Illinois General Assembly - Full Text of HB0311
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Full Text of HB0311  102nd General Assembly

HB0311 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0311

 

Introduced 1/29/2021, by Rep. LaToya Greenwood

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Metro East Development Act. States legislative findings for the need to create a Metro East Development Authority, including the need to develop and revitalize depressed areas of the Metro East. Defines "Metro East" as Madison, Monroe, Randolph, and St. Clair counties. Provides for the creation of the Authority, including the appointment of 12 members by the chairperson of each Metro East county; by the Director of Commerce and Economic Opportunity; by the executive directors of the Illinois Housing Development Authority and the Illinois Finance Authority; and by the Governor. 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 areas that contain a commercially, industrially, residentially, recreationally, educationally, or other 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


LRB102 10170 AWJ 15492 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE DEBT IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0311LRB102 10170 AWJ 15492 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. Findings. The General Assembly finds that
7blight, deterioration, and decay in the Metro East counties of
8Madison, Monroe, Randolph, and St. Clair have resulted in (a)
9inefficient and wasteful use of land resources; (b)
10destruction of irreplaceable natural, industrial,
11recreational, housing, and commercial resources; (c)
12diminished opportunity for the private home building industry
13to operate at its highest potential capacity in providing good
14housing needed for those who now live in depressed areas and
15those expected to move to depressed areas in the future, and to
16replace substandard housing; (d) the need for costly and
17effective public facilities and services at all levels; (e)
18unduly limited options for many depressed areas residents as
19to where they may live, and the types of housing and
20environment in which they may live; (f) a failure to make the
21most economical use of the land available for development in
22depressed areas; (g) decreasing employment and business
23opportunities for the citizens of depressed areas, and the

 

 

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1inability of depressed areas to retain a tax base adequate to
2support vital services for all our citizens, particularly our
3poor and disadvantaged; and (h) the decreased effectiveness of
4public and private facilities for urban transportation.
5    The General Assembly finds that better patterns of
6development and revitalization in the Metro East depressed
7areas are essential to accommodate future population growth;
8to prevent further deterioration of the area and the people's
9physical and social environment; and to make a positive
10contribution to improving the overall quality of life in the
11depressed areas of the Metro East. The General Assembly finds
12that the health, welfare, morals, and safety of its citizens
13require the encouragement of well planned, diversified, and
14economically sound community development, including major
15additions to existing areas of depression. The General
16Assembly finds that desirable community development on a
17significantly large scale has been prevented by difficulties
18in (a) obtaining adequate financing at moderate cost for
19enterprises which involve large initial capital investment,
20extensive periods before investment can be returned, and
21regular patterns of return; (b) the timely assembly of
22sufficiently large sites in economically favorable locations
23at reasonable costs; and (c) making necessary arrangements
24among all private and public organizations involved, for
25providing site and related improvements (including streets,
26sewer and water facilities, and other public and community

 

 

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1facilities) in a timely and coordinated manner.
 
2    Section 10. Definitions. As used in this Act, unless the
3context requires otherwise:
4    "Authority" means the Metro East Development Authority
5created by this Act.
6    "Blighted area" means an area of not less, in the
7aggregate, than 2 acres located within the territorial limits
8of depressed areas in the Metro East where commercial,
9industrial, residential, recreational, educational, or any
10other buildings or improvements, because of age, dilapidation,
11obsolescence, overcrowding, lack of ventilation, light,
12sanitary facilities, adequate utilities, or excessive land
13coverage, deleterious land use or layout or any combination of
14these factors, are detrimental to the public safety, health,
15morals, or welfare.
16    "Depressed area" means an area in the Metro East that the
17Authority determines needs redevelopment under this Act.
18    "Land development" means the process of clearing and
19grading land; making, installing, or constructing water lines
20and water supply installations, sewer lines and sewage
21disposal installations; steam, gas, and electrical plants and
22installations; roads, streets, curbs, gutters, sidewalks,
23storm drainage facilities, and other installations or work,
24whether on or off the site, which the Authority deems
25necessary or desirable to prepare land for residential,

 

 

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1commercial, industrial, or other uses; or in providing
2facilities for public or other facilities. "Land development"
3further means to construct, acquire by gift or purchase,
4reconstruct, improve, better or extend any project within or
5without the Metro East area or partially within the Metro East
6area, but in no event farther than 3 miles from the territorial
7boundaries of the Metro East area, and to acquire by gift or
8purchase lands or rights in land in connection within the
9Metro East area.
10    "Metro East" means Madison, Monroe, Randolph, and St.
11Clair counties.
12    "Project" means any utility, structure, facility or other
13undertaking which will implement a defined, organized, planned
14and scheduled, diversified, economically and technologically
15sound, quality community environment, which the authority is
16authorized to construct, reconstruct, improve, equip or
17furnish under this Act. "Project" includes, but is not limited
18to, buildings and other facilities intended for use as
19classrooms, laboratories, student residence halls,
20instructional and administrative facilities for students,
21faculty, officers and employees, and motor vehicle parking
22facilities and fixed equipment, and industrial or
23manufacturing plants or facilities, any industrial park, any
24commercial facilities, the construction or improvement of
25streets, sidewalks, and sewer and water facilities, the
26construction of schools, parks, playgrounds, community and

 

 

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1municipal buildings, and the implementation of new community
2development programs. "Project" further includes, but is not
3limited to, apartments, housing facilities, health, hospital
4and medical facilities, stadiums, physical education
5installations, hotels, motels, dormitories, New Town Programs,
6aquariums, museums, convention centers, planetariums, civic
7buildings, nursing homes, harbors, and terminal facilities.
8"Project" does not include the financing for or the
9construction of plants, projects, or facilities for (1) the
10manufacture or generation of electric energy in competition
11with an electric supplier as defined in the Electric Supplier
12Act or (2) the transmission, distribution or manufacture of
13gas in competition with a public utility as defined in the
14Public Utilities Act.
15    "Redevelopment area" means the blighted area of not less
16in the aggregate than 2 acres, to be developed in accordance
17with the redevelopment plan.
18    "Redevelopment plan" means the comprehensive process for
19the clearing or rehabilitation and physical development of a
20commercial, industrial, residential, recreational, or
21educational blighted area, and necessary for the elimination
22or rehabilitation of a residential, commercial, or
23industrially blighted area and the protection of adjacent
24areas, and all administrative, funding, and financial details
25and proposals necessary to effectuate the plan, including, but
26not limited to, a new community development program.
 

 

 

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1    Section 15. There is created a Metro East Development
2Authority within the State of Illinois. The Authority shall:
3        (1) act as public developer in carrying out community
4    development programs in and for Metro East depressed areas
5    of the State of Illinois;
6        (2) make available adequate management, administrative
7    and technical, financial, and other assistance necessary
8    for encouraging the defined, organized, planned and
9    scheduled, diversified, economically and technologically
10    sound, quality community environment in depressed areas,
11    and to do so through the use of management task force
12    procedures which will rely to the maximum extent on
13    private enterprise;
14        (3) strengthen the capacity of the State and federal
15    governments to make their resources available to the
16    people of Metro East depressed areas;
17        (4) increase for all persons living in depressed areas
18    the available choices of locations for living and working
19    by providing a more just economic and social environment;
20        (5) encourage the fullest utilization of the economic
21    potential of supply of commercial, industrial,
22    residential, recreational, and educational building sites
23    at reasonable costs;
24        (6) utilize improved technology in producing the large
25    volume of well-designed housing needed to accommodate the

 

 

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1    people of depressed areas;
2        (7) help create neighborhoods designed for easier
3    access between the places where people live and the place
4    where they work and find recreation;
5        (8) encourage desirable innovations in meeting
6    domestic problems whether physical, economical, or social;
7    and
8        (9) assist, plan, develop, build, and construct any
9    facility or project to enhance the community environment
10    and technological management when requested to do so by
11    any State, county, or federal agency, school district,
12    community college, municipality, municipal corporation,
13    special district, authority, local or State public body,
14    commission, public corporation, or entity within Metro
15    East depressed areas.
 
16    Section 20. Members; compensation. The Authority shall
17consist of 12 members, including as members the Director of
18Commerce and Economic Opportunity or his or her designee, the
19Executive Director of the Illinois Housing Development
20Authority or his or her designee, the Executive Director of
21the Illinois Finance Authority or his or her designee, and 2
22members appointed by the chairperson of each of the following
23county boards: Madison, Monroe, Randolph, and St. Clair
24Counties. The other member of the Authority shall be appointed
25by the Governor, by and with the advice and consent of the

 

 

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1Senate. One member of the Authority shall be designated as
2chairperson by the members of the Authority.
3    If the Senate is not in session when the appointment is
4made, the Governor shall make a temporary appointment as in
5the case of a vacancy. The member appointed by the Governor
6shall serve for a 4-year term expiring on the third Monday in
7January or until his or her successor is appointed and
8qualified. Any vacancy occurring in the office held by the
9member appointed by the Governor, whether by death,
10resignation, or otherwise, shall be filled by the Governor in
11the same manner as the original appointment. A member
12appointed to fill a vacancy shall serve for the remainder of
13the unexpired term or until his or her successor is appointed
14and qualified.
15    Members of the Authority shall serve without compensation
16but shall be reimbursed for their reasonable expenses
17necessarily incurred in the performance of their duties and
18the exercise of their powers under this Act. Each member
19shall, before entering upon the duties of his or her office,
20take and subscribe to the constitutional oath of office. The
21oath shall be filed in the office of the Secretary of State.
 
22    Section 25. Meetings. The Authority shall meet at the
23times and places as determined by the Authority or on call of
24the chairman after at least 5 days' written notice to the
25members or the request of 2 or more members. Seven members

 

 

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1shall constitute a quorum. No vacancy in the membership shall
2impair the right of a quorum of the members to exercise all of
3the rights and powers, and to perform all of the duties, of the
4Authority.
 
5    Section 30. Executive director; other employees. The
6Authority may employ and fix the compensation of an executive
7director, to serve as the chief executive officer of the
8Authority, and other agents or employees as it considers
9necessary or desirable. Agents and employees, other than of
10technical or engineering personnel, are subject to the
11Personnel Code. If any employees are transferred to the
12Authority from any other State agency, the transfer does not
13affect the status of the employees under the Personnel Code,
14under any retirement system under the Illinois Pension Code,
15or under any civil service, merit service, or other law
16relating to State employment.
 
17    Section 35. Rights, powers, and duties. The Authority has
18the following rights, powers, and duties:
19        (1) To sue and be sued, implead and be impleaded,
20    complain and defend in all courts.
21        (2) To make regulations for the management and
22    regulation of its affairs.
23        (3) To acquire by purchase or gift, and hold or
24    dispose of real or personal property, or rights or

 

 

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1    interests in these gifts or real or personal property.
2        (4) To accept loans or grants of money or materials or
3    property of any kind from a federal or State agency or
4    department or others, upon terms and conditions as may be
5    imposed by the federal or State agency or department.
6        (5) To borrow money to implement any project or any
7    combination of projects.
8        (6) To recommend the issuance of revenue bonds to
9    implement any project or combination of projects.
10        (7) To make contracts and leases, exercise all
11    instruments, and perform all acts and do all things
12    necessary or convenient to carry out the powers granted in
13    this Act.
14        (8) To develop and recommend to the depressed areas of
15    the Metro East a long range comprehensive master
16    redevelopment plan for community growth and development of
17    depressed areas including assisting in the preparation of
18    new town applications to the United States Department of
19    Housing and Urban Development.
20        (9) To collect, analyze, and evaluate statistics,
21    data, and other information (including demographic,
22    economic, social, environmental and governmental
23    information) as will enable the Authority to transmit to
24    the corporate authorities within the Metro East depressed
25    areas, at the beginning of each year, a required report on
26    the growth of depressed areas for the year passed. Such

 

 

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1    report shall include, but not be limited to:
2            (A) information and statistics describing
3        characteristics of depressed areas growth and
4        stabilization and identifying significant trends and
5        developments;
6            (B) a summary of significant problems facing
7        depressed areas as to their growth trends and
8        development;
9            (C) an evaluation of the progress and
10        effectiveness of federal, State, and local programs
11        designed to meet problems facing depressed areas and
12        to carry out the depressed areas urban growth
13        policies;
14            (D) an assessment of the policies and structures
15        of existing and proposed interstate and regional
16        planning and development affecting these policies; and
17            (E) a review of State, federal, local, and private
18        policies, plans, and programs relevant to the
19        Authority's policies.
20        (10) To lease or rent any of the housing or other
21    accommodations or any of the lands, buildings, structures,
22    or facilities in which the Authority holds fee simple or
23    lesser interest, and to otherwise sell, exchange,
24    transfer, or assign any property, real or personal, or any
25    interest in any property, and to own, hold, clear, and
26    improve property.

 

 

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1        (11) To acquire by purchase, gift, or as otherwise
2    provided in this Act the fee simple or lesser title to all
3    or any part of the real property in any redevelopment
4    area.
5        (12) To renovate or rehabilitate any structure or
6    building acquired, or, if any structure or building or the
7    land supporting it has been acquired, to permit the owner
8    to renovate or rebuild the structure or building in
9    accordance with a redevelopment plan.
10        (13) To install, repair, construct, reconstruct, or
11    relocate streets, roads, alleys, sidewalks, utilities, and
12    site improvements essential to the preparation of the
13    redevelopment area for use in accordance with a
14    redevelopment plan.
15        (14) To mortgage or convey real or personal property
16    acquired for use in accordance with a redevelopment plan.
17        (15) To borrow money, apply for and accept advances,
18    loans, gifts, grants, contributions, services, or other
19    financial assistance from the federal government or any
20    agency or instrumentality of the federal government, the
21    State, county, municipality, or other public body or from
22    any source, public or private, for or in aid of any of the
23    purposes of the redevelopment plan, and to secure the
24    payment of any loans or advances by the issuance of
25    revenue bonds and by the pledge of any loan, grant, or
26    contribution, or any part of those, or the contracts, to

 

 

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1    be received from the federal government or any agency or
2    instrumentality of the federal government, and to enter
3    into and carry out contracts in connection with these
4    activities.
5        (16) To create parks, playgrounds, recreational
6    community education, or water, sewer, or drainage
7    facilities, or any other work which it is otherwise
8    empowered to undertake, adjacent to or in connection with
9    housing projects.
10        (17) To dedicate, sell, convey, or lease any of its
11    interests in any property, or grant easements, licenses,
12    or other rights or privileges therein to a public housing
13    development body or the federal or State governments.
14        (18) To exercise all powers available to land
15    clearance commissions under the Blighted Areas
16    Redevelopment Act of 1947, as now or hereafter amended,
17    and to initiate and implement slum and blighted areas
18    redevelopment projects. However, the Authority shall not
19    exercise eminent domain powers under the Blighted Areas
20    Redevelopment Act of 1947, and with reference to the
21    exercise of eminent domain authority, this Act shall
22    control.
23        (19) To develop a comprehensive redevelopment plan for
24    each neighborhood in depressed areas.
25        (20) To hold public hearings on redevelopment plans.
26        (21) To fix, alter, charge, and collect fees, rentals,

 

 

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1    and other charges for the use of the facilities of or for
2    the services rendered by the Authority, or projects of the
3    Authority, at rates to be determined by agreement or
4    otherwise, for the purpose of providing for the expenses
5    of the Authority, the construction, improvement, repair,
6    equipping, and furnishing of its facilities and
7    properties, the payment of the principal and interest on
8    its obligations and to fulfill the terms and provisions of
9    any agreements made with the purchasers or holders of any
10    obligations. The fees, rentals, and other charges include
11    charges for interest due bond holders on all outstanding
12    construction and improvement, and engineering and
13    administration costs not reimbursed to the Authority, and
14    include charges to reimburse completely the Authority
15    beginning in an appropriate year for the principal on the
16    bonds within a period of years specified by the Authority
17    to meet its bond payment schedules.
18        (22) To borrow money under a revenue bond ordinance or
19    resolution passed by the Authority within 4 years after
20    the effective date of this Act, for the acquisition,
21    construction, and improvement of projects in amounts as
22    necessary for defraying the cost of the projects and to
23    secure the payment of all or any of its revenues, rentals,
24    and receipts, and to make agreements with the purchasers
25    or holders of the bonds or with others in connection with
26    any bonds whether issued or to be issued, as the Authority

 

 

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1    deems advisable and, in general, to provide for the
2    security of the bonds and the rights of the holders of the
3    bonds.
4        However, bonds may not be issued by the Authority
5    unless the Authority offers, in writing, to the State
6    agencies or counties represented by members on the
7    Authority, excluding the member appointed by the Governor,
8    the first opportunity to issue revenue bonds for the
9    project or combination of projects. If the offer to issue
10    bonds is not accepted in writing within 6 weeks, by any of
11    the agencies or municipalities, the Authority may issue
12    revenue bonds for the purpose for which the bonding
13    opportunity was offered to the agencies or municipalities.
14        (23) To provide that any real property sold by the
15    Authority is used in accordance with the final
16    redevelopment plan, and the Authority shall inquire into
17    and satisfy themselves concerning the financial ability of
18    the purchaser to complete the redevelopment in accordance
19    with the redevelopment plan and shall require the
20    purchaser to execute in writing such undertakings as the
21    Authority deems necessary to obligate the purchaser to:
22            (A) use the land for the purposes designated in
23        the approved plan;
24            (B) commence and complete the building of the
25        improvements within the periods of time which the
26        Authority fixes as reasonable; and

 

 

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1            (C) comply with other conditions as are necessary
2        to carry out the purposes of the final redevelopment
3        plan.
4        (24) To sell any property within a redevelopment area
5    that the Authority holds the fee simple title or any
6    lesser interest, provided that all real property shall be
7    sold for at least its use value, which may be less than its
8    acquisition cost.
9        (25) To pledge, hypothecate, or otherwise encumber all
10    or any of the revenues or receipts of the Authority as
11    security for all or any of the obligations of the
12    Authority.
13        (26) To pass all resolutions and make all rules and
14    regulations proper and necessary to give effect to the
15    power granted the Authority under this Act.
 
16    Section 45. Depressed areas.
17    (a) The Authority shall, by resolution, perform an initial
18study and survey to determine what areas will be considered a
19depressed area that contain commercially, industrially,
20residentially, recreationally, educationally, or other
21blighted areas.
22    In making the study and survey, the Authority shall:
23        (1) cooperate with and use evidence gathered by any
24    public or private organization relative to the existence
25    or extent of blight in the depressed area;

 

 

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

 

 

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1newspaper of general circulation within the depressed area.
2    (c) At the hearing on the designation of an area as a
3blighted area, the Authority shall introduce the testimony and
4evidence that entered into their decision to declare an area a
5blighted area, and shall enter into the record of the
6proceedings all proposed redevelopment plans received at or
7prior to the hearing. All interested persons may appear and
8shall be given an opportunity to testify for or against any
9proposed redevelopment plan. The hearing may be continued from
10time to time at the discretion of the Authority to allow
11necessary changes in any proposed plan or to hear or receive
12additional testimony from interested persons.
13    (d) At the conclusion of the hearing on blight, the
14Authority shall formulate and publish a final redevelopment
15plan for the blighted area after approval of a two-thirds
16majority vote of the members of the advisory committee, which
17plan may incorporate any exhibit, plan, proposal, feature,
18model, or testimony resulting from the hearing. The final
19redevelopment plan shall be presented to the corporate
20authorities in the territory covered by the redevelopment
21plan. The final redevelopment plan shall be made available for
22inspection by all interested parties.
23    (e) Within 30 days after the publication of a final
24redevelopment plan, any person aggrieved by the action of the
25Authority may seek a review of the decision and the
26redevelopment plan under the Administrative Review Law. The

 

 

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1provisions of that Law and the rules adopted pursuant to that
2Law shall apply to review of the final redevelopment plan. If
3no action is initiated under the Administrative Review Law, or
4if the court sustains the Authority and the redevelopment plan
5as presented, or as amended by the court, the Authority may
6proceed to carry out the final redevelopment plan.
 
7    Section 50. Debt; bonds. The Authority is authorized and
8empowered to incur indebtedness and issue revenue bonds in
9compliance with paragraph (22) of Section 35 for the purpose
10of raising funds for carrying out the provisions of a final
11redevelopment plan providing for the eradication and
12elimination of blight and acquisition, development or
13redevelopment of blight areas and any other area which may
14constitute a redevelopment area within the depressed area. The
15resolution of the Authority authorizing the issuance of
16revenue bonds shall specify the total amount of the bonds to be
17issued, the form and denomination, the date or dates of
18maturity which shall not be later than 20 years after the date
19of issuance, and the rate of interest, which rate shall not
20exceed the rate permitted in the Bond Authorization Act. The
21bonds shall be executed by the officials under the bond
22ordinance. The bonds may be made registrable to principal and
23may be made callable on any interest payment date at par and
24accrued interest after notice has been given in the manner
25provided by the bond ordinance. The bonds shall remain valid

 

 

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

 

 

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1the bonds, the Authority may recommend to the corporate
2authority in which the redevelopment plan is proposed subject
3to the powers and limitations contained in this Act, that the
4corporate authority convene and agree in the bonds, bond
5ordinance, or resolution, or any trust agreement executed
6pursuant thereto, to any necessary condition, power, duty,
7liability, or procedure for the issuance, payment, redemption,
8security, marketing, replacement or refinancing of the bonds,
9and the use, disposition or control of all or any part of the
10revenues realized from a redevelopment or new community plan.
11    The revenue bonds issued pursuant to a resolution passed
12by the Authority shall be sold to the highest and best bidder
13at not less than their par value and accrued interest. The
14Authority shall, from time to time as bonds are to be sold,
15advertise for proposals to purchase the bonds. Each
16advertisement may be published in newspapers and journals as
17the Authority determines, but must be published at least once
18in a newspaper having a general circulation in the respective
19area at least 10 days prior to the date of the opening of the
20bids. The Authority may reserve the rights to reject any and
21all bids and readvertise for bids.
22    The bonds may be issued without submitting any proposition
23to the electorate by referendum or otherwise.
 
24    Section 55. Public hearing. Before any proposed new
25construction of a specific project or proposed rehabilitation

 

 

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1project is commenced by the Authority, a public hearing must
2be held by the Authority affording interested persons residing
3in the area an opportunity to be heard. There shall be a notice
4of the time and place of the hearing published at least once,
5not more than 30 and not less than 15 days before the hearing,
6in one or more newspapers published in the county that the area
7of the project is within. This notice shall contain the
8particular site and location to be affected as well as a brief
9statement of what is proposed in the project.
 
10    Section 60. Deeds. Any deed executed by the Authority
11under this Act may contain restrictions as may be required by
12the final redevelopment plan and necessary building and zoning
13ordinances. All deeds of conveyance shall be executed in the
14name of the Authority and the seal of the Authority shall be
15attached to the deeds.
 
16    Section 65. Demolition and removal of buildings. The
17Authority may enter into contracts for the demolition or
18removal of buildings and for the removal of any debris. The
19Authority shall advertise for sealed bids for doing this work.
20The advertisement shall describe by street number or other
21means of identification the location of buildings to be
22demolished or removed and the time and place when sealed bids
23for the work may be delivered to the Authority. The
24advertisement shall be published once in a newspaper having a

 

 

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

 

 

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1newspaper having a general circulation in the county at least
220 days prior to the date for receiving bids. A contract for
3doing the work shall be let to the lowest responsible bidder,
4but the Authority may reject any and all bids received and
5readvertise for bids. The contractor shall enter into bond as
6a condition for the faithful performance of the contract. The
7sureties on the bond shall be approved by the Authority.
 
8    Section 75. Real property. When the Authority has acquired
9title to, and possession of any or all real property in the
10redevelopment area, they may convey any part of the
11redevelopment area to which the Authority holds the fee simple
12title or any lesser interest to any public body, or
13State-chartered corporation, having jurisdiction over schools,
14parks, low or moderate housing, or playgrounds in the area.
15The property conveyed shall be used for parks, playgrounds,
16schools, housing for low or moderate income families, and
17other public purposes as the Authority may determine. The
18Authority may charge for the conveyance whatever price they
19and the officials of the public bodies, or State-chartered
20corporations, receiving the land may agree upon. The Authority
21may also grant, with or without charge, easements for public
22utilities, sewerage, and other similar facilities.
 
23    Section 80. Cost of construction. The cost of construction
24of any project includes the following:

 

 

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1        (1) Obligations incurred for labor, and to
2    contractors, builders, and material men, in connection
3    with the construction of any project or projects, for
4    machinery and equipment and for the restoration of
5    property damaged or destroyed in connection with
6    construction.
7        (2) The cost of acquiring any property, real, personal
8    or mixed, tangible or intangible, or any interest
9    property, necessary or desirable for the construction of
10    any a project or projects.
11        (3) The principal and interest requirements upon any
12    bonds for the period during which, and to the extent, the
13    rentals received by the Authority from a project or
14    projects shall be insufficient for the payment of the
15    bond, the fees and expenses of the fiscal agent of the
16    Authority in respect of the bonds during any period, and
17    the reasonable fees and expenses of any paying agents for
18    the bonds during this period.
19        (4) The taxes or other municipal or governmental
20    charges, if any, in connection with any project or
21    projects during construction.
22        (5) The cost and expenses of preliminary
23    investigations of the feasibility or practicality of
24    constructing any project or projects and fees and expenses
25    of engineers for making preliminary studies, surveys,
26    repairs, estimates, and for preparing plans and

 

 

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1    specifications and supervising construction as well as for
2    the performance of all other duties of engineers in
3    relation to construction or the issuance of bonds for
4    construction.
5        (6) Expenses of administration properly chargeable to
6    any project or projects during construction, legal
7    expenses and fees, financing, relating charges, costs of
8    audits and of preparing and issuing bonds, and all other
9    items of expense not elsewhere specified, relating to the
10    construction of any project, and the acquisition of lands,
11    property rights, rights of way, franchises, easements, and
12    interest inland, including abstracts of title, title
13    insurance, title opinions, costs of surveys, reports, and
14    other expenses in connection with the acquisition of these
15    items.
 
16    Section 85. Territory outside the Metro East. The
17Authority may not construct, acquire by gift or purchase,
18reconstruct, improve, better, or extend any project farther
19than 3 miles from the territorial boundaries of the Metro
20East.
 
21    Section 90. Obligations of the State and units of local
22government. The Authority shall not have any power to pledge
23the credit or taxing power of the State or any unit of local
24government. The Authority's obligations are not obligations of

 

 

HB0311- 27 -LRB102 10170 AWJ 15492 b

1the State or any unit of local government.
 
2    Section 95. Financial report. Within 60 days after the end
3of each fiscal year, the Authority shall have prepared, by a
4certified public accountant, a complete and detailed financial
5report of the operation, assets, and liabilities of the
6Authority. A sufficient number of copies of the report shall
7be prepared for distribution to interested persons, upon
8request, and a copy of the report shall be filed with the
9Governor and the General Assembly.
 
10    Section 100. Investigation of projects. The Authority may
11investigate conditions in any project in which it has an
12interest. While conducting investigations, the Authority may
13hold public hearings on its own motion, and shall do so on
14complaint or petition of any interested person. Each member of
15the Authority shall have power to administer oaths, and the
16secretary, by order of the Authority, shall issue subpoenas to
17secure the attendance and testimony of witnesses, and the
18production of books and papers, before the Authority or before
19any member thereof or any officer or committee appointed by
20the Authority.
21    While conducting any investigation, the Authority shall,
22at its expense, provide a stenographer to take down all
23testimony and shall preserve a record of the proceedings. The
24notice of hearing, complaint, and all other documents in the

 

 

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1nature of pleading and written motions and orders of decision
2of the Authority shall constitute the record of the
3proceedings.
4    The Authority is not required to testify and record or
5file any answer, or otherwise respond in any proceedings for
6judicial review of an administrative decision, unless the
7party asking for review deposits with the clerk of the court
8the sum of $1 per page of records of the proceedings, which is
9the cost of the certification of the proceedings. Failure to
10make this deposit is ground for dismissal of any action.
 
11    Section 105. Judicial review. All final administrative
12decisions of the Authority shall be subject to judicial review
13under the provisions of the Administrative Review Law and the
14rules adopted pursuant to the Administrative Review Law. For
15purposes of this Section, "administrative decision" has the
16meaning given to that term in Section 3-101 of the Code of
17Civil Procedure.
 
18    Section 110. Limitation of authority. The powers contained
19in this Act shall not be exercised by the Authority:
20        (1) within the boundaries of any municipality, or
21    within the boundaries of any territory over which a
22    municipality has jurisdiction, unless the exercise of the
23    powers have been approved by the mayor or village
24    president of the municipality; or

 

 

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1        (2) within the boundaries of any unincorporated area
2    of a township unless the exercise of the powers have been
3    approved by the supervisor of the township.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.