103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1216

 

Introduced 1/31/2023, by Rep. Kevin Schmidt

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately.


LRB103 05028 AWJ 50041 b

 

 

A BILL FOR

 

HB1216LRB103 05028 AWJ 50041 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Metro
5East Development Act.
 
6    Section 5. Legislative findings and purpose.
7    (a) The General Assembly finds that:
8        (1) blight, deterioration, and decay in the Metro East
9    counties of Madison, Monroe, Randolph, and St. Clair have
10    resulted in the following problems:
11            (A) the inefficient and wasteful use of land
12        resources;
13            (B) the destruction of irreplaceable natural,
14        industrial, recreational, residential, and commercial
15        resources;
16            (C) diminished opportunities for the home-building
17        industry to replace substandard housing and to operate
18        at the industry's highest potential by providing good
19        housing for those who now live in depressed areas and
20        those expected to move to depressed areas in the
21        future;
22            (D) the need for costly public facilities and
23        services at all levels;

 

 

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1            (E) unduly limited housing options for many
2        residents of depressed areas;
3            (F) the failure to make the most economic use of
4        the land available for development in depressed areas;
5            (G) diminished employment and business
6        opportunities for citizens of depressed areas and, as
7        a result, the inability of depressed areas to retain a
8        tax base adequate to support vital services for
9        citizens in those areas, particularly the poor and
10        disadvantaged; and
11            (H) decreased effectiveness of public and private
12        facilities for urban transportation; and
13        (2) better patterns of development and revitalization
14    in the Metro East's depressed areas are essential to
15    accommodate future population growth, to prevent further
16    deterioration of the area and further deterioration of the
17    people's physical and social environment, and to make a
18    positive contribution to improving the overall quality of
19    life in the Metro East's depressed areas;
20        (3) maintenance of the health, welfare, morals, and
21    safety of the depressed area's citizens requires
22    well-planned, diversified, and economically sound
23    community development, including major economic
24    developments in those areas; and
25        (4) desirable community development on a large scale
26    has been prevented by difficulties in:

 

 

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1            (1) obtaining adequate financing at moderate cost
2        for enterprises that involve large initial capital
3        investment, extensive periods before investment can be
4        returned, and regular patterns of return;
5            (2) assembling in a timely manner sufficiently
6        large sites in economically favorable locations at
7        reasonable costs; and
8            (3) making, in a timely and coordinated manner,
9        necessary arrangements among all private and public
10        organizations involved in providing site-related
11        improvements, such as improvements to streets, sewer
12        and water facilities, and other public and community
13        facilities and accommodations.
14    (b) It is the purpose of this Act to address and resolve
15these issues through the creation of the Metro East
16Development Authority.
 
17    Section 10. Definitions. As used in this Act, unless the
18context requires otherwise:
19    "Authority" means the Metro East Development Authority
20created by this Act.
21    "Blighted area" means an area of not less than 2 acres, in
22the aggregate, located within the territorial limits of a
23depressed area and within which commercial, industrial,
24residential, recreational, or educational buildings,
25facilities, or improvements are detrimental to the public

 

 

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1safety, health, morals, or welfare, because of age,
2dilapidation, obsolescence, overcrowding, inadequate
3ventilation, inadequate lighting, inadequate sanitary
4facilities, inadequate utilities, excessive land coverage,
5deleterious land use or layout, or any combination of those
6factors.
7    "Depressed area" means an area in the Metro East that the
8Authority determines needs redevelopment under this Act.
9    "Land development" means the process of clearing and
10grading land; making, installing, or constructing water lines
11and water supply installations, sewer lines, sewage disposal
12installations, steam plants, gas plants, electricity plants,
13roads, streets, curbs, gutters, sidewalks, storm drainage
14facilities, and other installations or work, whether on or off
15the site, which the Authority deems necessary or desirable to
16prepare land for residential, commercial, industrial, or other
17uses or to provide public facilities or services. "Land
18development" further means to construct, acquire by gift or
19purchase, reconstruct, improve, better, or extend any project
20within or without the Metro East area or partially within the
21Metro East area, but in no event farther than 3 miles from the
22territorial boundaries of the Metro East area, and to acquire
23by gift or purchase lands or rights in land in connection
24within the Metro East area.
25    "Metro East" means Madison, Monroe, Randolph, and St.
26Clair counties.

 

 

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1    "Project" means any utility, structure, facility, or other
2undertaking that will implement a defined, organized, planned
3and scheduled, diversified, economically and technologically
4sound, quality community environment, which the Authority is
5authorized to construct, reconstruct, improve, equip, or
6furnish under this Act. "Project" includes, but is not limited
7to, buildings and other facilities intended for use as
8classrooms, laboratories, student residence halls,
9instructional and administrative facilities for students,
10faculty, officers, and employees, motor vehicle parking
11facilities and fixed equipment, industrial or manufacturing
12plants or facilities, any industrial park, any commercial
13facilities, the construction or improvement of streets,
14sidewalks, and sewer and water facilities, the construction of
15schools, parks, playgrounds, community and municipal
16buildings, and the implementation of new community development
17programs. "Project" further includes, but is not limited to,
18apartments, housing facilities, health, hospital and medical
19facilities, stadiums, physical education installations,
20hotels, motels, dormitories, aquariums, museums, convention
21centers, planetariums, civic buildings, nursing homes,
22harbors, and terminal facilities. "Project" does not include
23the financing for or the construction of plants, projects, or
24facilities for (1) the manufacture or generation of electric
25energy in competition with an electric supplier as defined in
26the Electric Supplier Act or (2) the transmission,

 

 

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1distribution, or manufacture of gas in competition with a
2public utility as defined in the Public Utilities Act.
3    "Redevelopment area" means a blighted area to be developed
4in accordance with a redevelopment plan.
5    "Redevelopment plan" means a comprehensive plan developed
6pursuant to this Act for clearing, eliminating,
7rehabilitating, or developing a blighted area and protecting
8adjacent areas, as well as all administrative and financial
9details and proposals necessary to effectuate the plan,
10including, but not limited to, a new community development
11program.
 
12    Section 15. There is created a Metro East Development
13Authority within the State of Illinois. The Authority shall:
14        (1) act as public developer in carrying out community
15    development programs in and for depressed areas;
16        (2) make available adequate assistance necessary for
17    improving depressed areas and to do so through the use of
18    management task force procedures that will rely to the
19    maximum extent on private enterprise;
20        (3) strengthen the capacity of the State and federal
21    governments to make their resources available to the
22    people of depressed areas;
23        (4) increase, for all persons living in depressed
24    areas, the available choices of locations for living and
25    working, by providing a more just economic and social

 

 

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1    environment;
2        (5) encourage the highest economic use of commercial,
3    industrial, residential, recreational, and educational
4    building sites at reasonable costs;
5        (6) use improved technology to produce the large
6    volume of well-designed housing needed to accommodate
7    residents of depressed areas;
8        (7) help create neighborhoods designed for easier
9    access between the places where people live and the place
10    where they work and find recreation;
11        (8) encourage desirable innovations in meeting
12    domestic problems whether physical, economic, or social;
13    and
14        (9) assist, plan, develop, build, or construct within
15    the depressed area any facility or project to enhance the
16    community environment when requested to do so by any
17    State, county, or federal agency, school district,
18    community college, municipality, municipal corporation,
19    special district, authority, local or State public body,
20    commission, public corporation, or entity within that
21    area.
 
22    Section 20. Members; compensation. The Authority shall
23consist of the following members: the Director of Commerce and
24Economic Opportunity or the Director's designee, the Executive
25Director of the Illinois Housing Development Authority or the

 

 

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1Executive Director's designee, the Executive Director of the
2Illinois Finance Authority or the Executive Director's
3designee, 3 members appointed by the chairperson of the county
4board of Madison County, 3 members appointed by the
5chairperson of the county board of Monroe County, 3 members
6appointed by the chairperson of the county board of Randolph
7County, and 3 members appointed by the chairperson of the
8county board of St. Clair County. The other member of the
9Authority shall be appointed by the Governor, by and with the
10advice and consent of the Senate. One member of the Authority
11shall be designated as chairperson by the members of the
12Authority.
13    If the Senate is not in session when the appointment is
14made, the Governor shall make a temporary appointment as in
15the case of a vacancy. The member appointed by the Governor
16shall serve for a 4-year term expiring on the third Monday in
17January or until his or her successor is appointed and
18qualified. Any vacancy occurring in the office held by the
19member appointed by the Governor, whether by death,
20resignation, or otherwise, shall be filled by the Governor in
21the same manner as the original appointment. A member
22appointed to fill a vacancy shall serve for the remainder of
23the unexpired term or until his or her successor is appointed
24and qualified.
25    Members of the Authority shall serve without compensation
26but shall be reimbursed for their reasonable expenses

 

 

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1necessarily incurred in the performance of their duties and
2the exercise of their powers under this Act. Each member
3shall, before entering upon the duties of his or her office,
4take and subscribe to the constitutional oath of office. The
5oath shall be filed in the office of the Secretary of State.
 
6    Section 25. Meetings. The Authority shall meet at the
7times and places as determined by the Authority or on call of
8the chairman after at least 5 days' written notice to the
9members or the request of 2 or more members. Seven members
10shall constitute a quorum. No vacancy in the membership shall
11impair the right of a quorum of the members to exercise all of
12the rights and powers, and to perform all of the duties, of the
13Authority.
 
14    Section 30. Executive director; other employees. The
15Authority may employ and fix the compensation of an executive
16director, to serve as the chief executive officer of the
17Authority, and other agents or employees as it considers
18necessary or desirable. Agents and employees, other than of
19technical or engineering personnel, are subject to the
20Personnel Code. If any employees are transferred to the
21Authority from any other State agency, the transfer does not
22affect the status of the employees under the Personnel Code,
23under any retirement system under the Illinois Pension Code,
24or under any civil service, merit service, or other law

 

 

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1relating to State employment.
 
2    Section 35. Rights, powers, and duties. The Authority has
3the following rights, powers, and duties:
4        (1) To sue and be sued, implead and be impleaded, and
5    complain and defend in all courts.
6        (2) To adopt rules for the management and regulation
7    of its affairs.
8        (3) To acquire, by purchase or gift, and hold or
9    dispose of real or personal property or rights or
10    interests in those gifts or property.
11        (4) To accept loans or grants of money or materials or
12    property of any kind from a federal or State agency or
13    department or others, upon terms and conditions as may be
14    imposed by the federal or State agency or department.
15        (5) To borrow money to implement any project or any
16    combination of projects.
17        (6) To recommend the issuance of revenue bonds to
18    implement any project or combination of projects.
19        (7) To make contracts and leases, exercise all
20    instruments, and perform all acts and do all things
21    necessary or convenient to carry out the powers granted in
22    this Act.
23        (8) To develop and recommend to the depressed areas of
24    the Metro East a redevelopment plan for community growth
25    and development of depressed areas.

 

 

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1        (9) To collect, analyze, and evaluate statistics,
2    data, and other information (including demographic,
3    economic, social, environmental and governmental
4    information) as will enable the Authority to transmit to
5    the corporate authorities within the Metro East depressed
6    areas, at the beginning of each year, a required report on
7    the growth of depressed areas for the year passed. Such
8    report shall include, but not be limited to:
9            (A) information and statistics describing
10        characteristics of depressed areas growth and
11        stabilization and identifying significant trends and
12        developments;
13            (B) a summary of significant problems facing
14        depressed areas as to their growth trends and
15        development;
16            (C) an evaluation of the progress and
17        effectiveness of federal, State, and local programs
18        designed to meet problems facing depressed areas and
19        to carry out the depressed areas urban growth
20        policies;
21            (D) an assessment of the policies and structures
22        of existing and proposed interstate and regional
23        planning and development affecting these policies; and
24            (E) a review of State, federal, local, and private
25        policies, plans, and programs relevant to the
26        Authority's policies.

 

 

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1        (10) To lease or rent any of the housing or other
2    accommodations or any of the lands, buildings, structures,
3    or facilities in which the Authority holds fee simple or
4    lesser interest, and to otherwise sell, exchange,
5    transfer, or assign any property, real or personal, or any
6    interest in any property, and to own, hold, clear, and
7    improve property.
8        (11) To acquire by purchase, gift, or as otherwise
9    provided in this Act the fee simple or lesser title to all
10    or any part of the real property in any redevelopment
11    area.
12        (12) To renovate or rehabilitate any structure or
13    building acquired, or, if any structure or building or the
14    land supporting it has been acquired, to permit the owner
15    to renovate or rebuild the structure or building in
16    accordance with a redevelopment plan.
17        (13) To install, repair, construct, reconstruct, or
18    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
21    redevelopment plan.
22        (14) To mortgage or convey real or personal property
23    acquired for use in accordance with a redevelopment plan.
24        (15) To borrow money, apply for and accept advances,
25    loans, gifts, grants, contributions, services, or other
26    financial assistance from the federal government or any

 

 

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1    agency or instrumentality of the federal government, the
2    State, county, municipality, or other public body or from
3    any source, public or private, for or in aid of any of the
4    purposes of the redevelopment plan, and to secure the
5    payment of any loans or advances by the issuance of
6    revenue bonds and by the pledge of any loan, grant, or
7    contribution, or any part of those, or the contracts, to
8    be received from the federal government or any agency or
9    instrumentality of the federal government, and to enter
10    into and carry out contracts in connection with these
11    activities.
12        (16) To create parks, playgrounds, recreational
13    community education, or water, sewer, or drainage
14    facilities, or any other work which it is otherwise
15    empowered to undertake, adjacent to or in connection with
16    housing projects.
17        (17) To dedicate, sell, convey, or lease any of its
18    interests in any property, or grant easements, licenses,
19    or other rights or privileges therein to a public housing
20    development body or the federal or State governments.
21        (18) To exercise all powers available to land
22    clearance commissions under the Blighted Areas
23    Redevelopment Act of 1947, as now or hereafter amended,
24    and to initiate and implement slum and blighted areas
25    redevelopment projects. However, the Authority shall not
26    exercise eminent domain powers under the Blighted Areas

 

 

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1    Redevelopment Act of 1947, and with reference to the
2    exercise of eminent domain authority, this Act shall
3    control.
4        (19) To develop a comprehensive redevelopment plan for
5    each neighborhood in the depressed area.
6        (20) To hold public hearings on redevelopment plans.
7        (21) To fix, alter, charge, and collect fees, rentals,
8    and other charges for the use of the facilities of or for
9    the services rendered by the Authority, or projects of the
10    Authority, at rates to be determined by agreement or
11    otherwise, for the purpose of providing for the expenses
12    of the Authority, the construction, improvement, repair,
13    equipping, and furnishing of its facilities and
14    properties, the payment of the principal and interest on
15    its obligations and to fulfill the terms and provisions of
16    any agreements made with the purchasers or holders of any
17    obligations. The fees, rentals, and other charges include
18    charges for interest due bond holders on all outstanding
19    construction and improvement, and engineering and
20    administration costs not reimbursed to the Authority, and
21    include charges to reimburse completely the Authority
22    beginning in an appropriate year for the principal on the
23    bonds within a period of years specified by the Authority
24    to meet its bond payment schedules.
25        (22) To borrow money under a revenue bond ordinance or
26    resolution passed by the Authority within 4 years after

 

 

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1    the effective date of this Act, for the acquisition,
2    construction, and improvement of projects in amounts as
3    necessary for defraying the cost of the projects and to
4    secure the payment of all or any of its revenues, rentals,
5    and receipts, and to make agreements with the purchasers
6    or holders of the bonds or with others in connection with
7    any bonds whether issued or to be issued, as the Authority
8    deems advisable and, in general, to provide for the
9    security of the bonds and the rights of the holders of the
10    bonds.
11        However, bonds may not be issued by the Authority
12    unless the Authority offers, in writing, to the State
13    agencies or counties represented by members on the
14    Authority, excluding the member appointed by the Governor,
15    the first opportunity to issue revenue bonds for the
16    project or combination of projects. If the offer to issue
17    bonds is not accepted in writing within 6 weeks, by any of
18    the agencies or municipalities, the Authority may issue
19    revenue bonds for the purpose for which the bonding
20    opportunity was offered to the agencies or municipalities.
21        (23) To provide that any real property sold by the
22    Authority is used in accordance with the final
23    redevelopment plan, and the Authority shall inquire into
24    and satisfy themselves concerning the financial ability of
25    the purchaser to complete the redevelopment in accordance
26    with the redevelopment plan and shall require the

 

 

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1    purchaser to execute in writing such undertakings as the
2    Authority deems necessary to obligate the purchaser to:
3            (A) use the land for the purposes designated in
4        the approved plan;
5            (B) commence and complete the building of the
6        improvements within the periods of time which the
7        Authority fixes as reasonable; and
8            (C) comply with other conditions as are necessary
9        to carry out the purposes of the final redevelopment
10        plan.
11        (24) To sell any property within a redevelopment area
12    that the Authority holds the fee simple title or any
13    lesser interest, provided that all real property shall be
14    sold for at least its use value, which may be less than its
15    acquisition cost.
16        (25) To pledge, hypothecate, or otherwise encumber all
17    or any of the revenues or receipts of the Authority as
18    security for all or any of the obligations of the
19    Authority.
20        (26) To pass all resolutions and make all rules and
21    regulations proper and necessary to give effect to the
22    power granted to the Authority under this Act.
 
23    Section 45. Depressed areas.
24    (a) The Authority shall, by resolution, perform an initial
25study and survey to determine what areas will be considered a

 

 

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1depressed area that contains a blighted area.
2    In making the study and survey, the Authority shall:
3        (1) cooperate with and use evidence gathered by any
4    public or private organization relative to the existence
5    or extent of blight in the depressed area;
6        (2) hold public hearings, conduct investigations, hear
7    testimony, and gather evidence relating to blight and its
8    elimination;
9        (3) create an advisory committee of not less than 11
10    persons, to be appointed by the chairperson, with the
11    approval of the Authority, and the committee shall consist
12    of representatives from among local merchants, property
13    owners, associations, human relations commissions, labor
14    organizations, and other civic groups; and
15        (4) formulate a proposed redevelopment plan for Metro
16    East blighted areas, provided that the plan has received
17    the approval and recommendations of a two-thirds majority
18    vote of the members.
19    (b) If, as a result of their initial study and survey, the
20Authority determines that the depressed areas have one or more
21commercially, industrially, residentially, recreationally,
22educationally, or other blighted areas, the Authority may, by
23resolution, set forth the boundaries of each blighted area and
24the factors that exist in the blighted area that are
25detrimental to the public health, safety, morals, and welfare.
26    In the same resolution, the Authority may provide for a

 

 

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1public hearing on the designation of an area as a blighted area
2and may submit proposed redevelopment plans for the blighted
3area.
4    At least 20 days before the hearing, the Authority shall
5give notice of the hearing by publication at least once in a
6newspaper of general circulation within the depressed area.
7    (c) At the hearing on the designation of an area as a
8blighted area, the Authority shall introduce the testimony and
9evidence that entered into their decision to declare an area a
10blighted area, and shall enter into the record of the
11proceedings all proposed redevelopment plans received at or
12prior to the hearing. All interested persons may appear and
13shall be given an opportunity to testify for or against any
14proposed redevelopment plan. The hearing may be continued from
15time to time at the discretion of the Authority to allow
16necessary changes in any proposed plan or to hear or receive
17additional testimony from interested persons.
18    (d) At the conclusion of the hearing on blight, the
19Authority shall formulate and publish a final redevelopment
20plan for the blighted area after approval of a two-thirds
21majority vote of the members of the advisory committee, which
22plan may incorporate any exhibit, plan, proposal, feature,
23model, or testimony resulting from the hearing. The final
24redevelopment plan shall be presented to the corporate
25authorities in the territory covered by the redevelopment
26plan. The final redevelopment plan shall be made available for

 

 

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1inspection by all interested parties.
2    (e) Within 30 days after the publication of a final
3redevelopment plan, any person aggrieved by the action of the
4Authority may seek a review of the decision and the
5redevelopment plan under the Administrative Review Law. The
6provisions of that Law and the rules adopted pursuant to that
7Law shall apply to review of the final redevelopment plan. If
8no action is initiated under the Administrative Review Law, or
9if the court sustains the Authority and the redevelopment plan
10as presented, or as amended by the court, the Authority may
11proceed to carry out the final redevelopment plan.
 
12    Section 50. Debt; bonds. The Authority is authorized and
13empowered to incur indebtedness and issue revenue bonds in
14compliance with paragraph (22) of Section 35 for the purpose
15of raising funds for carrying out the provisions of a final
16redevelopment plan providing for the eradication and
17elimination of blight and acquisition, development or
18redevelopment of blight areas and any other area which may
19constitute a redevelopment area within the depressed area. The
20resolution of the Authority authorizing the issuance of
21revenue bonds shall specify the total amount of the bonds to be
22issued, the form and denomination, the date or dates of
23maturity which shall not be later than 20 years after the date
24of issuance, and the rate of interest, which rate shall not
25exceed the rate permitted in the Bond Authorization Act. The

 

 

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1bonds shall be executed by the officials under the bond
2ordinance. The bonds may be made registrable to principal and
3may be made callable on any interest payment date at par and
4accrued interest after notice has been given in the manner
5provided by the bond ordinance. The bonds shall remain valid
6even though one or more of the officials executing the bonds
7cease to hold office before the bonds are delivered.
8    The bonds shall contain a provision that the principal and
9interest on the principal are payable exclusively from the
10proceeds and revenues of any redevelopment plan which is
11financed in whole or in part with the proceeds of the bonds,
12together with whatever funds of the Authority from whatever
13source derived as are necessary to constitute a local matching
14cash grant-in-aid or contribution for the redevelopment plan
15within the meaning of any applicable federal or State law.
16Bonds may be additionally secured by a pledge of any loan,
17grant or contribution, or any part of a loan, grant, or
18contribution, received from the United States, or any agency
19or instrumentality of the United States, or any loan, grant,
20or contribution from any other public or private body,
21instrumentality, corporation, or individual, or any duly
22executed contract for the pledge, loan, grant, or
23contribution.
24    The officials executing the revenue bonds are not
25personally liable on the bonds because of their issuance. The
26bonds are not a debt of any county or the State, or any

 

 

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1subdivision of the county or State. The bonds are not payable
2out of any funds of the Authority except those indicated in
3this Act.
4    In connection with the issuance of the revenue bonds
5authorized by this Act and in order to secure the payment of
6the bonds, the Authority may recommend to the corporate
7authority in which the redevelopment plan is proposed subject
8to the powers and limitations contained in this Act, that the
9corporate authority convene and agree in the bonds, bond
10ordinance, or resolution, or any trust agreement executed
11pursuant thereto, to any necessary condition, power, duty,
12liability, or procedure for the issuance, payment, redemption,
13security, marketing, replacement, or refinancing of the bonds,
14and the use, disposition or control of all or any part of the
15revenues realized from a redevelopment or new community plan.
16    The revenue bonds issued pursuant to a resolution passed
17by the Authority shall be sold to the highest and best bidder
18at not less than their par value and accrued interest. The
19Authority shall, from time to time as bonds are to be sold,
20advertise for proposals to purchase the bonds. Each
21advertisement may be published in newspapers and journals as
22the Authority determines, but must be published at least once
23in a newspaper having a general circulation in the respective
24area at least 10 days prior to the date of the opening of the
25bids. The Authority may reserve the rights to reject any and
26all bids and readvertise for bids.

 

 

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1    The bonds may be issued without submitting any proposition
2to the electorate by referendum or otherwise.
 
3    Section 55. Public hearing. Before any proposed new
4construction of a specific project or proposed rehabilitation
5project is commenced by the Authority, a public hearing must
6be held by the Authority affording interested persons residing
7in the area an opportunity to be heard. There shall be a notice
8of the time and place of the hearing published at least once,
9not more than 30 and not less than 15 days before the hearing,
10in one or more newspapers published in the county that the area
11of the project is within. This notice shall contain the
12particular site and location to be affected as well as a brief
13statement of what is proposed in the project.
 
14    Section 60. Deeds. Any deed executed by the Authority
15under this Act may contain restrictions as may be required by
16the final redevelopment plan and necessary building and zoning
17ordinances. All deeds of conveyance shall be executed in the
18name of the Authority and the seal of the Authority shall be
19attached to the deeds.
 
20    Section 65. Demolition and removal of buildings. The
21Authority may enter into contracts for the demolition or
22removal of buildings and for the removal of any debris. The
23Authority shall advertise for sealed bids for doing this work.

 

 

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1The advertisement shall describe by street number or other
2means of identification the location of buildings to be
3demolished or removed and the time and place when sealed bids
4for the work may be delivered to the Authority. The
5advertisement shall be published once in a newspaper having a
6general circulation in the respective area 20 days prior to
7the date for receiving bids.
8    The contract for doing the work shall be let to the lowest
9responsible bidder, but the Authority may reject any and all
10bids received and readvertise for bids. Any contract entered
11into by the Authority under this Section shall contain
12provisions requiring the contractor to give bond in an amount
13to be determined by the Authority, and shall require the
14contractor to furnish insurance of a character and amount to
15be determined by the Authority protecting the Authority and
16the municipality, its officers, agents, and employees against
17any claims for personal injuries, including death and property
18damage which may be asserted because of the contract. The
19Authority may include in any advertisement and in the contract
20one or more buildings as they in their sole discretion may
21determine.
 
22    Section 70. Streets. In carrying out the provisions of a
23final redevelopment plan, the Authority may pave and improve
24streets in the redevelopment area, construct walks, and
25install or relocate sewers, water pipes, and other similar

 

 

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1facilities. The Authority shall advertise for sealed bids
2before paving and improving streets. The advertisement shall
3describe the nature of the work to be performed and the time
4when and place where sealed bids for the work may be delivered
5to the Authority. The advertisement shall be published once in
6a newspaper having a general circulation in the county at
7least 20 days prior to the date for receiving bids. A contract
8for doing the work shall be let to the lowest responsible
9bidder, but the Authority may reject any and all bids received
10and readvertise for bids. The contractor shall enter into bond
11as a condition for the faithful performance of the contract.
12The sureties on the bond shall be approved by the Authority.
 
13    Section 75. Real property. When the Authority has acquired
14title to, and possession of any or all real property in the
15redevelopment area, they may convey any part of the
16redevelopment area to which the Authority holds the fee simple
17title or any lesser interest to any public body, or
18State-chartered corporation, having jurisdiction over schools,
19parks, low or moderate housing, or playgrounds in the area.
20The property conveyed shall be used for parks, playgrounds,
21schools, housing for low or moderate income families, and
22other public purposes as the Authority may determine. The
23Authority may charge for the conveyance whatever price they
24and the officials of the public bodies, or State-chartered
25corporations, receiving the land may agree upon. The Authority

 

 

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1may also grant, with or without charge, easements for public
2utilities, sewerage, and other similar facilities.
 
3    Section 80. Cost of construction. The cost of construction
4of any project includes the following:
5        (1) Obligations incurred for labor, and to
6    contractors, builders, and material men, in connection
7    with the construction of any project or projects, for
8    machinery and equipment and for the restoration of
9    property damaged or destroyed in connection with
10    construction.
11        (2) The cost of acquiring any property, real,
12    personal, or mixed, tangible or intangible, or any
13    interest property, necessary or desirable for the
14    construction of any a project or projects.
15        (3) The principal and interest requirements upon any
16    bonds for the period during which, and to the extent, the
17    rentals received by the Authority from a project or
18    projects shall be insufficient for the payment of the
19    bond, the fees and expenses of the fiscal agent of the
20    Authority in respect of the bonds during any period, and
21    the reasonable fees and expenses of any paying agents for
22    the bonds during this period.
23        (4) The taxes or other municipal or governmental
24    charges, if any, in connection with any project or
25    projects during construction.

 

 

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1        (5) The cost and expenses of preliminary
2    investigations of the feasibility or practicality of
3    constructing any project or projects and fees and expenses
4    of engineers for making preliminary studies, surveys,
5    repairs, estimates, and for preparing plans and
6    specifications and supervising construction as well as for
7    the performance of all other duties of engineers in
8    relation to construction or the issuance of bonds for
9    construction.
10        (6) Expenses of administration properly chargeable to
11    any project or projects during construction, legal
12    expenses and fees, financing, relating charges, costs of
13    audits and of preparing and issuing bonds, and all other
14    items of expense not elsewhere specified, relating to the
15    construction of any project, and the acquisition of lands,
16    property rights, rights of way, franchises, easements, and
17    interest inland, including abstracts of title, title
18    insurance, title opinions, costs of surveys, reports, and
19    other expenses in connection with the acquisition of these
20    items.
 
21    Section 85. Territory outside the Metro East. The
22Authority may not construct, acquire by gift or purchase,
23reconstruct, improve, better, or extend any project farther
24than 3 miles from the territorial boundaries of the Metro
25East.
 

 

 

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1    Section 90. Obligations of the State and units of local
2government. The Authority shall not have any power to pledge
3the credit or taxing power of the State or any unit of local
4government. The Authority's obligations are not obligations of
5the State or any unit of local government.
 
6    Section 95. Financial report. Within 60 days after the end
7of each fiscal year, the Authority shall have prepared, by a
8certified public accountant, a complete and detailed financial
9report of the operation, assets, and liabilities of the
10Authority. A sufficient number of copies of the report shall
11be prepared for distribution to interested persons, upon
12request, and a copy of the report shall be filed with the
13Governor and the General Assembly.
 
14    Section 100. Investigation of projects. The Authority may
15investigate conditions in any project in which it has an
16interest. While conducting investigations, the Authority may
17hold public hearings on its own motion, and shall do so on
18complaint or petition of any interested person. Each member of
19the Authority shall have power to administer oaths, and the
20secretary, by order of the Authority, shall issue subpoenas to
21secure the attendance and testimony of witnesses, and the
22production of books and papers, before the Authority or before
23any member thereof or any officer or committee appointed by

 

 

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1the Authority.
2    While conducting any investigation, the Authority shall,
3at its expense, provide a stenographer to take down all
4testimony and shall preserve a record of the proceedings. The
5notice of hearing, complaint, and all other documents in the
6nature of pleading and written motions and orders of decision
7of the Authority shall constitute the record of the
8proceedings.
9    The Authority is not required to testify and record or
10file any answer, or otherwise respond in any proceedings for
11judicial review of an administrative decision, unless the
12party asking for review deposits with the clerk of the court
13the sum of $1 per page of records of the proceedings, which is
14the cost of the certification of the proceedings. Failure to
15make this deposit is ground for dismissal of any action.
 
16    Section 105. Judicial review. All final administrative
17decisions of the Authority shall be subject to judicial review
18under the provisions of the Administrative Review Law and the
19rules adopted pursuant to the Administrative Review Law. For
20purposes of this Section, "administrative decision" has the
21meaning given to that term in Section 3-101 of the Code of
22Civil Procedure.
 
23    Section 110. Limitation of authority. The powers contained
24in this Act shall not be exercised by the Authority:

 

 

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1        (1) within the boundaries of any municipality, or
2    within the boundaries of any territory over which a
3    municipality has jurisdiction, unless the exercise of the
4    powers have been approved by the mayor or village
5    president of the municipality; or
6        (2) within the boundaries of any unincorporated area
7    of a township unless the exercise of the powers have been
8    approved by the supervisor of the township.
 
9    Section 999. Effective date. This Act takes effect upon
10becoming law.