Full Text of HB0834 93rd General Assembly
HB0834enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to municipal government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 7-1-1 and 11-74.4-4 as follows:
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| (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
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| Sec. 7-1-1. Annexation of contiguous territory. Any | 8 |
| territory that is not within the corporate limits of any | 9 |
| municipality but
is contiguous to a municipality may be annexed | 10 |
| to the municipality as provided
in this Article. For the | 11 |
| purposes of this Article any territory to be annexed
to a | 12 |
| municipality shall be considered to be contiguous to the | 13 |
| municipality
notwithstanding that the territory is separated | 14 |
| from the municipality by a
strip parcel or railroad or public | 15 |
| utility right-of-way, but upon annexation the area included
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| within that strip parcel or right-of-way shall not be | 17 |
| considered to be annexed to the
municipality. For purposes of | 18 |
| this Section, "strip parcel" means a separation no wider than | 19 |
| 30 feet between the territory to be annexed and the municipal | 20 |
| boundary.
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| Except in counties with a population of more than
500,000
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| but
less than 3,000,000, territory which is not contiguous to a | 23 |
| municipality but is
separated therefrom only by a forest | 24 |
| preserve district or open land or open space that is part of an | 25 |
| open space program, as defined in Section 115-5 of the Township | 26 |
| Code, may be annexed to the
municipality pursuant to Sections | 27 |
| 7-1-7 or 7-1-8, but
only if the annexing municipality can show | 28 |
| that the forest preserve district , open land, or open space
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| creates an artificial barrier preventing the annexation and | 30 |
| that the location
of the forest preserve district , open land, | 31 |
| or open space property prevents the orderly natural growth of
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| the annexing municipality. It shall be conclusively presumed |
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| that the forest
preserve district , open land, or open space
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| does not create an artificial barrier if the property sought
to | 3 |
| be annexed is bounded on at least 3 sides by (i) one or more | 4 |
| other
municipalities (other than the municipality seeking | 5 |
| annexation through the
existing forest preserve district , open | 6 |
| land, or open space ), (ii) forest preserve district property , | 7 |
| open land, or open space , or
(iii) a combination of other | 8 |
| municipalities and forest preserve district
property , open | 9 |
| land, or open space . It shall also be conclusively presumed | 10 |
| that the forest preserve
district , open land, or open space
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| does not create an artificial barrier if the municipality | 12 |
| seeking
annexation is not the closest municipality to the | 13 |
| property to be annexed.
The territory included
within such | 14 |
| forest preserve district , open land, or open space shall not be | 15 |
| annexed to the municipality
nor shall the territory of the | 16 |
| forest preserve district , open land, or open space be subject | 17 |
| to
rights-of-way for access or services between the parts of | 18 |
| the municipality
separated by the forest preserve district , | 19 |
| open land, or open space without the consent of the governing
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| body of the forest preserve district.
The changes made to this | 21 |
| Section by this amendatory Act of 91st General
Assembly are
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| declaratory of existing law and shall not be construed as a new | 23 |
| enactment.
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| In counties that are contiguous to the Mississippi River | 25 |
| with populations
of more than 200,000 but less than 255,000, a | 26 |
| municipality that is partially
located in territory that is | 27 |
| wholly surrounded by the Mississippi River and a
canal, | 28 |
| connected at both ends to the Mississippi River and located on | 29 |
| property
owned by the United States of America, may annex | 30 |
| noncontiguous territory in the
surrounded territory under | 31 |
| Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 32 |
| from the municipality by property owned by the United States of
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| America, but that federal property shall not be annexed without | 34 |
| the consent of
the federal government.
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| When any land proposed to be annexed is part of any Fire | 36 |
| Protection
District or of any Public Library District and the |
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| annexing
municipality provides fire protection or a public | 2 |
| library, as the case
may be, the Trustees of each District | 3 |
| shall be notified in writing by
certified or registered mail | 4 |
| before any court hearing or other action is
taken for | 5 |
| annexation. The notice shall be served 10 days in advance.
An | 6 |
| affidavit that service of notice has been had as provided by | 7 |
| this
Section must be filed with the clerk of the court in which | 8 |
| the
annexation proceedings are pending or will be instituted | 9 |
| or, when no
court proceedings are involved, with the recorder | 10 |
| for the
county where the land is situated. No annexation of | 11 |
| that land is
effective unless service is had and the affidavit | 12 |
| filed as provided in
this Section.
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| The new boundary shall extend to the far side of any | 14 |
| adjacent highway
and shall include all of every highway within | 15 |
| the area annexed. These
highways shall be considered to be | 16 |
| annexed even though not included in
the legal description set | 17 |
| forth in the petition for annexation. When
any land proposed to | 18 |
| be annexed includes any highway under the
jurisdiction of any | 19 |
| township, the Township Commissioner of Highways and
the Board | 20 |
| of Town Trustees shall be notified in writing by certified or
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| registered mail before any court hearing or other action is | 22 |
| taken for
annexation. In the event that a municipality fails to | 23 |
| notify the Township
Commissioner of Highways and the Board of | 24 |
| Town Trustees of the annexation
of an area within the township, | 25 |
| the municipality shall reimburse that
township for any loss or | 26 |
| liability caused by the failure to give
notice. If any | 27 |
| municipality has annexed any area before October 1,
1975, and | 28 |
| the legal description in the petition for annexation did not
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| include the entire adjacent highway, any such annexation shall | 30 |
| be valid and any
highway adjacent to the area annexed shall be | 31 |
| considered to be annexed
notwithstanding the failure of the | 32 |
| petition to annex to include the
description of the entire | 33 |
| adjacent highway.
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| Any annexation, disconnection and annexation, or | 35 |
| disconnection under
this Article of any territory must be | 36 |
| reported by certified or
registered mail by the corporate |
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| authority initiating the action to the
election authorities | 2 |
| having jurisdiction in the territory and the post
office | 3 |
| branches serving the territory within 30 days of the | 4 |
| annexation,
disconnection and annexation, or disconnection.
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| Failure to give notice to the required election authorities | 6 |
| or
post office branches will not invalidate the annexation or
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| disconnection. For purposes of this Section "election | 8 |
| authorities"
means the county clerk where the clerk acts as the | 9 |
| clerk of elections
or the clerk of the election commission | 10 |
| having jurisdiction.
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| No annexation, disconnection and annexation, or | 12 |
| disconnection under
this Article of territory having electors | 13 |
| residing therein made (1)
before any primary election to be | 14 |
| held within the municipality
affected thereby and after the | 15 |
| time for filing petitions as a candidate
for nomination to any | 16 |
| office to be chosen at the primary election or (2) within
60 | 17 |
| days before any general election to be held within the | 18 |
| municipality shall be
effective until the day after the date of | 19 |
| the primary or general election, as
the case may be.
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| For the purpose of this Section, a toll highway or | 21 |
| connection between
parcels via an overpass bridge over a toll | 22 |
| highway shall not be
considered a deterrent to the definition | 23 |
| of contiguous territory.
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| When territory is proposed to be annexed
by court order | 25 |
| under this Article, the corporate
authorities or petitioners
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| initiating the action shall notify each person who pays real | 27 |
| estate taxes on
property within that territory unless the | 28 |
| person is a petitioner. The notice
shall be served
by certified
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| or registered mail, return receipt requested, at least 20 days | 30 |
| before a court
hearing or other court action.
If the person
who | 31 |
| pays real estate taxes on the property is not the owner of
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| record, then the payor shall notify the owner of record of the | 33 |
| proposed
annexation.
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| (Source: P.A. 90-14, eff. 7-1-97; 91-824, eff. 6-13-00.)
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| (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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| Sec. 11-74.4-4. Municipal powers and duties; redevelopment | 2 |
| project
areas. A municipality may:
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| (a) The changes made by this amendatory Act of the 91st | 4 |
| General Assembly
do not apply to a municipality that, (i) | 5 |
| before the effective date of this
amendatory Act of the 91st | 6 |
| General Assembly, has adopted an ordinance or
resolution fixing | 7 |
| a time and place for a
public hearing under Section 11-74.4-5 | 8 |
| or (ii) before July 1, 1999, has
adopted an ordinance or | 9 |
| resolution providing for a feasibility study under
Section | 10 |
| 11-74.4-4.1, but has not yet adopted an ordinance
approving | 11 |
| redevelopment plans and redevelopment projects or designating
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| redevelopment project areas under this Section, until after | 13 |
| that
municipality adopts an ordinance
approving redevelopment | 14 |
| plans and redevelopment projects or designating
redevelopment | 15 |
| project areas under this Section; thereafter the changes made | 16 |
| by
this amendatory Act of the 91st General Assembly apply to | 17 |
| the same extent that
they apply to
redevelopment plans and | 18 |
| redevelopment projects that were approved and
redevelopment | 19 |
| projects that were designated before the effective date of this
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| amendatory Act of the 91st General Assembly.
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| By ordinance introduced in the
governing body of the | 22 |
| municipality within 14 to 90 days from the completion
of the | 23 |
| hearing specified in Section 11-74.4-5
approve redevelopment | 24 |
| plans and redevelopment projects, and designate
redevelopment | 25 |
| project areas pursuant to notice and hearing required by this
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| Act. No redevelopment project area shall be designated unless a | 27 |
| plan and
project are approved
prior to the designation of such | 28 |
| area and such area
shall include only those contiguous parcels | 29 |
| of real property and
improvements thereon substantially | 30 |
| benefited by the proposed redevelopment
project improvements.
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| Upon adoption of the ordinances, the municipality shall | 32 |
| forthwith transmit to
the county clerk of the county or | 33 |
| counties within which the redevelopment
project area is located | 34 |
| a certified copy of the ordinances, a legal description
of the | 35 |
| redevelopment project area, a map of the redevelopment project | 36 |
| area,
identification of the year that the county clerk shall |
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| use for determining the
total initial equalized assessed value | 2 |
| of the redevelopment project area
consistent with subsection | 3 |
| (a) of Section 11-74.4-9, and a
list of the parcel or tax | 4 |
| identification number of each parcel of property
included in | 5 |
| the redevelopment project area.
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| (b) Make and enter into all contracts with property owners, | 7 |
| developers,
tenants, overlapping taxing bodies, and others | 8 |
| necessary or incidental to the
implementation and furtherance | 9 |
| of its redevelopment plan and project.
Contract provisions | 10 |
| concerning loan repayment obligations in contracts
entered | 11 |
| into on or after the effective date of this amendatory Act
of
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| the 93rd
General Assembly shall terminate no later than the | 13 |
| last to occur of the
estimated dates of
completion of the
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| redevelopment project and retirement of the obligations issued | 15 |
| to finance
redevelopment
project costs as required by item (3) | 16 |
| of subsection (n) of Section 11-74.4-3.
Payments received under
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| contracts entered
into by the
municipality prior to the | 18 |
| effective date of this amendatory Act of the 93rd
General
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| Assembly that are received after the redevelopment project area | 20 |
| has been
terminated by
municipal ordinance shall be deposited | 21 |
| into a special fund of the municipality
to be used
for other | 22 |
| community redevelopment needs within the redevelopment project
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| area.
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| (c) Within a redevelopment project area, acquire by | 25 |
| purchase, donation,
lease or
eminent domain; own, convey, | 26 |
| lease, mortgage or dispose of land
and other property, real or | 27 |
| personal, or rights or interests therein, and
grant or acquire | 28 |
| licenses, easements and options with respect thereto, all
in | 29 |
| the manner and at such price the municipality determines is | 30 |
| reasonably
necessary to achieve the objectives of the | 31 |
| redevelopment plan and project.
No conveyance, lease, | 32 |
| mortgage, disposition of land or other property owned
by a | 33 |
| municipality, or
agreement relating to the development of such | 34 |
| municipal property
shall be
made except
upon the adoption of an | 35 |
| ordinance by the corporate authorities of the
municipality. | 36 |
| Furthermore, no conveyance, lease, mortgage, or other
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| disposition of land owned by a municipality or agreement | 2 |
| relating to the
development of such municipal property
shall be | 3 |
| made without making public disclosure of the terms of the
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| disposition and all bids and proposals made in response to the
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| municipality's request. The procedures for obtaining such bids | 6 |
| and
proposals shall provide reasonable opportunity for any | 7 |
| person to submit
alternative proposals or bids.
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| (d) Within a redevelopment project area, clear any area by
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| demolition or removal of any existing buildings and structures.
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| (e) Within a redevelopment project area, renovate or | 11 |
| rehabilitate or
construct any structure or building, as | 12 |
| permitted under this Act.
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| (f) Install, repair, construct, reconstruct or relocate | 14 |
| streets, utilities
and site improvements essential to the | 15 |
| preparation of the redevelopment
area for use in accordance | 16 |
| with a redevelopment plan.
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| (g) Within a redevelopment project area, fix, charge and | 18 |
| collect fees,
rents and charges for the use of any building or | 19 |
| property owned or leased
by it or any part thereof, or facility | 20 |
| therein.
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| (h) Accept grants, guarantees and donations of property, | 22 |
| labor, or other
things of value from a public or private source | 23 |
| for use within a project
redevelopment area.
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| (i) Acquire and construct public facilities within a | 25 |
| redevelopment project
area, as permitted under this Act.
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| (j) Incur project redevelopment costs and reimburse | 27 |
| developers who incur
redevelopment project costs authorized by | 28 |
| a redevelopment agreement; provided,
however, that on and
after | 29 |
| the effective date of this amendatory
Act of the 91st General | 30 |
| Assembly, no municipality shall incur redevelopment
project | 31 |
| costs (except for planning costs and any other eligible costs
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| authorized by municipal ordinance or resolution that are | 33 |
| subsequently included
in the
redevelopment plan for the area | 34 |
| and are incurred by the municipality after the
ordinance or | 35 |
| resolution is adopted)
that are
not consistent with the program | 36 |
| for
accomplishing the objectives of the
redevelopment plan as |
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| included in that plan and approved by the
municipality until | 2 |
| the municipality has amended
the redevelopment plan as provided | 3 |
| elsewhere in this Act.
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| (k) Create a commission of not less than 5 or more than 15 | 5 |
| persons to
be appointed by the mayor or president of the | 6 |
| municipality with the consent
of the majority of the governing | 7 |
| board of the municipality. Members of a
commission appointed | 8 |
| after the effective date of this amendatory Act of
1987 shall | 9 |
| be appointed for initial terms of 1, 2, 3, 4 and 5 years,
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| respectively, in such numbers as to provide that the terms of | 11 |
| not more than
1/3 of all such members shall expire in any one | 12 |
| year. Their successors
shall be appointed for a term of 5 | 13 |
| years. The commission, subject to
approval of the corporate | 14 |
| authorities may exercise the powers enumerated in
this Section. | 15 |
| The commission shall also have the power to hold the public
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| hearings required by this division and make recommendations to | 17 |
| the
corporate authorities concerning the adoption of | 18 |
| redevelopment plans,
redevelopment projects and designation of | 19 |
| redevelopment project areas.
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| (l) Make payment in lieu of taxes or a portion thereof to | 21 |
| taxing districts.
If payments in lieu of taxes or a portion | 22 |
| thereof are made to taxing districts,
those payments shall be | 23 |
| made to all districts within a project redevelopment
area on a | 24 |
| basis which is proportional to the current collections of | 25 |
| revenue
which each taxing district receives from real property | 26 |
| in the redevelopment
project area.
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| (m) Exercise any and all other powers necessary to | 28 |
| effectuate the purposes
of this Act.
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| (n) If any member of the corporate authority, a member of a | 30 |
| commission
established pursuant to Section 11-74.4-4(k) of | 31 |
| this Act, or an employee
or consultant of the municipality | 32 |
| involved in the planning and preparation
of a redevelopment | 33 |
| plan, or project for a redevelopment project area or
proposed | 34 |
| redevelopment project area, as defined in Sections | 35 |
| 11-74.4-3(i)
through (k) of this Act, owns or controls an | 36 |
| interest, direct or indirect,
in any property included in any |
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| redevelopment area, or proposed
redevelopment area, he or she | 2 |
| shall disclose the same in writing to the
clerk of the | 3 |
| municipality, and shall also so disclose the dates and terms
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| and conditions of any disposition of any such interest, which | 5 |
| disclosures
shall be acknowledged by the corporate authorities | 6 |
| and entered upon the
minute books of the corporate authorities. | 7 |
| If an individual
holds such an interest then that individual | 8 |
| shall refrain from any further
official involvement in regard | 9 |
| to such redevelopment plan, project or area,
from voting on any | 10 |
| matter pertaining to such redevelopment plan, project
or area, | 11 |
| or communicating with other members concerning corporate | 12 |
| authorities,
commission or employees concerning any matter | 13 |
| pertaining to said redevelopment
plan, project or area. | 14 |
| Furthermore, no such member or employee shall acquire
of any | 15 |
| interest direct, or indirect, in any property in a | 16 |
| redevelopment
area or proposed redevelopment area after either | 17 |
| (a) such individual obtains
knowledge of such plan, project or | 18 |
| area or (b) first public notice of such
plan, project or area | 19 |
| pursuant to Section 11-74.4-6 of this Division, whichever
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| occurs first.
For the
purposes of this subsection, a property | 21 |
| interest
acquired in a
single parcel of property by a member of | 22 |
| the corporate authority, which
property
is used
exclusively as | 23 |
| the member's primary residence, shall not be deemed to
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| constitute an
interest in any property included in a | 25 |
| redevelopment area or proposed
redevelopment area
that was | 26 |
| established before December 31, 1989, but the member must | 27 |
| disclose the
acquisition to the municipal clerk under the | 28 |
| provisions of this subsection.
For the purposes of this | 29 |
| subsection, a month-to-month leasehold interest
in a single | 30 |
| parcel of property by a member of the corporate authority
shall | 31 |
| not be deemed to constitute an interest in any property | 32 |
| included in any
redevelopment area or proposed redevelopment | 33 |
| area, but the member must disclose
the interest to the | 34 |
| municipal clerk under the provisions of this subsection.
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| (o) Create a Tax Increment Economic Development Advisory | 36 |
| Committee to
be appointed by the Mayor or President of the |
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| municipality with the consent
of the majority of the governing | 2 |
| board of the municipality, the members of
which Committee shall | 3 |
| be appointed for initial terms of 1, 2, 3, 4 and 5
years | 4 |
| respectively, in such numbers as to provide that the terms of | 5 |
| not
more than 1/3 of all such members shall expire in any one | 6 |
| year. Their
successors shall be appointed for a term of 5 | 7 |
| years. The Committee shall
have none of the powers enumerated | 8 |
| in this Section. The Committee shall
serve in an advisory | 9 |
| capacity only. The Committee may advise the governing
Board of | 10 |
| the municipality and other municipal officials regarding
| 11 |
| development issues and opportunities within the redevelopment | 12 |
| project area
or the area within the State Sales Tax Boundary. | 13 |
| The Committee may also
promote and publicize development | 14 |
| opportunities in the redevelopment
project area or the area | 15 |
| within the State Sales Tax Boundary.
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| (p) Municipalities may jointly undertake and perform | 17 |
| redevelopment plans
and projects and utilize the provisions of | 18 |
| the Act wherever they have
contiguous redevelopment project | 19 |
| areas or they determine to adopt tax
increment financing with | 20 |
| respect to a redevelopment project area which
includes | 21 |
| contiguous real property within the boundaries of the
| 22 |
| municipalities, and in doing so, they may, by agreement between
| 23 |
| municipalities, issue obligations, separately or jointly, and | 24 |
| expend
revenues received under the Act for eligible expenses | 25 |
| anywhere within
contiguous redevelopment project areas or as | 26 |
| otherwise permitted in the Act.
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| (q) Utilize revenues, other than State sales tax increment | 28 |
| revenues,
received under this Act from one redevelopment | 29 |
| project area for
eligible
costs in another redevelopment | 30 |
| project area that is :
| 31 |
| (i)
either contiguous to the redevelopment project | 32 |
| area from which the revenues are received; | 33 |
| (ii)
, or
is separated only by a public right of way | 34 |
| from the redevelopment project area from which the revenues | 35 |
| are received; or | 36 |
| (iii) separated only by forest preserve property from , |
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| the redevelopment project
area from which the revenues are | 2 |
| received if the closest boundaries of the redevelopment | 3 |
| project areas that are separated by the forest preserve | 4 |
| property are less than one mile apart .
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| Utilize tax increment revenues for eligible costs that are | 6 |
| received from a
redevelopment project area created under the | 7 |
| Industrial Jobs Recovery Law that
is either contiguous to, or | 8 |
| is separated only by a public right of way from,
the | 9 |
| redevelopment project area created under this Act which | 10 |
| initially receives
these revenues. Utilize revenues, other | 11 |
| than State sales tax increment
revenues, by transferring or | 12 |
| loaning such revenues to a redevelopment project
area created | 13 |
| under the Industrial Jobs Recovery Law that is either | 14 |
| contiguous
to, or separated only by a public right of way from | 15 |
| the redevelopment project
area that initially produced and | 16 |
| received those revenues; and, if the
redevelopment
project area | 17 |
| (i) was established before the effective date of this | 18 |
| amendatory
Act of the 91st General Assembly and (ii) is located | 19 |
| within a municipality with
a population of more than 100,000,
| 20 |
| utilize revenues or proceeds of obligations authorized by | 21 |
| Section 11-74.4-7 of
this
Act, other than use or occupation tax | 22 |
| revenues, to pay for any redevelopment
project costs as defined | 23 |
| by subsection (q) of Section 11-74.4-3 to the extent
that the | 24 |
| redevelopment project costs involve public property that is | 25 |
| either
contiguous to, or separated only by a public right of | 26 |
| way from, a redevelopment
project area whether or not | 27 |
| redevelopment project costs or the source of
payment for the | 28 |
| costs are specifically set forth in the redevelopment plan for
| 29 |
| the redevelopment project area.
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| (r) If no redevelopment project has been initiated in a
| 31 |
| redevelopment
project area within 7 years after the area was | 32 |
| designated by ordinance under
subsection (a), the municipality | 33 |
| shall adopt an ordinance repealing the area's
designation as a | 34 |
| redevelopment project area; provided, however, that if an area
| 35 |
| received its
designation more than 3 years before the effective | 36 |
| date of this amendatory Act
of 1994 and no redevelopment |
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| project has been initiated
within 4 years after the effective | 2 |
| date of this amendatory Act of 1994, the
municipality shall | 3 |
| adopt an ordinance repealing its designation as a
redevelopment | 4 |
| project area. Initiation of a redevelopment project shall be
| 5 |
| evidenced by either a signed redevelopment agreement or | 6 |
| expenditures on
eligible redevelopment project costs | 7 |
| associated with a redevelopment project.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-298, eff. 7-23-03; | 9 |
| 93-961, eff. 1-1-05.)
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