility criteria.
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19 | | If the board recommends rejection of the matters before it, |
20 | | the
municipality will have 30 days within which to resubmit the |
21 | | plan or amendment.
During this period, the municipality will |
22 | | meet and confer with the board and
attempt to resolve those |
23 | | issues set forth in the board's written report that
led to the |
24 | | rejection of the plan or amendment.
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25 | | Notwithstanding the resubmission set forth above, the |
26 | | municipality may
commence the scheduled public hearing and |
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1 | | either adjourn the public hearing or
continue the public |
2 | | hearing until a date certain. Prior to continuing any
public |
3 | | hearing to a date certain, the municipality shall announce |
4 | | during the
public hearing the time, date, and location for the |
5 | | reconvening of the public
hearing. Any changes to the |
6 | | redevelopment plan necessary to satisfy the issues
set forth in |
7 | | the joint review board report shall be the subject of a public
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8 | | hearing before the hearing is adjourned if the changes would |
9 | | (1) substantially
affect the general land uses proposed in the |
10 | | redevelopment plan, (2)
substantially change the nature of or |
11 | | extend the life of the redevelopment
project, or (3) increase |
12 | | the number of inhabited residential units to be
displaced from |
13 | | the redevelopment project area, as
measured from the
time of |
14 | | creation of the redevelopment project area, to a total of
more |
15 | | than 10. Changes to the redevelopment plan necessary
to
satisfy |
16 | | the issues set forth in the joint review board report shall not |
17 | | require
any further notice or convening of a joint review board |
18 | | meeting, except that
any changes to the redevelopment plan that |
19 | | would add additional parcels of
property to the proposed |
20 | | redevelopment project area shall be subject to the
notice, |
21 | | public hearing, and joint review board meeting requirements |
22 | | established
for such changes by subsection (a) of Section |
23 | | 11-74.4-5.
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24 | | In the event that the
municipality and the board are unable |
25 | | to resolve these differences, or in the
event that the |
26 | | resubmitted plan or amendment is rejected by the board, the
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1 | | municipality may proceed with the plan or amendment, but only |
2 | | upon a
three-fifths vote of the corporate authority responsible |
3 | | for approval of the
plan or amendment, excluding positions of |
4 | | members that are vacant and those
members that are ineligible |
5 | | to vote because of conflicts of interest.
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6 | | (c) After a municipality has by ordinance approved a |
7 | | redevelopment plan
and designated a redevelopment project |
8 | | area, the plan may be amended and
additional properties may be |
9 | | added to the redevelopment project area only as
herein |
10 | | provided. Amendments which (1) add additional parcels of |
11 | | property to
the proposed redevelopment project area, (2) |
12 | | substantially affect the general
land uses proposed in the |
13 | | redevelopment plan, (3) substantially change the
nature of the |
14 | | redevelopment project, (4) increase the total estimated
|
15 | | redevelopment
project costs set out in the redevelopment plan |
16 | | by more than 5% after
adjustment for inflation from the date |
17 | | the plan was adopted, (5) add
additional redevelopment project |
18 | | costs to the itemized list of redevelopment
project costs set |
19 | | out in the redevelopment plan, or (6) increase the number of
|
20 | | inhabited residential units to be
displaced from the |
21 | | redevelopment
project area, as measured from the time of |
22 | | creation of
the
redevelopment project area, to a total of more |
23 | | than
10, shall be made only after
the
municipality gives |
24 | | notice, convenes a joint review board, and conducts a public
|
25 | | hearing pursuant to the procedures set forth in this Section |
26 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) |
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1 | | add additional parcels of
property to the proposed |
2 | | redevelopment project area, (2) substantially affect
the |
3 | | general land uses proposed in the redevelopment plan, (3) |
4 | | substantially
change the nature of the redevelopment project, |
5 | | (4) increase the total
estimated redevelopment project cost set |
6 | | out in the redevelopment plan by more
than 5% after adjustment |
7 | | for inflation from the date the plan was adopted,
(5) add |
8 | | additional redevelopment project costs to the itemized list of
|
9 | | redevelopment project costs set out in the redevelopment plan, |
10 | | or (6) increase
the number of inhabited residential units to be |
11 | | displaced from the
redevelopment project area, as measured from |
12 | | the time of
creation of
the redevelopment project area, to a |
13 | | total of more than 10, may be made
without further public |
14 | | hearing
and related notices and procedures including the |
15 | | convening of a joint review
board as set forth in Section |
16 | | 11-74.4-6 of this Act, provided that the
municipality shall |
17 | | give notice of
any such changes by mail to each affected taxing |
18 | | district and registrant on the
interested parties registry, |
19 | | provided for under Section 11-74.4-4.2, and by
publication in
a |
20 | | newspaper of general circulation within the affected taxing |
21 | | district. Such
notice by mail and by publication shall each |
22 | | occur not later than 10 days
following the adoption by |
23 | | ordinance of such changes.
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24 | | (d) After the effective date of this amendatory Act of the |
25 | | 91st General
Assembly, a
municipality shall submit in an |
26 | | electronic format the
following information for each |
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1 | | redevelopment project area (i) to the State
Comptroller under |
2 | | Section 8-8-3.5 of the Illinois Municipal Code
and (ii) to all |
3 | | taxing districts overlapping the
redevelopment project area no |
4 | | later than 180
days after the close of each municipal fiscal |
5 | | year or as soon thereafter as
the audited financial
statements |
6 | | become available and, in any case, shall be submitted before |
7 | | the
annual meeting of the Joint Review Board to each of the |
8 | | taxing districts that
overlap the redevelopment project area:
|
9 | | (1) Any amendments to the redevelopment plan, the |
10 | | redevelopment
project area, or the State Sales Tax |
11 | | Boundary.
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12 | | (1.5) A list of the redevelopment project areas |
13 | | administered by the
municipality and, if applicable, the |
14 | | date each redevelopment project area was
designated or |
15 | | terminated by the municipality.
|
16 | | (2) Audited financial statements of the special tax |
17 | | allocation fund once a
cumulative total of $100,000 has |
18 | | been deposited in the fund.
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19 | | (3) Certification of the Chief Executive Officer of the |
20 | | municipality
that the municipality has complied with all of |
21 | | the requirements of this Act
during the preceding fiscal |
22 | | year.
|
23 | | (4) An opinion of legal counsel that the municipality |
24 | | is in compliance
with this Act.
|
25 | | (5) An analysis of the special tax allocation fund |
26 | | which sets forth:
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1 | | (A) the balance in the special tax allocation fund |
2 | | at the beginning of
the fiscal year;
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3 | | (B) all amounts deposited in the special tax |
4 | | allocation fund by source;
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5 | | (C) an itemized list of all expenditures from the |
6 | | special tax
allocation fund by category of
permissible |
7 | | redevelopment project cost; and
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8 | | (D) the balance in the special tax allocation fund |
9 | | at the end of the
fiscal year including a breakdown of |
10 | | that balance by source and a breakdown
of that balance |
11 | | identifying any portion of the balance that is |
12 | | required,
pledged, earmarked, or otherwise designated |
13 | | for payment of or securing of
obligations and |
14 | | anticipated redevelopment project costs. Any portion |
15 | | of
such ending balance that has not been identified or |
16 | | is not identified as
being
required, pledged, |
17 | | earmarked, or otherwise designated for payment of or
|
18 | | securing of obligations or anticipated redevelopment |
19 | | projects costs
shall be designated as surplus as set |
20 | | forth in Section
11-74.4-7 hereof.
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21 | | (6) A description of all property purchased by the |
22 | | municipality within
the redevelopment project area |
23 | | including:
|
24 | | (A) Street address.
|
25 | | (B) Approximate size or description of property.
|
26 | | (C) Purchase price.
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1 | | (D) Seller of property.
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2 | | (7) A statement setting forth all activities |
3 | | undertaken in furtherance
of the objectives of the |
4 | | redevelopment plan, including:
|
5 | | (A) Any project implemented in the preceding |
6 | | fiscal year.
|
7 | | (B) A description of the redevelopment activities |
8 | | undertaken.
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9 | | (C) A description of any agreements entered into by |
10 | | the municipality
with
regard to the disposition or |
11 | | redevelopment of any property within the
redevelopment |
12 | | project area or the area within the State Sales Tax |
13 | | Boundary.
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14 | | (D) Additional information on the use of all funds |
15 | | received under this
Division and steps taken by the
|
16 | | municipality to achieve the objectives of the |
17 | | redevelopment plan.
|
18 | | (E) Information regarding contracts that the |
19 | | municipality's tax
increment advisors or consultants |
20 | | have entered into with entities or persons
that have |
21 | | received, or are receiving, payments financed by tax |
22 | | increment
revenues produced by the same redevelopment |
23 | | project area.
|
24 | | (F) Any reports submitted to the municipality by |
25 | | the joint review board.
|
26 | | (G) A review of public and, to the extent possible, |
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1 | | private investment
actually undertaken to date after |
2 | | the effective date of this amendatory Act of
the 91st |
3 | | General Assembly and estimated to be undertaken during |
4 | | the following
year. This review shall, on a |
5 | | project-by-project basis, set forth the
estimated |
6 | | amounts of public and private investment incurred |
7 | | after the effective
date of this amendatory Act of the |
8 | | 91st General Assembly and provide the ratio
of private |
9 | | investment to public investment to the date of the |
10 | | report and as
estimated to the completion of the |
11 | | redevelopment project.
|
12 | | (8) With regard to any obligations issued by the |
13 | | municipality:
|
14 | | (A) copies of any official statements; and
|
15 | | (B) an analysis prepared by financial advisor or |
16 | | underwriter setting
forth: (i) nature and term of |
17 | | obligation; and (ii) projected debt service
including |
18 | | required reserves and debt coverage.
|
19 | | (9) For special tax allocation funds that have |
20 | | experienced cumulative
deposits of incremental tax |
21 | | revenues of $100,000 or more, a certified audit
report |
22 | | reviewing compliance
with this Act
performed by an |
23 | | independent public accountant certified and licensed by |
24 | | the
authority of the State of Illinois. The financial |
25 | | portion of the audit
must be conducted in accordance with |
26 | | Standards for Audits of Governmental
Organizations, |
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1 | | Programs, Activities, and Functions adopted by the
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2 | | Comptroller General of the United States (1981), as |
3 | | amended, or the standards
specified by Section 8-8-5 of the |
4 | | Illinois Municipal Auditing Law of the
Illinois Municipal |
5 | | Code. The audit
report shall contain a letter from the |
6 | | independent certified public accountant
indicating |
7 | | compliance or noncompliance with the requirements
of |
8 | | subsection (q) of Section 11-74.4-3. For redevelopment |
9 | | plans or
projects that would result in the displacement of |
10 | | residents from 10 or more
inhabited residential units or |
11 | | that contain 75 or more inhabited residential
units, notice |
12 | | of the availability of the information, including how to |
13 | | obtain
the report, required in this subsection shall also |
14 | | be sent by mail to all
residents or organizations that |
15 | | operate in the municipality that register with
the |
16 | | municipality for that information according to |
17 | | registration procedures
adopted under Section 11-74.4-4.2. |
18 | | All municipalities are subject to this
provision.
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19 | | (10) A list of all intergovernmental agreements in |
20 | | effect during the fiscal year to which the municipality is |
21 | | a party and an accounting of any moneys transferred or |
22 | | received by the municipality during that fiscal year |
23 | | pursuant to those intergovernmental agreements. |
24 | | (11) A detailed list of jobs created during the fiscal |
25 | | year, both temporary and permanent, along with a |
26 | | description of whether the jobs are in the public or |
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1 | | private sector. |
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:
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8 | | (1) Any amendments to the redevelopment plan, the |
9 | | redevelopment project
area, or the State Sales Tax |
10 | | Boundary; and
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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.
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16 | | (e) The joint review board shall meet annually 180 days
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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.
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21 | | (f) (Blank).
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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 |
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1 | | required to be
made available for public inspection, and the |
2 | | information required to be sent
after adoption of an ordinance |
3 | | or resolution fixing a time and place for public
hearing shall |
4 | | not be applicable.
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5 | | (h) On and after the effective date of this amendatory Act |
6 | | of the 96th General Assembly, the State Comptroller must post |
7 | | on the State Comptroller's official website the information |
8 | | submitted by a municipality pursuant to subsection (d) of this |
9 | | Section. The information must be posted no later than 45 days |
10 | | after the State Comptroller receives the information from the |
11 | | municipality. The State Comptroller must also post a list of |
12 | | the municipalities not in compliance with the reporting |
13 | | requirements set forth in subsection (d) of this Section. |
14 | | (i) No later than 10 years after the corporate authorities |
15 | | of a municipality adopt an ordinance to establish a |
16 | | redevelopment project area, the municipality must compile a |
17 | | status report concerning the redevelopment project area. The |
18 | | status report must detail without limitation the following: (i) |
19 | | the amount of revenue generated within the redevelopment |
20 | | project area, (ii) any expenditures made by the municipality |
21 | | for the redevelopment project area including without |
22 | | limitation expenditures from the special tax allocation fund, |
23 | | (iii) the status of planned activities, goals, and objectives |
24 | | set forth in the redevelopment plan including details on new or |
25 | | planned construction within the redevelopment project area, |
26 | | (iv) the amount of private and public investment within the |
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1 | | redevelopment project area, and (v) any other relevant |
2 | | evaluation or performance data. Within 30 days after the |
3 | | municipality compiles the status report, the municipality must |
4 | | hold at least one public hearing concerning the report. The |
5 | | municipality must provide 20 days' public notice of the |
6 | | hearing. |
7 | | (j) Beginning in fiscal year 2011 and in each fiscal year |
8 | | thereafter, a municipality must detail in its annual budget (i) |
9 | | the revenues generated from redevelopment project areas by |
10 | | source and (ii) the expenditures made by the municipality for |
11 | | redevelopment project areas. |
12 | | (Source: P.A. 96-1335, eff. 7-27-10.)
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13 | | (65 ILCS 5/11-74.6-22)
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14 | | Sec. 11-74.6-22. Adoption of ordinance; requirements; |
15 | | changes.
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16 | | (a) Before adoption of an ordinance proposing the
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17 | | designation of a redevelopment planning area or a redevelopment |
18 | | project area,
or both, or approving a
redevelopment plan or |
19 | | redevelopment project, the municipality or commission
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20 | | designated pursuant to subsection (l) of Section 11-74.6-15 |
21 | | shall fix by
ordinance or resolution
a time and place for |
22 | | public hearing.
Prior to the adoption of the ordinance or |
23 | | resolution establishing the time and
place for the public |
24 | | hearing, the municipality shall make available for public
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25 | | inspection a redevelopment plan or a report that provides in |
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1 | | sufficient detail,
the basis for the eligibility of the
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2 | | redevelopment project area. The report
along with the name of a
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3 | | person to contact for further information shall be sent to the |
4 | | affected taxing
district by certified mail within a reasonable |
5 | | time following the adoption of
the ordinance or resolution |
6 | | establishing the time and place for the public
hearing.
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7 | | At the public hearing any
interested person or affected |
8 | | taxing district may file with the
municipal clerk written |
9 | | objections to the ordinance and may be heard orally
on any |
10 | | issues that are the subject of the hearing. The municipality |
11 | | shall
hear and determine all alternate proposals or bids for |
12 | | any proposed conveyance,
lease, mortgage or other disposition |
13 | | of land and all protests and objections at
the hearing and the
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14 | | hearing may be adjourned to another date without further notice |
15 | | other than
a motion to be entered upon the minutes fixing the |
16 | | time and place of the
later hearing.
At the public hearing or |
17 | | at any time prior to the adoption by the
municipality of an |
18 | | ordinance approving a redevelopment plan, the
municipality may |
19 | | make changes in the redevelopment plan. Changes
which (1) add |
20 | | additional parcels of property to the proposed redevelopment
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21 | | project
area, (2) substantially affect the general land uses |
22 | | proposed in the
redevelopment plan, or (3) substantially change |
23 | | the nature of or extend the
life of the redevelopment
project |
24 | | shall be made only after the
municipality gives notice, |
25 | | convenes a joint review board, and conducts a public
hearing |
26 | | pursuant to the procedures set forth in this Section and in |
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1 | | Section
11-74.6-25. Changes which do not (1) add additional |
2 | | parcels of
property to the proposed redevelopment project area, |
3 | | (2) substantially affect
the general land uses proposed in the |
4 | | redevelopment plan, or (3) substantially
change the nature of |
5 | | or extend the life of the redevelopment project may be
made |
6 | | without further hearing, provided that the municipality shall |
7 | | give notice
of any such changes by mail to each affected taxing |
8 | | district and by publication
in a newspaper of general |
9 | | circulation within the affected taxing district.
Such notice by |
10 | | mail and by publication shall each occur not later than 10 days
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11 | | following the adoption by ordinance of such changes.
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12 | | (b) Before adoption of an ordinance proposing the |
13 | | designation of a
redevelopment planning area or a redevelopment |
14 | | project area, or both, or
amending the boundaries of an |
15 | | existing
redevelopment project area or redevelopment planning |
16 | | area, or both, the
municipality shall convene a joint review
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17 | | board to consider the proposal. The board shall consist of a
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18 | | representative selected by each taxing district that has
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19 | | authority to levy real property taxes on the property within |
20 | | the proposed
redevelopment project area and that has at least |
21 | | 5% of its total equalized
assessed value located within the |
22 | | proposed redevelopment project area, a
representative selected |
23 | | by the municipality
and a public member. The public member and |
24 | | the board's chairperson shall
be selected by a majority of |
25 | | other board members.
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26 | | All board members shall be appointed and the first board |
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1 | | meeting held
within 14 days following the notice by the |
2 | | municipality to all the taxing
districts as required by |
3 | | subsection (c) of Section 11-74.6-25. The notice
shall also |
4 | | advise the taxing bodies represented on the joint review board
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5 | | of the time and place of the first meeting of the board. |
6 | | Additional
meetings of the board shall be held upon the call of |
7 | | any 2 members. The
municipality seeking designation of the |
8 | | redevelopment project area may provide
administrative support |
9 | | to the board.
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10 | | The board shall review the public record, planning |
11 | | documents and
proposed ordinances approving the redevelopment |
12 | | plan and project to be
adopted by the municipality. As part of |
13 | | its deliberations, the board may
hold additional hearings on |
14 | | the proposal. A board's recommendation, if any,
shall be a |
15 | | written recommendation adopted by a
majority vote of the board |
16 | | and submitted to the municipality within 30 days
after the |
17 | | board convenes. A board's recommendation shall be binding upon |
18 | | the
municipality. Failure of the board to submit
its |
19 | | recommendation on a timely basis shall not be cause to delay |
20 | | the public
hearing or the process of establishing or amending |
21 | | the
redevelopment project area. The board's recommendation on |
22 | | the proposal
shall be based upon the area satisfying the |
23 | | applicable eligibility criteria
defined in Section 11-74.6-10 |
24 | | and whether there is a basis for the
municipal findings set |
25 | | forth in the redevelopment plan as required by this
Act. If the |
26 | | board does not file a recommendation it shall be presumed that
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1 | | the board has found that the redevelopment project area |
2 | | satisfies the
eligibility criteria.
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3 | | (c) After a municipality has by ordinance approved a |
4 | | redevelopment plan
and designated a redevelopment planning |
5 | | area or a redevelopment project area,
or both, the plan may be
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6 | | amended and additional properties may be added to the |
7 | | redevelopment project
area only as herein provided. Amendments
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8 | | which (1) add additional parcels of property to the proposed |
9 | | redevelopment
project
area, (2) substantially affect the |
10 | | general land uses proposed in the
redevelopment plan, (3) |
11 | | substantially change the nature of the redevelopment
project,
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12 | | (4) increase the total estimated
redevelopment project costs |
13 | | set out in the redevelopment plan by more than 5%
after |
14 | | adjustment for inflation from the date the plan was adopted, or
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15 | | (5) add additional redevelopment project costs to the itemized |
16 | | list of
redevelopment project costs set out in the |
17 | | redevelopment plan
shall be made only after the municipality |
18 | | gives notice,
convenes a joint review board, and conducts a |
19 | | public hearing pursuant to the
procedures set forth in this |
20 | | Section and in Section 11-74.6-25.
Changes which do not (1) add |
21 | | additional parcels of property to the proposed
redevelopment |
22 | | project area, (2) substantially affect the general land uses
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23 | | proposed in the redevelopment plan, (3) substantially change |
24 | | the nature
of the redevelopment project, (4) increase the total |
25 | | estimated redevelopment
project cost set out in the |
26 | | redevelopment plan by more than 5% after adjustment
for |
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1 | | inflation from the date the plan was adopted, or (5) add |
2 | | additional
redevelopment project costs to the itemized list of |
3 | | redevelopment project costs
set out in the redevelopment plan
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4 | | may be made without further hearing, provided that the |
5 | | municipality
shall give notice of any such changes by mail to |
6 | | each affected taxing district
and by publication in a newspaper |
7 | | of general circulation within the affected
taxing district. |
8 | | Such notice by mail and by publication shall each occur not
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9 | | later than 10 days following the adoption by ordinance of such |
10 | | changes.
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11 | | (d) After the effective date of this amendatory Act of the |
12 | | 91st General
Assembly, a
municipality shall
submit the |
13 | | following information for each redevelopment project area (i) |
14 | | to
the State Comptroller under Section 8-8-3.5 of the Illinois |
15 | | Municipal Code and (ii) to all taxing districts overlapping
the
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16 | | redevelopment project area
no later than 180
days after the |
17 | | close of each municipal fiscal year or as soon thereafter as
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18 | | the audited financial statements become available and, in any |
19 | | case, shall be
submitted before the annual meeting of the joint |
20 | | review board to each of the
taxing districts that overlap the |
21 | | redevelopment project area:
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22 | | (1) Any amendments to the redevelopment plan, or the |
23 | | redevelopment
project area.
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24 | | (1.5) A list of the redevelopment project areas |
25 | | administered by the
municipality and, if applicable, the |
26 | | date each redevelopment project area was
designated or |
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1 | | terminated by the municipality.
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2 | | (2) Audited financial statements of the special tax |
3 | | allocation fund once a
cumulative total of $100,000 of tax |
4 | | increment revenues has been deposited in
the fund.
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5 | | (3) Certification of the Chief Executive Officer of the |
6 | | municipality
that the municipality has complied with all of |
7 | | the requirements of this Act
during the preceding fiscal |
8 | | year.
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9 | | (4) An opinion of legal counsel that the municipality |
10 | | is in compliance
with this Act.
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11 | | (5) An analysis of the special tax allocation fund |
12 | | which sets forth:
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13 | | (A) the balance in the special tax allocation fund |
14 | | at the beginning of
the fiscal year;
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15 | | (B) all amounts deposited in the special tax |
16 | | allocation fund by source;
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17 | | (C) an itemized list of all expenditures from the |
18 | | special tax
allocation fund by category of
permissible |
19 | | redevelopment project cost; and
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20 | | (D) the balance in the special tax allocation fund |
21 | | at the end of the
fiscal year including a breakdown of |
22 | | that balance by source and a breakdown
of that balance |
23 | | identifying any portion of the balance that is |
24 | | required,
pledged, earmarked, or otherwise designated |
25 | | for payment of or securing of
obligations and |
26 | | anticipated redevelopment project costs. Any portion |
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1 | | of
such ending
balance that has not been identified or |
2 | | is not identified as being required,
pledged, |
3 | | earmarked, or otherwise designated for payment of or |
4 | | securing of
obligations or anticipated redevelopment |
5 | | project costs shall be designated as
surplus as set |
6 | | forth in Section
11-74.6-30 hereof.
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7 | | (6) A description of all property purchased by the |
8 | | municipality within
the redevelopment project area |
9 | | including:
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10 | | (A) Street address.
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11 | | (B) Approximate size or description of property.
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12 | | (C) Purchase price.
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13 | | (D) Seller of property.
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14 | | (7) A statement setting forth all activities |
15 | | undertaken in furtherance
of the objectives of the |
16 | | redevelopment plan, including:
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17 | | (A) Any project implemented in the preceding |
18 | | fiscal year.
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19 | | (B) A description of the redevelopment activities |
20 | | undertaken.
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21 | | (C) A description of any agreements entered into by |
22 | | the municipality
with regard to the disposition or |
23 | | redevelopment of any property within the
redevelopment |
24 | | project area.
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25 | | (D) Additional information on the use of all funds |
26 | | received under this
Division and steps taken by the
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1 | | municipality to achieve the objectives of the |
2 | | redevelopment plan.
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3 | | (E) Information regarding contracts that the |
4 | | municipality's tax
increment advisors or consultants |
5 | | have entered into with entities or persons
that have |
6 | | received, or are receiving, payments financed by tax |
7 | | increment
revenues produced
by the same redevelopment |
8 | | project area.
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9 | | (F) Any reports submitted to the municipality by |
10 | | the joint review
board.
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11 | | (G) A review of public and, to the extent possible, |
12 | | private investment
actually undertaken to date after |
13 | | the effective date of this amendatory Act of
the 91st |
14 | | General Assembly and estimated to be undertaken during |
15 | | the following
year. This review
shall, on a |
16 | | project-by-project basis, set forth the estimated |
17 | | amounts of public
and private investment incurred |
18 | | after the effective date of this amendatory Act
of the |
19 | | 91st General Assembly
and provide the ratio of private |
20 | | investment to public investment to the date of
the |
21 | | report and as estimated to the completion of the |
22 | | redevelopment project.
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23 | | (8) With regard to any obligations issued by the |
24 | | municipality:
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25 | | (A) copies of any official statements; and
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26 | | (B) an analysis prepared by financial advisor or |
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1 | | underwriter setting
forth: (i) nature and term of |
2 | | obligation; and (ii) projected debt service
including |
3 | | required reserves and debt coverage.
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4 | | (9) For special tax allocation funds that have received |
5 | | cumulative
deposits of incremental tax revenues of |
6 | | $100,000 or more, a certified audit
report reviewing |
7 | | compliance with
this Act
performed by an independent public |
8 | | accountant certified and licensed by the
authority of the |
9 | | State of Illinois. The financial portion of the audit
must |
10 | | be conducted in accordance with Standards for Audits of |
11 | | Governmental
Organizations, Programs, Activities, and |
12 | | Functions adopted by the
Comptroller General of the United |
13 | | States (1981), as amended, or the standards
specified
by |
14 | | Section 8-8-5 of the Illinois Municipal Auditing Law of the |
15 | | Illinois
Municipal Code. The audit
report shall contain a |
16 | | letter from the independent certified public accountant
|
17 | | indicating compliance or noncompliance with the |
18 | | requirements
of subsection (o) of Section 11-74.6-10.
|
19 | | (10) A detailed list of jobs created during the fiscal |
20 | | year, both temporary and permanent, along with a |
21 | | description of whether the jobs are in the public or |
22 | | private sector. |
23 | | (e) The joint review board shall meet annually 180 days
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24 | | after the close of the municipal fiscal year or as soon as the |
25 | | redevelopment
project audit for that fiscal year becomes |
26 | | available to review the
effectiveness and status of the |