Full Text of HB4662 94th General Assembly
HB4662ham001 94TH GENERAL ASSEMBLY
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Revenue Committee
Filed: 2/16/2006
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| AMENDMENT TO HOUSE BILL 4662
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| AMENDMENT NO. ______. Amend House Bill 4662 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-74.4-5 and by adding Section 11-74.4-5.5 as | 6 |
| follows:
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| (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
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| Sec. 11-74.4-5. (a) The changes made by this amendatory Act | 9 |
| of the 91st
General Assembly do not apply to a municipality | 10 |
| that, (i) before the
effective date of this amendatory Act of | 11 |
| the 91st General Assembly,
has adopted an ordinance or | 12 |
| resolution fixing a time and place for a
public hearing under | 13 |
| this Section or (ii) before July 1, 1999, has adopted
an | 14 |
| ordinance or resolution providing for a feasibility study under | 15 |
| Section
11-74.4-4.1, but has not yet adopted an ordinance
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| approving redevelopment plans and redevelopment projects or | 17 |
| designating
redevelopment project areas under Section | 18 |
| 11-74.4-4, until after that
municipality adopts an ordinance
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| approving redevelopment plans and redevelopment projects or | 20 |
| designating
redevelopment project areas under Section | 21 |
| 11-74.4-4; thereafter the changes
made by this amendatory Act | 22 |
| of the 91st General Assembly apply to the same
extent that they | 23 |
| apply to
redevelopment plans and redevelopment projects that | 24 |
| were approved and
redevelopment projects that were designated |
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| before the effective date of this
amendatory Act of the 91st | 2 |
| General Assembly.
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| Prior to the adoption of an ordinance proposing the
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| designation of a redevelopment project area, or approving a
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| redevelopment plan or redevelopment project, the municipality | 6 |
| by its
corporate authorities, or as it may determine by any | 7 |
| commission
designated under subsection (k) of Section | 8 |
| 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | 9 |
| and place for public hearing.
At least 10 days prior to the | 10 |
| adoption of the ordinance or resolution
establishing the time
| 11 |
| and place for the public hearing, the municipality shall make | 12 |
| available for
public inspection a redevelopment plan or a | 13 |
| separate report that provides in
reasonable detail the basis | 14 |
| for the eligibility of
the redevelopment project area. The | 15 |
| report along with the name of a
person to
contact for further | 16 |
| information shall be sent within a reasonable time
after the | 17 |
| adoption of such ordinance or resolution to the
affected taxing | 18 |
| districts
by certified mail.
On and after the effective date of | 19 |
| this amendatory Act of the 91st General
Assembly, the | 20 |
| municipality shall print in a newspaper of general circulation
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| within the municipality a notice that interested persons may | 22 |
| register with the
municipality in order to receive information | 23 |
| on the proposed designation of a
redevelopment project area or | 24 |
| the approval of a redevelopment plan. The notice
shall state | 25 |
| the place of registration and the operating hours of that | 26 |
| place.
The municipality shall have adopted reasonable rules to | 27 |
| implement this
registration process under Section 11-74.4-4.2.
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| The municipality shall provide notice of the availability of | 29 |
| the
redevelopment plan and eligibility report, including how to | 30 |
| obtain this
information, by mail within a reasonable time after | 31 |
| the adoption of the
ordinance or resolution, to all residential | 32 |
| addresses that, after a good faith
effort, the municipality | 33 |
| determines are located outside the proposed
redevelopment | 34 |
| project area and within 750 feet of the
boundaries of the |
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| proposed redevelopment project area. This requirement is
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| subject to the limitation that in a municipality with a | 3 |
| population of over
100,000, if the total number of residential | 4 |
| addresses outside the proposed
redevelopment project area and | 5 |
| within 750 feet of the
boundaries of the proposed redevelopment | 6 |
| project area exceeds 750, the
municipality shall be required to | 7 |
| provide the notice to only the 750
residential addresses that, | 8 |
| after a good faith effort, the municipality
determines are | 9 |
| outside the proposed redevelopment project area and closest
to | 10 |
| the boundaries of the proposed redevelopment project
area.
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| Notwithstanding the foregoing, notice given after August 7, | 12 |
| 2001 (the
effective date of Public Act 92-263) and before the | 13 |
| effective date of this
amendatory Act of the 92nd General | 14 |
| Assembly to residential addresses within 750
feet of the | 15 |
| boundaries of a proposed redevelopment project area shall be | 16 |
| deemed
to have been sufficiently given in compliance with this | 17 |
| Act if given only to
residents outside the boundaries of the | 18 |
| proposed redevelopment project area.
The notice shall also be | 19 |
| provided by the municipality, regardless of its
population, to | 20 |
| those organizations and residents that have registered with the
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| municipality for that information in accordance with the | 22 |
| registration
guidelines established by the municipality under | 23 |
| Section 11-74.4-4.2.
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| At the public hearing any
interested person or affected | 25 |
| taxing district may file with the
municipal clerk written | 26 |
| objections to and may be heard orally in respect
to any issues | 27 |
| embodied in the notice. The municipality shall hear all | 28 |
| protests
and objections at the hearing and the hearing may
be | 29 |
| adjourned to another date without further notice other than a | 30 |
| motion
to be entered upon the minutes fixing the time and place | 31 |
| of the
subsequent hearing.
At the public hearing or at any time | 32 |
| prior to the
adoption by the municipality of an ordinance | 33 |
| approving a redevelopment plan,
the municipality may make | 34 |
| changes in the redevelopment plan. Changes which (1)
add |
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| additional parcels of property to the proposed redevelopment | 2 |
| project area,
(2) substantially affect the general land uses | 3 |
| proposed in the redevelopment
plan, (3) substantially change | 4 |
| the nature of or extend the life of the
redevelopment project,
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| or (4) increase the number of inhabited residential units to be | 6 |
| displaced from the redevelopment project area, as
measured from | 7 |
| the time of creation of the redevelopment project area, to a | 8 |
| total of more than
10,
shall be made only after the
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| municipality gives notice,
convenes a joint review board, and | 10 |
| conducts a public hearing pursuant to the
procedures set forth | 11 |
| in this Section and in Section 11-74.4-6 of this Act.
Changes | 12 |
| which do not (1) add additional parcels of property to the | 13 |
| proposed
redevelopment project area, (2) substantially affect | 14 |
| the general land uses
proposed in the redevelopment plan, (3) | 15 |
| substantially change the nature of
or extend the life of the | 16 |
| redevelopment project,
or (4) increase the number of inhabited | 17 |
| residential units to be displaced from the redevelopment | 18 |
| project area, as
measured from the time of creation of the | 19 |
| redevelopment project area, to a total
of more than 10,
may be | 20 |
| made without further
hearing, provided that the municipality | 21 |
| shall give notice of any such changes
by mail to each affected | 22 |
| taxing district and registrant on the interested
parties | 23 |
| registry, provided for under Section 11-74.4-4.2, and by | 24 |
| publication in
a newspaper of
general circulation within the | 25 |
| affected taxing district. Such notice by mail
and by | 26 |
| publication shall each occur not later than 10 days following | 27 |
| the
adoption by ordinance of such changes. Hearings with regard | 28 |
| to a redevelopment
project area, project or plan may be held | 29 |
| simultaneously.
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| (a-5) Beginning on the effective date of this amendatory | 31 |
| Act of the 94th General Assembly, a municipality may not | 32 |
| approve or amend a redevelopment plan if the redevelopment plan | 33 |
| includes the construction or rehabilitation of a residential | 34 |
| housing unit unless a referendum has been approved under |
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| Section 11-74.4-5.5.
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| (b) Prior to holding a public hearing to approve or amend a | 3 |
| redevelopment
plan or to designate or add additional parcels of | 4 |
| property to a redevelopment
project area, the municipality
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| shall convene a joint review board. The board shall consist of | 6 |
| a representative
selected by each community college district, | 7 |
| local elementary school
district and high school district or | 8 |
| each local community unit school
district, park district, | 9 |
| library district, township, fire protection
district, and | 10 |
| county that will have the authority to
directly levy taxes on | 11 |
| the property within the proposed redevelopment
project area at | 12 |
| the time that the proposed redevelopment project area is
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| approved, a representative selected by the municipality and a | 14 |
| public
member. The public member shall first be selected and | 15 |
| then the board's
chairperson shall be selected by
a majority of | 16 |
| the board members present and voting.
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| For redevelopment project areas with redevelopment plans | 18 |
| or proposed
redevelopment plans that would
result in the | 19 |
| displacement of residents from 10 or more inhabited residential
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| units or that include 75 or more inhabited residential units, | 21 |
| the public member
shall be a person who resides in the | 22 |
| redevelopment project area. If, as
determined by the housing | 23 |
| impact study provided for in paragraph (5) of
subsection (n) of | 24 |
| Section 11-74.4-3, or if no housing impact study is required
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| then based on other reasonable data, the majority of | 26 |
| residential units are
occupied by very low, low, or moderate | 27 |
| income households, as defined in Section
3 of the Illinois | 28 |
| Affordable Housing Act, the public member shall be a person
who | 29 |
| resides in very low, low, or moderate income housing within the
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| redevelopment project area. Municipalities with fewer than | 31 |
| 15,000 residents
shall not be required to select a person who | 32 |
| lives in very low, low, or
moderate income housing within the | 33 |
| redevelopment project area, provided that
the redevelopment | 34 |
| plan or project will not result in displacement of residents
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| from 10 or more inhabited units, and the municipality so | 2 |
| certifies
in the plan. If no person satisfying these | 3 |
| requirements is available or if no
qualified person will serve | 4 |
| as the public member, then the joint review board
is relieved | 5 |
| of this paragraph's selection requirements for the public
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| member.
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| Within 90 days of the effective date of this amendatory Act | 8 |
| of the 91st
General Assembly, each municipality that designated | 9 |
| a redevelopment project
area for which it was not required to | 10 |
| convene a joint review board under this
Section shall convene a | 11 |
| joint review board to perform the
duties specified under | 12 |
| paragraph (e) of this Section.
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| All board members shall be appointed and the first board | 14 |
| meeting shall be
held at least 14 days but not more than 28 | 15 |
| days after the
mailing of notice by the
municipality to the | 16 |
| taxing
districts as required by Section 11-74.4-6(c).
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| Notwithstanding the preceding sentence, a municipality that | 18 |
| adopted either a
public hearing resolution or a feasibility | 19 |
| resolution between July 1, 1999 and
July 1, 2000 that called | 20 |
| for the meeting of the joint review board within 14
days of | 21 |
| notice of public hearing to affected taxing districts is deemed | 22 |
| to be
in compliance with the notice, meeting, and public | 23 |
| hearing provisions of the
Act.
Such notice
shall also advise
| 24 |
| the taxing bodies represented on the joint review board of the | 25 |
| time and place
of the first meeting of the board. Additional | 26 |
| meetings of the
board shall be held upon the call of any | 27 |
| member. The municipality
seeking designation of the | 28 |
| redevelopment project area shall provide
administrative | 29 |
| support to the board.
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| The board shall review (i) the public record, planning | 31 |
| documents and
proposed ordinances approving the redevelopment | 32 |
| plan and
project and (ii) proposed amendments to the | 33 |
| redevelopment plan or additions
of parcels of property to the | 34 |
| redevelopment project area to be
adopted by the municipality. |
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| As part of its deliberations, the board may
hold additional | 2 |
| hearings on the proposal. A
board's recommendation shall be
an | 3 |
| advisory, non-binding recommendation. The recommendation shall | 4 |
| be adopted
by a majority of those members present and voting. | 5 |
| The recommendations shall
be submitted to the municipality
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| within 30 days after convening of the board.
Failure of the | 7 |
| board to
submit
its report on a timely basis shall not be cause | 8 |
| to delay the public hearing
or any other step in the process of | 9 |
| designating or
amending the
redevelopment project area but | 10 |
| shall be deemed to constitute approval by the
joint review | 11 |
| board of the matters before it.
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| The board shall base its recommendation to approve or | 13 |
| disapprove the
redevelopment plan and the designation of the | 14 |
| redevelopment project area or the
amendment of the | 15 |
| redevelopment plan or addition of parcels of property to the
| 16 |
| redevelopment project area on the basis of the redevelopment | 17 |
| project area and
redevelopment plan satisfying the
plan | 18 |
| requirements, the eligibility criteria
defined in Section | 19 |
| 11-74.4-3, and the objectives of this Act.
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| The board shall issue a written report describing why the
| 21 |
| redevelopment plan and project area or the amendment thereof | 22 |
| meets or
fails to meet one or more of the objectives of this | 23 |
| Act and both the plan
requirements and the eligibility criteria | 24 |
| defined in Section 11-74.4-3.
In the event the Board does not | 25 |
| file a report it shall be presumed
that these taxing bodies | 26 |
| find the redevelopment project area and
redevelopment plan | 27 |
| satisfy the
objectives of this Act and the plan requirements | 28 |
| and eligibility criteria.
| 29 |
| If the board recommends rejection of the matters before it, | 30 |
| the
municipality will have 30 days within which to resubmit the | 31 |
| plan or amendment.
During this period, the municipality will | 32 |
| meet and confer with the board and
attempt to resolve those | 33 |
| issues set forth in the board's written report that
led to the | 34 |
| rejection of the plan or amendment.
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| Notwithstanding the resubmission set forth above, the | 2 |
| municipality may
commence the scheduled public hearing and | 3 |
| either adjourn the public hearing or
continue the public | 4 |
| hearing until a date certain. Prior to continuing any
public | 5 |
| hearing to a date certain, the municipality shall announce | 6 |
| during the
public hearing the time, date, and location for the | 7 |
| reconvening of the public
hearing. Any changes to the | 8 |
| redevelopment plan necessary to satisfy the issues
set forth in | 9 |
| the joint review board report shall be the subject of a public
| 10 |
| hearing before the hearing is adjourned if the changes would | 11 |
| (1) substantially
affect the general land uses proposed in the | 12 |
| redevelopment plan, (2)
substantially change the nature of or | 13 |
| extend the life of the redevelopment
project, or (3) increase | 14 |
| the number of inhabited residential units to be
displaced from | 15 |
| the redevelopment project area, as
measured from the
time of | 16 |
| creation of the redevelopment project area, to a total of
more | 17 |
| than 10. Changes to the redevelopment plan necessary
to
satisfy | 18 |
| the issues set forth in the joint review board report shall not | 19 |
| require
any further notice or convening of a joint review board | 20 |
| meeting, except that
any changes to the redevelopment plan that | 21 |
| would add additional parcels of
property to the proposed | 22 |
| redevelopment project area shall be subject to the
notice, | 23 |
| public hearing, and joint review board meeting requirements | 24 |
| established
for such changes by subsection (a) of Section | 25 |
| 11-74.4-5.
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| In the event that the
municipality and the board are unable | 27 |
| to resolve these differences, or in the
event that the | 28 |
| resubmitted plan or amendment is rejected by the board, the
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| municipality may proceed with the plan or amendment, but only | 30 |
| upon a
three-fifths vote of the corporate authority responsible | 31 |
| for approval of the
plan or amendment, excluding positions of | 32 |
| members that are vacant and those
members that are ineligible | 33 |
| to vote because of conflicts of interest.
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| (c) After a municipality has by ordinance approved a |
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| redevelopment plan
and designated a redevelopment project | 2 |
| area, the plan may be amended and
additional properties may be | 3 |
| added to the redevelopment project area only as
herein | 4 |
| provided. Amendments which (1) add additional parcels of | 5 |
| property to
the proposed redevelopment project area, (2) | 6 |
| substantially affect the general
land uses proposed in the | 7 |
| redevelopment plan, (3) substantially change the
nature of the | 8 |
| redevelopment project, (4) increase the total estimated
| 9 |
| redevelopment
project costs set out in the redevelopment plan | 10 |
| by more than 5% after
adjustment for inflation from the date | 11 |
| the plan was adopted, (5) add
additional redevelopment project | 12 |
| costs to the itemized list of redevelopment
project costs set | 13 |
| out in the redevelopment plan, or (6) increase the number of
| 14 |
| inhabited residential units to be
displaced from the | 15 |
| redevelopment
project area, as measured from the time of | 16 |
| creation of
the
redevelopment project area, to a total of more | 17 |
| than
10, shall be made only after
the
municipality gives | 18 |
| notice, convenes a joint review board, and conducts a public
| 19 |
| hearing pursuant to the procedures set forth in this Section | 20 |
| and in Section
11-74.4-6 of this Act. Changes which do not (1) | 21 |
| add additional parcels of
property to the proposed | 22 |
| redevelopment project area, (2) substantially affect
the | 23 |
| general land uses proposed in the redevelopment plan, (3) | 24 |
| substantially
change the nature of the redevelopment project, | 25 |
| (4) increase the total
estimated redevelopment project cost set | 26 |
| out in the redevelopment plan by more
than 5% after adjustment | 27 |
| for inflation from the date the plan was adopted,
(5) add | 28 |
| additional redevelopment project costs to the itemized list of
| 29 |
| redevelopment project costs set out in the redevelopment plan, | 30 |
| or (6) increase
the number of inhabited residential units to be | 31 |
| displaced from the
redevelopment project area, as measured from | 32 |
| the time of
creation of
the redevelopment project area, to a | 33 |
| total of more than 10, may be made
without further public | 34 |
| hearing
and related notices and procedures including the |
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| convening of a joint review
board as set forth in Section | 2 |
| 11-74.4-6 of this Act, provided that the
municipality shall | 3 |
| give notice of
any such changes by mail to each affected taxing | 4 |
| district and registrant on the
interested parties registry, | 5 |
| provided for under Section 11-74.4-4.2, and by
publication in
a | 6 |
| newspaper of general circulation within the affected taxing | 7 |
| district. Such
notice by mail and by publication shall each | 8 |
| occur not later than 10 days
following the adoption by | 9 |
| ordinance of such changes.
| 10 |
| (d) After the effective date of this amendatory Act of the | 11 |
| 91st General
Assembly, a
municipality shall submit the
| 12 |
| following information for each redevelopment project area (i) | 13 |
| to the State
Comptroller under Section 8-8-3.5 of the Illinois | 14 |
| Municipal Code
and (ii) to all taxing districts overlapping the
| 15 |
| redevelopment project area no later than 180
days after the | 16 |
| close of each municipal fiscal year or as soon thereafter as
| 17 |
| the audited financial
statements become available and, in any | 18 |
| case, shall be submitted before the
annual meeting of the Joint | 19 |
| Review Board to each of the taxing districts that
overlap the | 20 |
| redevelopment project area:
| 21 |
| (1) Any amendments to the redevelopment plan, the | 22 |
| redevelopment
project area, or the State Sales Tax | 23 |
| Boundary.
| 24 |
| (1.5) A list of the redevelopment project areas | 25 |
| administered by the
municipality and, if applicable, the | 26 |
| date each redevelopment project area was
designated or | 27 |
| terminated by the municipality.
| 28 |
| (2) Audited financial statements of the special tax | 29 |
| allocation fund once a
cumulative total of $100,000 has | 30 |
| been deposited in the fund.
| 31 |
| (3) Certification of the Chief Executive Officer of the | 32 |
| municipality
that the municipality has complied with all of | 33 |
| the requirements of this Act
during the preceding fiscal | 34 |
| year.
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| (4) An opinion of legal counsel that the municipality | 2 |
| is in compliance
with this Act.
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| (5) An analysis of the special tax allocation fund | 4 |
| which sets forth:
| 5 |
| (A) the balance in the special tax allocation fund | 6 |
| at the beginning of
the fiscal year;
| 7 |
| (B) all amounts deposited in the special tax | 8 |
| allocation fund by source;
| 9 |
| (C) an itemized list of all expenditures from the | 10 |
| special tax
allocation fund by category of
permissible | 11 |
| redevelopment project cost; and
| 12 |
| (D) the balance in the special tax allocation fund | 13 |
| at the end of the
fiscal year including a breakdown of | 14 |
| that balance by source and a breakdown
of that balance | 15 |
| identifying any portion of the balance that is | 16 |
| required,
pledged, earmarked, or otherwise designated | 17 |
| for payment of or securing of
obligations and | 18 |
| anticipated redevelopment project costs. Any portion | 19 |
| of
such ending balance that has not been identified or | 20 |
| is not identified as
being
required, pledged, | 21 |
| earmarked, or otherwise designated for payment of or
| 22 |
| securing of obligations or anticipated redevelopment | 23 |
| projects costs
shall be designated as surplus as set | 24 |
| forth in Section
11-74.4-7 hereof.
| 25 |
| (6) A description of all property purchased by the | 26 |
| municipality within
the redevelopment project area | 27 |
| including:
| 28 |
| (A) Street address.
| 29 |
| (B) Approximate size or description of property.
| 30 |
| (C) Purchase price.
| 31 |
| (D) Seller of property.
| 32 |
| (7) A statement setting forth all activities | 33 |
| undertaken in furtherance
of the objectives of the | 34 |
| redevelopment plan, including:
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| (A) Any project implemented in the preceding | 2 |
| fiscal year.
| 3 |
| (B) A description of the redevelopment activities | 4 |
| undertaken.
| 5 |
| (C) A description of any agreements entered into by | 6 |
| the municipality
with
regard to the disposition or | 7 |
| redevelopment of any property within the
redevelopment | 8 |
| project area or the area within the State Sales Tax | 9 |
| Boundary.
| 10 |
| (D) Additional information on the use of all funds | 11 |
| received under this
Division and steps taken by the
| 12 |
| municipality to achieve the objectives of the | 13 |
| redevelopment plan.
| 14 |
| (E) Information regarding contracts that the | 15 |
| municipality's tax
increment advisors or consultants | 16 |
| have entered into with entities or persons
that have | 17 |
| received, or are receiving, payments financed by tax | 18 |
| increment
revenues produced by the same redevelopment | 19 |
| project area.
| 20 |
| (F) Any reports submitted to the municipality by | 21 |
| the joint review board.
| 22 |
| (G) A review of public and, to the extent possible, | 23 |
| private investment
actually undertaken to date after | 24 |
| the effective date of this amendatory Act of
the 91st | 25 |
| General Assembly and estimated to be undertaken during | 26 |
| the following
year. This review shall, on a | 27 |
| project-by-project basis, set forth the
estimated | 28 |
| amounts of public and private investment incurred | 29 |
| after the effective
date of this amendatory Act of the | 30 |
| 91st General Assembly and provide the ratio
of private | 31 |
| investment to public investment to the date of the | 32 |
| report and as
estimated to the completion of the | 33 |
| redevelopment project.
| 34 |
| (8) With regard to any obligations issued by the |
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| municipality:
| 2 |
| (A) copies of any official statements; and
| 3 |
| (B) an analysis prepared by financial advisor or | 4 |
| underwriter setting
forth: (i) nature and term of | 5 |
| obligation; and (ii) projected debt service
including | 6 |
| required reserves and debt coverage.
| 7 |
| (9) For special tax allocation funds that have | 8 |
| experienced cumulative
deposits of incremental tax | 9 |
| revenues of $100,000 or more, a certified audit
report | 10 |
| reviewing compliance
with this Act
performed by an | 11 |
| independent public accountant certified and licensed by | 12 |
| the
authority of the State of Illinois. The financial | 13 |
| portion of the audit
must be conducted in accordance with | 14 |
| Standards for Audits of Governmental
Organizations, | 15 |
| Programs, Activities, and Functions adopted by the
| 16 |
| Comptroller General of the United States (1981), as | 17 |
| amended, or the standards
specified by Section 8-8-5 of the | 18 |
| Illinois Municipal Auditing Law of the
Illinois Municipal | 19 |
| Code. The audit
report shall contain a letter from the | 20 |
| independent certified public accountant
indicating | 21 |
| compliance or noncompliance with the requirements
of | 22 |
| subsection (q) of Section 11-74.4-3. For redevelopment | 23 |
| plans or
projects that would result in the displacement of | 24 |
| residents from 10 or more
inhabited residential units or | 25 |
| that contain 75 or more inhabited residential
units, notice | 26 |
| of the availability of the information, including how to | 27 |
| obtain
the report, required in this subsection shall also | 28 |
| be sent by mail to all
residents or organizations that | 29 |
| operate in the municipality that register with
the | 30 |
| municipality for that information according to | 31 |
| registration procedures
adopted under Section 11-74.4-4.2. | 32 |
| All municipalities are subject to this
provision.
| 33 |
| (d-1) Prior to the effective date of this amendatory Act of | 34 |
| the 91st
General Assembly, municipalities with populations of |
|
|
|
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LRB094 18096 BDD 55701 a |
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| 1 |
| over 1,000,000 shall,
after
adoption of a redevelopment plan or | 2 |
| project, make available upon request to any
taxing district in | 3 |
| which the redevelopment project area is located the
following | 4 |
| information:
| 5 |
| (1) Any amendments to the redevelopment plan, the | 6 |
| redevelopment project
area, or the State Sales Tax | 7 |
| Boundary; and
| 8 |
| (2) In connection with any redevelopment project area | 9 |
| for which the
municipality has outstanding obligations | 10 |
| issued to provide for redevelopment
project costs pursuant | 11 |
| to Section 11-74.4-7, audited financial statements of
the | 12 |
| special tax allocation fund.
| 13 |
| (e) The joint review board shall meet annually 180 days
| 14 |
| after the close of the municipal fiscal year or as soon as the | 15 |
| redevelopment
project audit for that fiscal year becomes | 16 |
| available to review the
effectiveness and status of the | 17 |
| redevelopment project area up to that date.
| 18 |
| (f) (Blank).
| 19 |
| (g) In the event that a municipality has held a public | 20 |
| hearing under this
Section prior to March 14, 1994 (the | 21 |
| effective date of Public Act 88-537), the
requirements imposed | 22 |
| by Public Act 88-537 relating to the method of fixing the
time | 23 |
| and place for public hearing, the materials and information | 24 |
| required to be
made available for public inspection, and the | 25 |
| information required to be sent
after adoption of an ordinance | 26 |
| or resolution fixing a time and place for public
hearing shall | 27 |
| not be applicable.
| 28 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99; | 29 |
| 91-900, eff.
7-6-00; 92-263, eff. 8-7-01; 92-624, eff. | 30 |
| 7-11-02.)
| 31 |
| (65 ILCS 5/11-74.4-5.5 new) | 32 |
| Sec. 11-74.4-5.5. Referenda for certain redevelopment | 33 |
| plans. |
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LRB094 18096 BDD 55701 a |
|
| 1 |
| (a) A municipality may not approve or amend a redevelopment | 2 |
| plan if that plan includes the construction or rehabilitation | 3 |
| of a residential housing unit until the question of whether the | 4 |
| redevelopment plan should be adopted or amended has been | 5 |
| submitted to the electors of the municipality at a regular | 6 |
| election following the public hearing required by Sections | 7 |
| 11-74.4-5 and 11-74.4-6 and approved by a majority of the | 8 |
| electors voting on the question. The corporate authorities must | 9 |
| certify the question to the proper election authority, which | 10 |
| must submit the question at an election in accordance with the | 11 |
| Election Code. | 12 |
| (b) The election authority must submit the question in | 13 |
| substantially the following form: | 14 |
| Shall the (corporate authorities of the municipality) | 15 |
| be authorized to (adopt or amend) the (identify the | 16 |
| redevelopment plan), which includes the construction or | 17 |
| rehabilitation of a residential housing unit? | 18 |
| The election authority must record the votes as "Yes" or "No". | 19 |
| (c) If a majority of the electors voting on the question | 20 |
| vote in the affirmative, then the corporate authorities may | 21 |
| adopt or amend the redevelopment plan in accordance with the | 22 |
| provisions set forth in this Division 74.4. | 23 |
| (d) This Section applies to any redevelopment plan that is | 24 |
| adopted or amended after the effective date of this amendatory | 25 |
| Act of the 94th General Assembly.
| 26 |
| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.".
|
|