Full Text of SB2600 99th General Assembly
SB2600eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Economic Development Area Tax Increment | 5 | | Allocation Act is amended by changing Section 9 as follows:
| 6 | | (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
| 7 | | Sec. 9. Powers of municipalities. In addition to powers | 8 | | which it may
now
have, any municipality has the power under | 9 | | this Act:
| 10 | | (a) To make and enter into all contracts necessary or | 11 | | incidental to the
implementation and furtherance of an economic | 12 | | development plan.
| 13 | | (b) Within an economic development project area, to acquire | 14 | | by purchase,
donation, lease or eminent domain, and to own, | 15 | | convey, lease, mortgage or
dispose of land and other real or | 16 | | personal property or rights or interests
therein; and to grant | 17 | | or acquire licenses, easements and options with
respect | 18 | | thereto, all in the manner and at such price the municipality
| 19 | | determines is reasonably necessary to achieve the objectives of | 20 | | the
economic development project. No conveyance, lease, | 21 | | mortgage, disposition
of land or other property acquired by the | 22 | | municipality, or agreement
relating to the development of | 23 | | property, shall be made or executed except
pursuant to prior |
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| 1 | | official action of the municipality.
No conveyance, lease, | 2 | | mortgage or other disposition of land, and no
agreement | 3 | | relating to the development of property, shall be made without
| 4 | | making public disclosure of the terms and disposition of all | 5 | | bids and
proposals submitted to the municipality in connection | 6 | | therewith.
| 7 | | (c) To clear any area within an economic development | 8 | | project area by
demolition or removal of any existing | 9 | | buildings, structures, fixtures,
utilities or improvements, | 10 | | and to clear and grade land.
| 11 | | (d) To install, repair, construct, reconstruct or relocate | 12 | | public
streets, public utilities, and other public site | 13 | | improvements within or
without an economic development project | 14 | | area which are essential to the
preparation of an economic | 15 | | development project area for use in accordance
with an economic | 16 | | development plan.
| 17 | | (e) To renovate, rehabilitate, reconstruct, relocate, | 18 | | repair or remodel
any existing buildings, improvements, and | 19 | | fixtures within an economic
development project area.
| 20 | | (f) To construct, acquire, and operate public | 21 | | improvements, including but not limited to,
publicly owned | 22 | | buildings, structures, works, utilities or fixtures within any | 23 | | economic
development project area, subject to the restrictions | 24 | | of item (5) of subsection (e) of Section 3 of this Act.
| 25 | | (g) To issue obligations as provided in this Act.
| 26 | | (h) To fix, charge and collect fees, rents and charges for |
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| 1 | | the use of
any building, facility or property or any portion | 2 | | thereof owned or leased
by the municipality within an economic | 3 | | development project area.
| 4 | | (i) To accept grants, guarantees, donations of property or | 5 | | labor, or any
other thing of value for use in connection with | 6 | | an economic development project.
| 7 | | (j) To pay or cause to be paid economic development project | 8 | | costs. Any
payments to be made by the municipality to | 9 | | developers or other
nongovernmental persons for economic | 10 | | development project costs incurred by
such developer or other | 11 | | nongovernmental person shall be made only pursuant
to the prior | 12 | | official action of the municipality evidencing an intent to
pay | 13 | | or cause to be paid such economic development project costs. A
| 14 | | municipality is not required to obtain any right, title or | 15 | | interest in any
real or personal property in order to pay | 16 | | economic development project
costs associated with such | 17 | | property. The municipality shall adopt such
accounting | 18 | | procedures as may be necessary to determine that such economic
| 19 | | development project costs are properly paid.
| 20 | | (k) To exercise any and all other powers necessary to | 21 | | effectuate the
purposes of this Act.
| 22 | | (l) To create a commission of not less than 5 or more than | 23 | | 15 persons to be
appointed by the mayor or president of the | 24 | | municipality with the consent of
the majority of the corporate | 25 | | authorities of the municipality. Members of a
commission shall | 26 | | be appointed for initial terms of 1, 2, 3, 4, and 5 years,
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| 1 | | respectively, in such numbers as to provide that the terms of | 2 | | not more than
1/3 of all such members shall expire in any one | 3 | | year. Their successors
shall be appointed for a term of 5 | 4 | | years. The commission, subject to
approval of the corporate | 5 | | authorities, may exercise the powers enumerated in
this | 6 | | Section. The commission shall also have the power to hold the | 7 | | public
hearings required by this Act and make recommendations | 8 | | to the corporate
authorities concerning the approval of | 9 | | economic development plans, the
establishment of economic | 10 | | development project areas, and the adoption of
tax increment | 11 | | allocation financing for economic development project areas.
| 12 | | When a commission created under this subsection (l) | 13 | | receives any public funds or public monies, its board shall | 14 | | include not less than 2 members of a labor council or councils | 15 | | and not less than: (i) 2 members from 2 separate minority | 16 | | groups, or (ii) one member who is a woman and one member from a | 17 | | minority group. The labor council or councils shall represent: | 18 | | (A) employees in the construction trades; and (B) employees in | 19 | | the public and private sector. The labor council, women, and | 20 | | minority group members shall be full commission members with | 21 | | all rights and privileges and shall not be compensated. No | 22 | | membership fees, dues, or assessments shall be required of any | 23 | | commission member. | 24 | | For purposes of this subsection: | 25 | | "Labor council" means any organization representing | 26 | | multiple entities who are monitoring or attentive to |
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| 1 | | compliance with public or workers' safety laws, wage and | 2 | | hour requirements, making or maintaining collective | 3 | | bargaining agreements, or other statutory requirements. | 4 | | "Minority group" means a group that is a readily | 5 | | identifiable subset of the U.S. population and that is made | 6 | | up of persons who are any of the following: | 7 | | (i) American Indian or Alaska Native (a person | 8 | | having origins in any of the original peoples of North | 9 | | and South America, including Central America, and who | 10 | | maintains tribal affiliation or community attachment). | 11 | | (ii) Asian (a person having origins in any of the | 12 | | original peoples of the Far East, Southeast Asia, or | 13 | | the Indian subcontinent, including, but not limited | 14 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 15 | | Pakistan, the Philippine Islands, Thailand, and | 16 | | Vietnam). | 17 | | (iii) Black or African American (a person having | 18 | | origins in any of the black racial groups of Africa). | 19 | | (iv) Hispanic or Latino (a person of Cuban, | 20 | | Mexican, Puerto Rican, South or Central American, or | 21 | | other Spanish culture or origin, regardless of race). | 22 | | (v) Native Hawaiian or Other Pacific Islander (a | 23 | | person having origins in any of the original peoples of | 24 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 25 | | (vi) A woman. | 26 | | "Public funds" and "public monies" mean any funds |
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| 1 | | received from: the federal government or any agency of the | 2 | | federal government; any state government or any agency or | 3 | | political subdivision of any state government; or the State | 4 | | or any unit of local government. | 5 | | (Source: P.A. 97-636, eff. 6-1-12 .)
| 6 | | Section 10. The County Economic Development Project Area | 7 | | Property
Tax Allocation Act is amended by changing Section 9 as | 8 | | follows:
| 9 | | (55 ILCS 85/9) (from Ch. 34, par. 7009)
| 10 | | Sec. 9. Powers of counties. In addition to powers which it | 11 | | may now
have, any county has the power under this Act:
| 12 | | (a) To make and enter into all contracts necessary or | 13 | | incidental to the
implementation and furtherance of an economic | 14 | | development plan.
| 15 | | (b) Within an economic development project area, to acquire | 16 | | by purchase,
donation, lease or eminent domain and to own, | 17 | | convey, lease, mortgage or
dispose of land and other real or | 18 | | personal property or rights or interest
therein; and to grant | 19 | | or acquire licenses, easements and options with
respect | 20 | | thereto, all in the manner and at such price the county | 21 | | determines
is reasonably necessary to achieve the objectives of | 22 | | the economic
development plan. No conveyance, lease, mortgage, | 23 | | disposition of land or
other property acquired by the county, | 24 | | or agreement relating to the
development of property shall be |
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| 1 | | made or executed except pursuant to prior
official action of | 2 | | the county.
| 3 | | (c) To clear any area within an economic development | 4 | | project area by
demolition or removal of any existing | 5 | | buildings, structures, fixtures,
utilities or improvements, | 6 | | and to clear and grade land.
| 7 | | (d) To install, repair, construct, reconstruct or relocate | 8 | | public
streets, public utilities, and other public site | 9 | | improvements within or
without an economic development project | 10 | | area which are essential to the
preparation of an economic | 11 | | development project area for use in accordance
with an economic | 12 | | development plan.
| 13 | | (e) To renovate, rehabilitate, reconstruct, relocate, | 14 | | repair or remodel
any existing buildings, improvements, and | 15 | | fixtures within an economic
development project area.
| 16 | | (f) To construct public improvements, including but not | 17 | | limited to,
buildings, structures, works, utilities or | 18 | | fixtures within any economic
development project area.
| 19 | | (g) To issue obligations as in this Act provided.
| 20 | | (h) To fix, charge and collect fees, rents and charges for | 21 | | the use of
any building, facility or property or any portion | 22 | | thereof owned or leased
by the county within an economic | 23 | | development project area.
| 24 | | (i) To accept grants, guarantees, donations of property or | 25 | | labor, or
any other thing of value for use in connection with | 26 | | an economic development
project.
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| 1 | | (j) To pay or cause to be paid economic development project | 2 | | costs. Any
payments to be made by the county to developers or | 3 | | other nongovernmental
persons shall be made only pursuant to | 4 | | the prior official action of the
county evidencing an intent to | 5 | | pay or cause to be paid those economic
development project | 6 | | costs. A county is not required to obtain any right,
title or | 7 | | interest in any real or personal property in order to pay | 8 | | economic
development costs associated with such property. The | 9 | | county shall adopt
such accounting procedures as may be | 10 | | necessary to determine that those
economic development project | 11 | | costs are properly paid.
| 12 | | (k) To exercise any and all other powers necessary to | 13 | | effectuate the
purposes of this Act.
| 14 | | (1) To create a commission of not less than 5 or more than | 15 | | 15 persons to
be appointed by the chief executive officer of | 16 | | the county with the consent
of the majority of the corporate | 17 | | authorities of the county. Members of a
commission shall be | 18 | | appointed for initial terms of 1, 2, 3, 4 and 5 years,
| 19 | | respectively, in such numbers as to provide that the terms of | 20 | | not more than
1/3 of all such members shall expire in any one | 21 | | year. Their successors
shall be appointed for a term of 5 | 22 | | years. The commission, subject to
approval of the corporate | 23 | | authorities, may exercise the power to hold the
public hearings | 24 | | required by this Act and make recommendations to the
corporate | 25 | | authorities concerning the approval of economic development
| 26 | | plans, the establishment of economic development project |
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| 1 | | areas, and the
adoption of property tax allocation financing | 2 | | for economic development
project areas.
| 3 | | When a commission created under this subsection (l) | 4 | | receives any public funds or public monies, its board shall | 5 | | include not less than 2 members of a labor council or councils | 6 | | and not less than: (i) 2 members from 2 separate minority | 7 | | groups, or (ii) one member who is a woman and one member from a | 8 | | minority group. The labor council or councils shall represent: | 9 | | (A) employees in the construction trades; and (B) employees in | 10 | | the public and private sector. The labor council, women, and | 11 | | minority group members shall be full commission members with | 12 | | all rights and privileges and shall not be compensated. No | 13 | | membership fees, dues, or assessments shall be required of any | 14 | | commission member. | 15 | | For purposes of this subsection: | 16 | | "Labor council" means any organization representing | 17 | | multiple entities who are monitoring or attentive to | 18 | | compliance with public or workers' safety laws, wage and | 19 | | hour requirements, making or maintaining collective | 20 | | bargaining agreements, or other statutory requirements. | 21 | | "Minority group" means a group that is a readily | 22 | | identifiable subset of the U.S. population and that is made | 23 | | up of persons who are any of the following: | 24 | | (i) American Indian or Alaska Native (a person | 25 | | having origins in any of the original peoples of North | 26 | | and South America, including Central America, and who |
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| 1 | | maintains tribal affiliation or community attachment). | 2 | | (ii) Asian (a person having origins in any of the | 3 | | original peoples of the Far East, Southeast Asia, or | 4 | | the Indian subcontinent, including, but not limited | 5 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 6 | | Pakistan, the Philippine Islands, Thailand, and | 7 | | Vietnam). | 8 | | (iii) Black or African American (a person having | 9 | | origins in any of the black racial groups of Africa). | 10 | | (iv) Hispanic or Latino (a person of Cuban, | 11 | | Mexican, Puerto Rican, South or Central American, or | 12 | | other Spanish culture or origin, regardless of race). | 13 | | (v) Native Hawaiian or Other Pacific Islander (a | 14 | | person having origins in any of the original peoples of | 15 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 16 | | (vi) A woman. | 17 | | "Public funds" and "public monies" mean any funds | 18 | | received from: the federal government or any agency of the | 19 | | federal government; any state government or any agency or | 20 | | political subdivision of any state government; or the State | 21 | | or any unit of local government. | 22 | | (Source: P.A. 86-1388.)
| 23 | | Section 15. The County Economic Development Project Area | 24 | | Tax Increment
Allocation Act of 1991 is amended by changing | 25 | | Section 60 as follows:
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| 1 | | (55 ILCS 90/60) (from Ch. 34, par. 8060)
| 2 | | Sec. 60. Powers of counties; economic development project | 3 | | area
commissions. In addition to powers that it may now have, | 4 | | a
county has the following powers under this Act:
| 5 | | (1) To make and enter into all contracts necessary or | 6 | | incidental to the
implementation and furtherance of an | 7 | | economic development plan.
| 8 | | (2) Within an economic development project area, to | 9 | | acquire by purchase,
donation, lease, or eminent domain and | 10 | | to own, convey, lease, mortgage, or
dispose of land and | 11 | | other real or personal property or rights
or interests in | 12 | | property and to grant or acquire licenses, easements, and
| 13 | | options with respect to property, all in the manner and at | 14 | | a price the
county determines is reasonably necessary to | 15 | | achieve the
objectives of the economic development | 16 | | project. No conveyance, lease,
mortgage, disposition of | 17 | | land, or agreement relating to the development of
property | 18 | | shall be made or executed except pursuant to prior official
| 19 | | action of the county. No conveyance, lease, mortgage, or
| 20 | | other disposition of land, and no agreement relating to the | 21 | | development of
property, shall be made without making | 22 | | public disclosure of the terms and
disposition of all bids | 23 | | and proposals submitted to the
county in connection with | 24 | | that action.
| 25 | | (3) To clear any area within an economic development |
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| 1 | | project area by
demolition or removal of any existing | 2 | | buildings, structures, fixtures,
utilities, or | 3 | | improvements and to clear and grade land.
| 4 | | (4) To install, repair, construct, reconstruct, or | 5 | | relocate public
streets, public utilities, and other | 6 | | public site improvements located
outside the boundaries of | 7 | | an economic development project area that are
essential to | 8 | | the preparation of an economic development project area for
| 9 | | use in accordance with an economic development plan.
| 10 | | (5) To renovate, rehabilitate, reconstruct, relocate, | 11 | | repair, or remodel
any existing buildings, improvements, | 12 | | and fixtures within an economic
development project area.
| 13 | | (6) To install or construct any buildings, structures, | 14 | | works, streets,
improvements, utilities, or fixtures | 15 | | within an economic development project area.
| 16 | | (7) To issue obligations as provided in this Act.
| 17 | | (8) To fix, charge, and collect fees, rents, and | 18 | | charges for the use of
any building, facility, or property | 19 | | or any portion of a building, facility,
or property owned | 20 | | or leased
by the county within an economic development | 21 | | project area.
| 22 | | (9) To accept grants, guarantees, donations of | 23 | | property or labor, or any
other thing of value for use in | 24 | | connection with an economic development project.
| 25 | | (10) To pay or cause to be paid economic development | 26 | | project
costs, including, specifically, to reimburse any |
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| 1 | | nongovernmental person for
economic development project | 2 | | costs incurred by that person. Any payments to
be made by a | 3 | | county to developers or other nongovernmental
persons for | 4 | | economic development project costs incurred by the | 5 | | developer
or other nongovernmental person shall be made | 6 | | only pursuant to the prior
official action of the county | 7 | | evidencing an intent to pay
or cause to be paid those | 8 | | economic development costs. A
county is not required to | 9 | | obtain any right, title, or interest in any real
or | 10 | | personal property in order to pay economic development | 11 | | project costs
associated with the property. The county | 12 | | shall adopt
accounting procedures necessary to determine | 13 | | that the economic
development project costs are properly | 14 | | paid.
| 15 | | (11) To exercise any and all other powers necessary to | 16 | | effectuate the
purposes of this Act.
| 17 | | (12) To create a commission of not less than 5 or more | 18 | | than 15 persons to
be appointed by the corporate | 19 | | authorities of the county.
Members of a commission shall be | 20 | | appointed for initial terms of 1, 2, 3, 4,
and 5 years, | 21 | | respectively, in numbers to provide that the terms of
not | 22 | | more than one-third of all the members shall expire in any | 23 | | one year. Their
successors shall be appointed for a term of | 24 | | 5 years. The commission,
subject to approval of the | 25 | | corporate authorities, may exercise the powers
enumerated | 26 | | in this Section. The commission also may
hold the public |
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| 1 | | hearings required by this Act and make recommendations to
| 2 | | the corporate authorities concerning the approval of | 3 | | economic development
plans, the establishment of economic | 4 | | development project areas, and the adoption of tax
| 5 | | increment allocation financing for economic development | 6 | | project areas.
| 7 | | When a commission created under this paragraph (12) | 8 | | receives any public funds or public monies, its board shall | 9 | | include not less than 2 members of a labor council or councils | 10 | | and not less than: (i) 2 members from 2 separate minority | 11 | | groups, or (ii) one member who is a woman and one member from a | 12 | | minority group. The labor council or councils shall represent: | 13 | | (A) employees in the construction trades; and (B) employees in | 14 | | the public and private sector. The labor council, women, and | 15 | | minority group members shall be full commission members with | 16 | | all rights and privileges and shall not be compensated. No | 17 | | membership fees, dues, or assessments shall be required of any | 18 | | commission member. | 19 | | For purposes of this paragraph: | 20 | | "Labor council" means any organization representing | 21 | | multiple entities who are monitoring or attentive to | 22 | | compliance with public or workers' safety laws, wage and | 23 | | hour requirements, making or maintaining collective | 24 | | bargaining agreements, or other statutory requirements. | 25 | | "Minority group" means a group that is a readily | 26 | | identifiable subset of the U.S. population and that is made |
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| 1 | | up of persons who are any of the following: | 2 | | (i) American Indian or Alaska Native (a person | 3 | | having origins in any of the original peoples of North | 4 | | and South America, including Central America, and who | 5 | | maintains tribal affiliation or community attachment). | 6 | | (ii) Asian (a person having origins in any of the | 7 | | original peoples of the Far East, Southeast Asia, or | 8 | | the Indian subcontinent, including, but not limited | 9 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 10 | | Pakistan, the Philippine Islands, Thailand, and | 11 | | Vietnam). | 12 | | (iii) Black or African American (a person having | 13 | | origins in any of the black racial groups of Africa). | 14 | | (iv) Hispanic or Latino (a person of Cuban, | 15 | | Mexican, Puerto Rican, South or Central American, or | 16 | | other Spanish culture or origin, regardless of race). | 17 | | (v) Native Hawaiian or Other Pacific Islander (a | 18 | | person having origins in any of the original peoples of | 19 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 20 | | (vi) A woman. | 21 | | "Public funds" and "public monies" mean any funds | 22 | | received from: the federal government or any agency of the | 23 | | federal government; any state government or any agency or | 24 | | political subdivision of any state government; or the State | 25 | | or any unit of local government. | 26 | | (Source: P.A. 87-1.)
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| 1 | | Section 20. The Illinois Municipal Code is amended by | 2 | | changing Sections 11-74.4-4 and 11-74.6-15 as follows:
| 3 | | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
| 4 | | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | 5 | | project
areas. The changes made by this amendatory Act of the | 6 | | 91st General Assembly
do not apply to a municipality that, (i) | 7 | | before the effective date of this
amendatory Act of the 91st | 8 | | General Assembly, has adopted an ordinance or
resolution fixing | 9 | | a time and place for a
public hearing under Section 11-74.4-5 | 10 | | or (ii) before July 1, 1999, has
adopted an ordinance or | 11 | | resolution providing for a feasibility study under
Section | 12 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving | 13 | | redevelopment plans and redevelopment projects or designating
| 14 | | redevelopment project areas under this Section, until after | 15 | | that
municipality adopts an ordinance
approving redevelopment | 16 | | plans and redevelopment projects or designating
redevelopment | 17 | | project areas under this Section; thereafter the changes made | 18 | | by
this amendatory Act of the 91st General Assembly apply to | 19 | | the same extent that
they apply to
redevelopment plans and | 20 | | redevelopment projects that were approved and
redevelopment | 21 | | projects that were designated before the effective date of this
| 22 | | amendatory Act of the 91st General Assembly.
| 23 | | A municipality may: | 24 | | (a) By ordinance introduced in the
governing body of the |
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| 1 | | municipality within 14 to 90 days from the completion
of the | 2 | | hearing specified in Section 11-74.4-5
approve redevelopment | 3 | | plans and redevelopment projects, and designate
redevelopment | 4 | | project areas pursuant to notice and hearing required by this
| 5 | | Act. No redevelopment project area shall be designated unless a | 6 | | plan and
project are approved
prior to the designation of such | 7 | | area and such area
shall include only those contiguous parcels | 8 | | of real property and
improvements thereon substantially | 9 | | benefited by the proposed redevelopment
project improvements.
| 10 | | Upon adoption of the ordinances, the municipality shall | 11 | | forthwith transmit to
the county clerk of the county or | 12 | | counties within which the redevelopment
project area is located | 13 | | a certified copy of the ordinances, a legal description
of the | 14 | | redevelopment project area, a map of the redevelopment project | 15 | | area,
identification of the year that the county clerk shall | 16 | | use for determining the
total initial equalized assessed value | 17 | | of the redevelopment project area
consistent with subsection | 18 | | (a) of Section 11-74.4-9, and a
list of the parcel or tax | 19 | | identification number of each parcel of property
included in | 20 | | the redevelopment project area.
| 21 | | (b) Make and enter into all contracts with property owners, | 22 | | developers,
tenants, overlapping taxing bodies, and others | 23 | | necessary or incidental to the
implementation and furtherance | 24 | | of its redevelopment plan and project.
Contract provisions | 25 | | concerning loan repayment obligations in contracts
entered | 26 | | into on or after the effective date of this amendatory Act
of
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| 1 | | the 93rd
General Assembly shall terminate no later than the | 2 | | last to occur of the
estimated dates of
completion of the
| 3 | | redevelopment project and retirement of the obligations issued | 4 | | to finance
redevelopment
project costs as required by item (3) | 5 | | of subsection (n) of Section 11-74.4-3.
Payments received under
| 6 | | contracts entered
into by the
municipality prior to the | 7 | | effective date of this amendatory Act of the 93rd
General
| 8 | | Assembly that are received after the redevelopment project area | 9 | | has been
terminated by
municipal ordinance shall be deposited | 10 | | into a special fund of the municipality
to be used
for other | 11 | | community redevelopment needs within the redevelopment project
| 12 | | area.
| 13 | | (c) Within a redevelopment project area, acquire by | 14 | | purchase, donation,
lease or
eminent domain; own, convey, | 15 | | lease, mortgage or dispose of land
and other property, real or | 16 | | personal, or rights or interests therein, and
grant or acquire | 17 | | licenses, easements and options with respect thereto, all
in | 18 | | the manner and at such price the municipality determines is | 19 | | reasonably
necessary to achieve the objectives of the | 20 | | redevelopment plan and project.
No conveyance, lease, | 21 | | mortgage, disposition of land or other property owned
by a | 22 | | municipality, or
agreement relating to the development of such | 23 | | municipal property
shall be
made except
upon the adoption of an | 24 | | ordinance by the corporate authorities of the
municipality. | 25 | | Furthermore, no conveyance, lease, mortgage, or other
| 26 | | disposition of land owned by a municipality or agreement |
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| 1 | | relating to the
development of such municipal property
shall be | 2 | | made without making public disclosure of the terms of the
| 3 | | disposition and all bids and proposals made in response to the
| 4 | | municipality's request. The procedures for obtaining such bids | 5 | | and
proposals shall provide reasonable opportunity for any | 6 | | person to submit
alternative proposals or bids.
| 7 | | (d) Within a redevelopment project area, clear any area by
| 8 | | demolition or removal of any existing buildings and structures.
| 9 | | (e) Within a redevelopment project area, renovate or | 10 | | rehabilitate or
construct any structure or building, as | 11 | | permitted under this Act.
| 12 | | (f) Install, repair, construct, reconstruct or relocate | 13 | | streets, utilities
and site improvements essential to the | 14 | | preparation of the redevelopment
area for use in accordance | 15 | | with a redevelopment plan.
| 16 | | (g) Within a redevelopment project area, fix, charge and | 17 | | collect fees,
rents and charges for the use of any building or | 18 | | property owned or leased
by it or any part thereof, or facility | 19 | | therein.
| 20 | | (h) Accept grants, guarantees and donations of property, | 21 | | labor, or other
things of value from a public or private source | 22 | | for use within a project
redevelopment area.
| 23 | | (i) Acquire and construct public facilities within a | 24 | | redevelopment project
area, as permitted under this Act.
| 25 | | (j) Incur project redevelopment costs and reimburse | 26 | | developers who incur
redevelopment project costs authorized by |
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| 1 | | a redevelopment agreement; provided,
however, that on and
after | 2 | | the effective date of this amendatory
Act of the 91st General | 3 | | Assembly, no municipality shall incur redevelopment
project | 4 | | costs (except for planning costs and any other eligible costs
| 5 | | authorized by municipal ordinance or resolution that are | 6 | | subsequently included
in the
redevelopment plan for the area | 7 | | and are incurred by the municipality after the
ordinance or | 8 | | resolution is adopted)
that are
not consistent with the program | 9 | | for
accomplishing the objectives of the
redevelopment plan as | 10 | | included in that plan and approved by the
municipality until | 11 | | the municipality has amended
the redevelopment plan as provided | 12 | | elsewhere in this Act.
| 13 | | (k) Create a commission of not less than 5 or more than 15 | 14 | | persons to
be appointed by the mayor or president of the | 15 | | municipality with the consent
of the majority of the governing | 16 | | board of the municipality. Members of a
commission appointed | 17 | | after the effective date of this amendatory Act of
1987 shall | 18 | | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
| 19 | | respectively, in such numbers as to provide that the terms of | 20 | | not more than
1/3 of all such members shall expire in any one | 21 | | year. Their successors
shall be appointed for a term of 5 | 22 | | years. The commission, subject to
approval of the corporate | 23 | | authorities may exercise the powers enumerated in
this Section. | 24 | | The commission shall also have the power to hold the public
| 25 | | hearings required by this division and make recommendations to | 26 | | the
corporate authorities concerning the adoption of |
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| 1 | | redevelopment plans,
redevelopment projects and designation of | 2 | | redevelopment project areas.
| 3 | | When a commission created under this subsection (k) | 4 | | receives any public funds or public monies, its board shall | 5 | | include not less than 2 members of a labor council or councils | 6 | | and not less than: (i) 2 members from 2 separate minority | 7 | | groups, or (ii) one member who is a woman and one member from a | 8 | | minority group. The labor council or councils shall represent: | 9 | | (A) employees in the construction trades; and (B) employees in | 10 | | the public and private sector. The labor council, women, and | 11 | | minority group members shall be full commission members with | 12 | | all rights and privileges and shall not be compensated. No | 13 | | membership fees, dues, or assessments shall be required of any | 14 | | commission member. | 15 | | For purposes of this subsection: | 16 | | "Labor council" means any organization representing | 17 | | multiple entities who are monitoring or attentive to | 18 | | compliance with public or workers' safety laws, wage and | 19 | | hour requirements, making or maintaining collective | 20 | | bargaining agreements, or other statutory requirements. | 21 | | "Minority group" means a group that is a readily | 22 | | identifiable subset of the U.S. population and that is made | 23 | | up of persons who are any of the following: | 24 | | (i) American Indian or Alaska Native (a person | 25 | | having origins in any of the original peoples of North | 26 | | and South America, including Central America, and who |
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| 1 | | maintains tribal affiliation or community attachment). | 2 | | (ii) Asian (a person having origins in any of the | 3 | | original peoples of the Far East, Southeast Asia, or | 4 | | the Indian subcontinent, including, but not limited | 5 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 6 | | Pakistan, the Philippine Islands, Thailand, and | 7 | | Vietnam). | 8 | | (iii) Black or African American (a person having | 9 | | origins in any of the black racial groups of Africa). | 10 | | (iv) Hispanic or Latino (a person of Cuban, | 11 | | Mexican, Puerto Rican, South or Central American, or | 12 | | other Spanish culture or origin, regardless of race). | 13 | | (v) Native Hawaiian or Other Pacific Islander (a | 14 | | person having origins in any of the original peoples of | 15 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 16 | | (vi) A woman. | 17 | | "Public funds" and "public monies" mean any funds | 18 | | received from: the federal government or any agency of the | 19 | | federal government; any state government or any agency or | 20 | | political subdivision of any state government; or the State | 21 | | or any unit of local government. | 22 | | (l) Make payment in lieu of taxes or a portion thereof to | 23 | | taxing districts.
If payments in lieu of taxes or a portion | 24 | | thereof are made to taxing districts,
those payments shall be | 25 | | made to all districts within a project redevelopment
area on a | 26 | | basis which is proportional to the current collections of |
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| 1 | | revenue
which each taxing district receives from real property | 2 | | in the redevelopment
project area.
| 3 | | (m) Exercise any and all other powers necessary to | 4 | | effectuate the purposes
of this Act.
| 5 | | (n) If any member of the corporate authority, a member of a | 6 | | commission
established pursuant to Section 11-74.4-4(k) of | 7 | | this Act, or an employee
or consultant of the municipality | 8 | | involved in the planning and preparation
of a redevelopment | 9 | | plan, or project for a redevelopment project area or
proposed | 10 | | redevelopment project area, as defined in Sections | 11 | | 11-74.4-3(i)
through (k) of this Act, owns or controls an | 12 | | interest, direct or indirect,
in any property included in any | 13 | | redevelopment area, or proposed
redevelopment area, he or she | 14 | | shall disclose the same in writing to the
clerk of the | 15 | | municipality, and shall also so disclose the dates and terms
| 16 | | and conditions of any disposition of any such interest, which | 17 | | disclosures
shall be acknowledged by the corporate authorities | 18 | | and entered upon the
minute books of the corporate authorities. | 19 | | If an individual
holds such an interest then that individual | 20 | | shall refrain from any further
official involvement in regard | 21 | | to such redevelopment plan, project or area,
from voting on any | 22 | | matter pertaining to such redevelopment plan, project
or area, | 23 | | or communicating with other members concerning corporate | 24 | | authorities,
commission or employees concerning any matter | 25 | | pertaining to said redevelopment
plan, project or area. | 26 | | Furthermore, no such member or employee shall acquire
of any |
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| 1 | | interest direct, or indirect, in any property in a | 2 | | redevelopment
area or proposed redevelopment area after either | 3 | | (a) such individual obtains
knowledge of such plan, project or | 4 | | area or (b) first public notice of such
plan, project or area | 5 | | pursuant to Section 11-74.4-6 of this Division, whichever
| 6 | | occurs first.
For the
purposes of this subsection, a property | 7 | | interest
acquired in a
single parcel of property by a member of | 8 | | the corporate authority, which
property
is used
exclusively as | 9 | | the member's primary residence, shall not be deemed to
| 10 | | constitute an
interest in any property included in a | 11 | | redevelopment area or proposed
redevelopment area
that was | 12 | | established before December 31, 1989, but the member must | 13 | | disclose the
acquisition to the municipal clerk under the | 14 | | provisions of this subsection.
A single property interest
| 15 | | acquired within one year after the effective date of this | 16 | | amendatory Act of the 94th General Assembly or 2 years after | 17 | | the effective date of this amendatory Act of the 95th General | 18 | | Assembly by a member of the corporate authority does not
| 19 | | constitute an
interest in any property included in any | 20 | | redevelopment area or proposed
redevelopment area, regardless | 21 | | of when the redevelopment area was established, if (i) the
| 22 | | property
is used
exclusively as the member's primary residence, | 23 | | (ii) the member discloses the acquisition to the municipal | 24 | | clerk under the provisions of this subsection, (iii) the | 25 | | acquisition is for fair market value, (iv) the member acquires | 26 | | the property as a result of the property being publicly |
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| 1 | | advertised for sale, and (v) the member refrains from voting | 2 | | on, and communicating with other members concerning, any matter | 3 | | when the benefits to the redevelopment project or area would be | 4 | | significantly greater than the benefits to the municipality as | 5 | | a whole. For the purposes of this subsection, a month-to-month | 6 | | leasehold interest
in a single parcel of property by a member | 7 | | of the corporate authority
shall not be deemed to constitute an | 8 | | interest in any property included in any
redevelopment area or | 9 | | proposed redevelopment area, but the member must disclose
the | 10 | | interest to the municipal clerk under the provisions of this | 11 | | subsection.
| 12 | | (o) Create a Tax Increment Economic Development Advisory | 13 | | Committee to
be appointed by the Mayor or President of the | 14 | | municipality with the consent
of the majority of the governing | 15 | | board of the municipality, the members of
which Committee shall | 16 | | be appointed for initial terms of 1, 2, 3, 4 and 5
years | 17 | | respectively, in such numbers as to provide that the terms of | 18 | | not
more than 1/3 of all such members shall expire in any one | 19 | | year. Their
successors shall be appointed for a term of 5 | 20 | | years. The Committee shall
have none of the powers enumerated | 21 | | in this Section. The Committee shall
serve in an advisory | 22 | | capacity only. The Committee may advise the governing
Board of | 23 | | the municipality and other municipal officials regarding
| 24 | | development issues and opportunities within the redevelopment | 25 | | project area
or the area within the State Sales Tax Boundary. | 26 | | The Committee may also
promote and publicize development |
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| 1 | | opportunities in the redevelopment
project area or the area | 2 | | within the State Sales Tax Boundary.
| 3 | | When a commission created under this subsection (o) | 4 | | receives any public funds or public monies, its board shall | 5 | | include not less than 2 members of a labor council or councils | 6 | | and not less than: (i) 2 members from 2 separate minority | 7 | | groups, or (ii) one member who is a woman and one member from a | 8 | | minority group. The labor council or councils shall represent: | 9 | | (A) employees in the construction trades; and (B) employees in | 10 | | the public and private sector. The labor council, women, and | 11 | | minority group members shall be full commission members with | 12 | | all rights and privileges and shall not be compensated. No | 13 | | membership fees, dues, or assessments shall be required of any | 14 | | commission member. | 15 | | For purposes of this subsection: | 16 | | "Labor council" means any organization representing | 17 | | multiple entities who are monitoring or attentive to | 18 | | compliance with public or workers' safety laws, wage and | 19 | | hour requirements, making or maintaining collective | 20 | | bargaining agreements, or other statutory requirements. | 21 | | "Minority group" means a group that is a readily | 22 | | identifiable subset of the U.S. population and that is made | 23 | | up of persons who are any of the following: | 24 | | (i) American Indian or Alaska Native (a person | 25 | | having origins in any of the original peoples of North | 26 | | and South America, including Central America, and who |
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| 1 | | maintains tribal affiliation or community attachment). | 2 | | (ii) Asian (a person having origins in any of the | 3 | | original peoples of the Far East, Southeast Asia, or | 4 | | the Indian subcontinent, including, but not limited | 5 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 6 | | Pakistan, the Philippine Islands, Thailand, and | 7 | | Vietnam). | 8 | | (iii) Black or African American (a person having | 9 | | origins in any of the black racial groups of Africa). | 10 | | (iv) Hispanic or Latino (a person of Cuban, | 11 | | Mexican, Puerto Rican, South or Central American, or | 12 | | other Spanish culture or origin, regardless of race). | 13 | | (v) Native Hawaiian or Other Pacific Islander (a | 14 | | person having origins in any of the original peoples of | 15 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 16 | | (vi) A woman. | 17 | | "Public funds" and "public monies" mean any funds | 18 | | received from: the federal government or any agency of the | 19 | | federal government; any state government or any agency or | 20 | | political subdivision of any state government; or the State | 21 | | or any unit of local government. | 22 | | (p) Municipalities may jointly undertake and perform | 23 | | redevelopment plans
and projects and utilize the provisions of | 24 | | the Act wherever they have
contiguous redevelopment project | 25 | | areas or they determine to adopt tax
increment financing with | 26 | | respect to a redevelopment project area which
includes |
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| 1 | | contiguous real property within the boundaries of the
| 2 | | municipalities, and in doing so, they may, by agreement between
| 3 | | municipalities, issue obligations, separately or jointly, and | 4 | | expend
revenues received under the Act for eligible expenses | 5 | | anywhere within
contiguous redevelopment project areas or as | 6 | | otherwise permitted in the Act.
| 7 | | (q) Utilize revenues, other than State sales tax increment | 8 | | revenues,
received under this Act from one redevelopment | 9 | | project area for
eligible
costs in another redevelopment | 10 | | project area that is:
| 11 | | (i) contiguous to the redevelopment project area from | 12 | | which the revenues are received; | 13 | | (ii) separated only by a public right of way from the | 14 | | redevelopment project area from which the revenues are | 15 | | received; or | 16 | | (iii) separated only by forest preserve property from | 17 | | the redevelopment project
area from which the revenues are | 18 | | received if the closest boundaries of the redevelopment | 19 | | project areas that are separated by the forest preserve | 20 | | property are less than one mile apart.
| 21 | | Utilize tax increment revenues for eligible costs that are | 22 | | received from a
redevelopment project area created under the | 23 | | Industrial Jobs Recovery Law that
is either contiguous to, or | 24 | | is separated only by a public right of way from,
the | 25 | | redevelopment project area created under this Act which | 26 | | initially receives
these revenues. Utilize revenues, other |
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| 1 | | than State sales tax increment
revenues, by transferring or | 2 | | loaning such revenues to a redevelopment project
area created | 3 | | under the Industrial Jobs Recovery Law that is either | 4 | | contiguous
to, or separated only by a public right of way from | 5 | | the redevelopment project
area that initially produced and | 6 | | received those revenues; and, if the
redevelopment
project area | 7 | | (i) was established before the effective date of this | 8 | | amendatory
Act of the 91st General Assembly and (ii) is located | 9 | | within a municipality with
a population of more than 100,000,
| 10 | | utilize revenues or proceeds of obligations authorized by | 11 | | Section 11-74.4-7 of
this
Act, other than use or occupation tax | 12 | | revenues, to pay for any redevelopment
project costs as defined | 13 | | by subsection (q) of Section 11-74.4-3 to the extent
that the | 14 | | redevelopment project costs involve public property that is | 15 | | either
contiguous to, or separated only by a public right of | 16 | | way from, a redevelopment
project area whether or not | 17 | | redevelopment project costs or the source of
payment for the | 18 | | costs are specifically set forth in the redevelopment plan for
| 19 | | the redevelopment project area.
| 20 | | (r) If no redevelopment project has been initiated in a
| 21 | | redevelopment
project area within 7 years after the area was | 22 | | designated by ordinance under
subsection (a), the municipality | 23 | | shall adopt an ordinance repealing the area's
designation as a | 24 | | redevelopment project area; provided, however, that if an area
| 25 | | received its
designation more than 3 years before the effective | 26 | | date of this amendatory Act
of 1994 and no redevelopment |
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| 1 | | 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. | 8 | | Notwithstanding any other provision of this Section to the | 9 | | contrary, with respect to a redevelopment project area | 10 | | designated by an ordinance that was adopted on July 29, 1998 by | 11 | | the City of Chicago, the City of Chicago shall adopt an | 12 | | ordinance repealing the area's designation as a redevelopment | 13 | | project area if no redevelopment project has been initiated in | 14 | | the redevelopment project area within 15 years after the | 15 | | designation of the area. The City of Chicago may retroactively | 16 | | repeal any ordinance adopted by the City of Chicago, pursuant | 17 | | to this subsection (r), that repealed the designation of a | 18 | | redevelopment project area designated by an ordinance that was | 19 | | adopted by the City of Chicago on July 29, 1998. The City of | 20 | | Chicago has 90 days after the effective date of this amendatory | 21 | | Act to repeal the ordinance. The changes to this Section made | 22 | | by this amendatory Act of the 96th General Assembly apply | 23 | | retroactively to July 27, 2005.
| 24 | | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
| 25 | | (65 ILCS 5/11-74.6-15)
|
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| 1 | | Sec. 11-74.6-15. Municipal Powers and Duties. A | 2 | | municipality may:
| 3 | | (a) By ordinance introduced in the governing body of the | 4 | | municipality
within 14 to 90 days from the final adjournment of | 5 | | the hearing specified in
Section 11-74.6-22, approve | 6 | | redevelopment plans and redevelopment
projects, and designate | 7 | | redevelopment planning areas and redevelopment project
areas | 8 | | pursuant to notice and
hearing required by this Act. No | 9 | | redevelopment planning area or redevelopment
project area | 10 | | shall be
designated unless a plan and project are approved | 11 | | before the designation of
the area and the area shall include | 12 | | only those parcels of real
property and improvements on those | 13 | | parcels substantially benefited by the
proposed redevelopment | 14 | | project improvements.
Upon adoption of the ordinances, the | 15 | | municipality shall forthwith transmit to
the county clerk of | 16 | | the county or counties within which the redevelopment
project | 17 | | area is located a certified copy of the ordinances, a legal | 18 | | description
of the redevelopment project area, a map of the | 19 | | redevelopment project area,
identification of the year that the | 20 | | county clerk shall use for determining the
total initial | 21 | | equalized assessed value of the redevelopment project area
| 22 | | consistent with subsection (a) of Section 11-74.6-40, and a
| 23 | | list of the parcel or tax identification number of each parcel | 24 | | of property
included in the redevelopment project area.
| 25 | | (b) Make and enter into all contracts necessary or | 26 | | incidental to the
implementation and furtherance of its |
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| 1 | | redevelopment plan and project.
| 2 | | (c) Within a redevelopment project area, acquire by | 3 | | purchase,
donation, lease or eminent domain; own, convey, | 4 | | lease, mortgage or
dispose of land and other property, real or | 5 | | personal, or rights or
interests therein, and grant or acquire | 6 | | licenses, easements and options
with respect to that property, | 7 | | all in the manner and at a price that the
municipality | 8 | | determines is reasonably necessary to achieve the objectives
of | 9 | | the redevelopment plan and project. No conveyance, lease, | 10 | | mortgage,
disposition of land or other property owned by a | 11 | | municipality, or agreement
relating to the
development of the | 12 | | municipal property shall be made or executed except
pursuant to | 13 | | prior official action of the corporate authorities of the
| 14 | | municipality. No conveyance,
lease, mortgage, or other | 15 | | disposition of land owned by a municipality, and
no agreement | 16 | | relating to the
development of the municipal property, shall be | 17 | | made without making public
disclosure of
the terms and the | 18 | | disposition of all bids and proposals submitted to the
| 19 | | municipality in connection therewith. The procedures for | 20 | | obtaining the bids
and proposals
shall provide reasonable | 21 | | opportunity for any person to submit alternative
proposals
or | 22 | | bids.
| 23 | | (d) Within a redevelopment project area, clear any area by
| 24 | | demolition or removal of any existing buildings, structures, | 25 | | fixtures,
utilities or improvements, and to clear and grade | 26 | | land.
|
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| 1 | | (e) Within a redevelopment project area, renovate or | 2 | | rehabilitate or
construct any structure or building, as | 3 | | permitted under this Law.
| 4 | | (f) Within or without a redevelopment project area, | 5 | | install, repair,
construct, reconstruct or relocate streets,
| 6 | | utilities and site improvements essential to the preparation of | 7 | | the
redevelopment area for use in accordance with a | 8 | | redevelopment plan.
| 9 | | (g) Within a redevelopment project area, fix, charge and | 10 | | collect fees,
rents and charges for the use of all or any part | 11 | | of any building or
property owned or leased by it.
| 12 | | (h) Issue obligations as provided in this Act.
| 13 | | (i) Accept grants, guarantees and donations of property, | 14 | | labor, or other
things of value from a public or private source | 15 | | for use within a project
redevelopment area.
| 16 | | (j) Acquire and construct public facilities within a | 17 | | redevelopment
project area, as permitted under this Law.
| 18 | | (k) Incur, pay or cause to be paid redevelopment project | 19 | | costs; provided,
however,
that on and
after the effective date | 20 | | of this amendatory
Act of the 91st General Assembly, no | 21 | | municipality shall incur redevelopment
project costs (except
| 22 | | for planning and other eligible costs authorized by municipal | 23 | | ordinance or
resolution that are subsequently included in the | 24 | | redevelopment plan for the
area and are incurred after the | 25 | | ordinance or resolution is adopted) that are
not consistent | 26 | | with the program for
accomplishing the objectives of the
|
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| 1 | | redevelopment plan as included in that plan and approved by the
| 2 | | municipality until the municipality has amended
the | 3 | | redevelopment plan as provided elsewhere in this Law.
Any | 4 | | payments to be made by the municipality to redevelopers or | 5 | | other
nongovernmental persons for redevelopment project costs | 6 | | incurred by
such redeveloper or other nongovernmental person | 7 | | shall be made only pursuant
to the prior official action of the | 8 | | municipality evidencing an intent to
pay or cause to be paid | 9 | | such redevelopment project costs. A
municipality is not | 10 | | required to obtain any right, title or interest in any
real or | 11 | | personal property in order to pay redevelopment project
costs | 12 | | associated with such property. The municipality shall adopt | 13 | | such
accounting procedures as may be necessary to determine | 14 | | that such redevelopment
project costs are properly paid.
| 15 | | (l) Create a commission of not less than 5 or more than 15 | 16 | | persons to
be appointed by the mayor or president of the | 17 | | municipality with the consent
of the majority of the governing | 18 | | board of the municipality. Members of a
commission appointed | 19 | | after the effective date of this Law
shall be appointed for | 20 | | initial terms of 1, 2, 3, 4 and 5 years,
respectively, in | 21 | | numbers so that the terms of not more than
1/3 of all members | 22 | | expire in any one year. Their successors
shall be appointed for | 23 | | a term of 5 years. The commission, subject to
approval of the | 24 | | corporate authorities of the municipality, may exercise the
| 25 | | powers enumerated in this Section. The commission shall also | 26 | | have the power
to hold the public hearings required by this Act |
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| 1 | | and make recommendations
to the corporate authorities | 2 | | concerning the adoption of redevelopment
plans, redevelopment | 3 | | projects and designation of redevelopment project areas.
| 4 | | When a commission created under this subsection (l) | 5 | | receives any public funds or public monies, its board shall | 6 | | include not less than 2 members of a labor council or councils | 7 | | and not less than: (i) 2 members from 2 separate minority | 8 | | groups, or (ii) one member who is a woman and one member from a | 9 | | minority group. The labor council or councils shall represent: | 10 | | (A) employees in the construction trades; and (B) employees in | 11 | | the public and private sector. The labor council, women, and | 12 | | minority group members shall be full commission members with | 13 | | all rights and privileges and shall not be compensated. No | 14 | | membership fees, dues, or assessments shall be required of any | 15 | | commission member. | 16 | | For purposes of this subsection: | 17 | | "Labor council" means any organization representing | 18 | | multiple entities who are monitoring or attentive to | 19 | | compliance with public or workers' safety laws, wage and | 20 | | hour requirements, making or maintaining collective | 21 | | bargaining agreements, or other statutory requirements. | 22 | | "Minority group" means a group that is a readily | 23 | | identifiable subset of the U.S. population and that is made | 24 | | up of persons who are any of the following: | 25 | | (i) American Indian or Alaska Native (a person | 26 | | having origins in any of the original peoples of North |
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| 1 | | and South America, including Central America, and who | 2 | | maintains tribal affiliation or community attachment). | 3 | | (ii) Asian (a person having origins in any of the | 4 | | original peoples of the Far East, Southeast Asia, or | 5 | | the Indian subcontinent, including, but not limited | 6 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 7 | | Pakistan, the Philippine Islands, Thailand, and | 8 | | Vietnam). | 9 | | (iii) Black or African American (a person having | 10 | | origins in any of the black racial groups of Africa). | 11 | | (iv) Hispanic or Latino (a person of Cuban, | 12 | | Mexican, Puerto Rican, South or Central American, or | 13 | | other Spanish culture or origin, regardless of race). | 14 | | (v) Native Hawaiian or Other Pacific Islander (a | 15 | | person having origins in any of the original peoples of | 16 | | Hawaii, Guam, Samoa, or other Pacific Islands). | 17 | | (vi) A woman. | 18 | | "Public funds" and "public monies" mean any funds | 19 | | received from: the federal government or any agency of the | 20 | | federal government; any state government or any agency or | 21 | | political subdivision of any state government; or the State | 22 | | or any unit of local government. | 23 | | (m) Make payment in lieu of all or a portion of real | 24 | | property taxes due
to taxing districts. If payments in lieu of | 25 | | all or a portion of taxes are
made to taxing districts, those | 26 | | payments shall be made to all districts
within a redevelopment |
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| 1 | | project area on a basis that is proportional to the
current | 2 | | collection of revenue which each taxing district receives from | 3 | | real
property in the redevelopment project area.
| 4 | | (n) Exercise any and all other powers necessary to | 5 | | effectuate the
purposes of this Act.
| 6 | | (o) In conjunction with other municipalities, undertake | 7 | | and perform
redevelopment plans and projects and utilize the | 8 | | provisions of the Act
wherever they have contiguous | 9 | | redevelopment project areas or they determine
to adopt tax | 10 | | increment allocation financing with respect to a redevelopment
| 11 | | project area that includes contiguous real property within the | 12 | | boundaries
of the municipalities, and, by agreement between | 13 | | participating
municipalities, to issue obligations, separately | 14 | | or jointly, and expend
revenues received under this Act for | 15 | | eligible expenses anywhere within
contiguous redevelopment | 16 | | project areas or as otherwise permitted in the Act. Two or more | 17 | | municipalities may designate a joint redevelopment project | 18 | | area under this subsection (o) for a single Industrial Park | 19 | | Conservation Area comprising of property within or near the | 20 | | boundaries of each municipality if: (i) both municipalities are | 21 | | located within the same Metropolitan Statistical Area, as | 22 | | defined by the United States Office of Management and Budget, | 23 | | (ii) the 4-year average unemployment rate for that Metropolitan | 24 | | Statistical Area was at least 11.3%, and (iii) at least one | 25 | | participating municipality demonstrates that it has made | 26 | | commitments to acquire capital assets to commence the project |
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| 1 | | and that the acquisition will occur on or before December 31, | 2 | | 2011. The joint redevelopment project area must encompass an | 3 | | interstate highway exchange for access and be located, in part, | 4 | | adjacent to a landfill or other solid waste disposal facility.
| 5 | | (p) Create an Industrial Jobs Recovery Advisory Committee | 6 | | of not more
than 15 members to be appointed by the mayor or | 7 | | president of the
municipality with the consent of the majority | 8 | | of the governing board of the
municipality. The members of that | 9 | | Committee shall be appointed for initial
terms of 1, 2, and 3 | 10 | | years respectively, in numbers so that the terms of
not more | 11 | | than 1/3 of all members expire in any one year. Their | 12 | | successors
shall be appointed for a term of 3 years. The | 13 | | Committee shall have none of
the powers enumerated in this | 14 | | Section. The Committee shall serve in an
advisory capacity | 15 | | only. The Committee may advise the governing board of
the | 16 | | municipality and other municipal officials regarding | 17 | | development issues
and opportunities within the redevelopment | 18 | | project area. The Committee may
also promote and publicize | 19 | | development opportunities in the redevelopment
project area.
| 20 | | (q) If a redevelopment project has not been initiated in a | 21 | | redevelopment
project area within 5 years after the area was | 22 | | designated by ordinance under
subsection (a), the municipality | 23 | | shall adopt an ordinance repealing the area's
designation as a | 24 | | redevelopment project area. Initiation of a redevelopment
| 25 | | project shall be evidenced by either a signed redevelopment | 26 | | agreement or
expenditures on eligible redevelopment project |
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| 1 | | costs associated with a
redevelopment project.
| 2 | | (r) Within a redevelopment planning area, transfer or loan | 3 | | tax increment
revenues from one redevelopment project area to | 4 | | another redevelopment project
area for expenditure on eligible | 5 | | costs in the receiving area.
| 6 | | (s) Use tax increment revenue produced in a redevelopment | 7 | | project area
created under this Law by transferring or loaning | 8 | | such revenues to a
redevelopment project area created under the | 9 | | Tax Increment Allocation
Redevelopment Act that is either | 10 | | contiguous to, or separated only by a public
right of way from, | 11 | | the redevelopment project area that initially produced and
| 12 | | received those revenues.
| 13 | | (t) The estimated dates of completion of the redevelopment | 14 | | project and retirement of obligations issued to finance | 15 | | redevelopment project costs (including refunding bonds under | 16 | | Section 11-74.6-30) may not be later than December 31 of the | 17 | | year in which the payment to the municipal treasurer as | 18 | | provided in subsection (b) of Section 11-74.6-35 of this Act is | 19 | | to be made with respect to ad valorem taxes levied in the 35th | 20 | | calendar year after the year in which the ordinance approving | 21 | | the redevelopment project area was adopted if the ordinance was | 22 | | adopted on September 23, 1997 by the City of Granite City. | 23 | | (Source: P.A. 99-263, eff. 8-4-15.)
| 24 | | Section 25. The Economic Development Project Area Tax | 25 | | Increment Allocation Act of
1995 is amended by changing Section |
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| 1 | | 60 as follows:
| 2 | | (65 ILCS 110/60)
| 3 | | Sec. 60. Powers of municipalities; economic development | 4 | | project area
commissions. In addition to powers that it may now | 5 | | have, a municipality has
the following powers under this Act:
| 6 | | (1) To make and enter into all contracts necessary or | 7 | | incidental to the
implementation and furtherance of an economic | 8 | | development plan.
| 9 | | (2) Within an economic development project area, to acquire | 10 | | by purchase,
donation, lease, or eminent domain and to own, | 11 | | convey, lease, mortgage, or
dispose of land and other real or | 12 | | personal property or rights or interests in
property and to | 13 | | grant or acquire licenses, easements, and options with respect
| 14 | | to property, all in the manner and at a price the municipality | 15 | | determines is
reasonably necessary to achieve the objectives of | 16 | | the economic development
project. No conveyance, lease, | 17 | | mortgage, disposition of land, or agreement
relating to the | 18 | | development of property shall be made or executed except
| 19 | | pursuant to prior official action of the municipality. No | 20 | | conveyance, lease,
mortgage, or other disposition of land in | 21 | | furtherance of an economic
development project, and no | 22 | | agreement relating to the development of property
in | 23 | | furtherance of an economic development project, shall be made | 24 | | without making
public disclosure of the terms and disposition | 25 | | of all bids and proposals
submitted to the municipality in |
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| 1 | | connection with that action.
| 2 | | (3) To clear any area within an economic development | 3 | | project area by
demolition or removal of any existing | 4 | | buildings, structures, fixtures,
utilities, or improvements | 5 | | and to clear and grade land.
| 6 | | (4) To install, repair, construct, reconstruct, extend or | 7 | | relocate public
streets, public utilities, and other public | 8 | | site improvements located outside
the boundaries of an economic | 9 | | development project area that are essential to
the preparation | 10 | | of an economic development project area for use in accordance
| 11 | | with an economic development plan.
| 12 | | (5) To renovate, rehabilitate, reconstruct, relocate, | 13 | | repair, or remodel any
existing buildings, improvements, and | 14 | | fixtures within an economic development
project area.
| 15 | | (6) To install or construct any buildings, structures, | 16 | | works, streets,
improvements, utilities, or fixtures within an | 17 | | economic development project
area.
| 18 | | (7) To issue obligations as provided in this Act.
| 19 | | (8) To fix, charge, and collect fees, rents, and charges | 20 | | for the use of any
building, facility, or property or any | 21 | | portion of a building, facility, or
property owned or leased by | 22 | | the municipality in furtherance of an economic
development | 23 | | project under this Act within an economic development project | 24 | | area.
| 25 | | (9) To accept grants, guarantees, donations of property or | 26 | | labor, or any
other thing of value for use in connection with |
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| 1 | | an economic development
project.
| 2 | | (10) To pay or cause to be paid economic development | 3 | | project costs,
including, specifically, to reimburse any | 4 | | developer or nongovernmental person
for economic development | 5 | | project costs incurred by that person. Any payments
to be made | 6 | | by a municipality to developers or other nongovernmental | 7 | | persons for
economic development project costs incurred by the | 8 | | developer or other
nongovernmental person shall be made only | 9 | | pursuant to the prior official action
of the municipality | 10 | | evidencing an intent to pay or cause to be paid those
economic | 11 | | development costs. A municipality is not required
to obtain any | 12 | | right, title, or interest in any real or personal property in
| 13 | | order to pay economic development project costs associated with | 14 | | the property.
The municipality shall adopt accounting | 15 | | procedures necessary to determine that
the economic | 16 | | development project costs are properly paid.
| 17 | | (11) To utilize revenues received under this Act from one | 18 | | economic
development project area for economic development | 19 | | project costs in another
economic development project area that | 20 | | is either contiguous to, or is separated
only by a public | 21 | | right-of-way from, the economic development project area from
| 22 | | which the revenues are received.
| 23 | | (12) To exercise any and all other powers necessary to | 24 | | effectuate the
purposes of this Act.
| 25 | | (13) To create a commission of not less than 5 or more than | 26 | | 15 persons to be
appointed by the corporate authorities of the |
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| 1 | | municipality. Members of a
commission shall be appointed for | 2 | | initial terms of 1, 2, 3, 4, and 5 years,
respectively, in | 3 | | numbers to provide that the terms of not more than one-third
of | 4 | | all the members shall expire in any one year. Their successors | 5 | | shall be
appointed for a term of 5 years. The commission, | 6 | | subject to approval of the
corporate authorities, may exercise | 7 | | the powers enumerated in this Section. The
commission also may | 8 | | hold the public hearings required by this Act and make
| 9 | | recommendations to the corporate authorities concerning the | 10 | | approval of
economic development plans, the establishment of | 11 | | economic development project
areas, and the adoption of tax | 12 | | increment allocation financing for economic
development | 13 | | project areas.
| 14 | | When a commission created under this paragraph (13) | 15 | | receives any public funds or public monies, its board shall | 16 | | include not less than 2 members of a labor council or councils | 17 | | and not less than: (i) 2 members from 2 separate minority | 18 | | groups, or (ii) one member who is a woman and one member from a | 19 | | minority group. The labor council or councils shall represent: | 20 | | (A) employees in the construction trades; and (B) employees in | 21 | | the public and private sector. The labor council, women, and | 22 | | minority group members shall be full commission members with | 23 | | all rights and privileges and shall not be compensated. No | 24 | | membership fees, dues, or assessments shall be required of any | 25 | | commission member. | 26 | | For purposes of this paragraph: |
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| 1 | | "Labor council" means any organization representing | 2 | | multiple entities who are monitoring or attentive to | 3 | | compliance with public or workers' safety laws, wage and | 4 | | hour requirements, making or maintaining collective | 5 | | bargaining agreements, or other statutory requirements. | 6 | | "Minority group" means a group that is a readily | 7 | | identifiable subset of the U.S. population and that is made | 8 | | up of persons who are any of the following: | 9 | | (i) American Indian or Alaska Native (a person | 10 | | having origins in any of the original peoples of North | 11 | | and South America, including Central America, and who | 12 | | maintains tribal affiliation or community attachment). | 13 | | (ii) Asian (a person having origins in any of the | 14 | | original peoples of the Far East, Southeast Asia, or | 15 | | the Indian subcontinent, including, but not limited | 16 | | to, Cambodia, China, India, Japan, Korea, Malaysia, | 17 | | Pakistan, the Philippine Islands, Thailand, and | 18 | | Vietnam). | 19 | | (iii) Black or African American (a person having | 20 | | origins in any of the black racial groups of Africa). | 21 | | (iv) Hispanic or Latino (a person of Cuban, | 22 | | Mexican, Puerto Rican, South or Central American, or | 23 | | other Spanish culture or origin, regardless of race). | 24 | | (v) Native Hawaiian or Other Pacific Islander (a | 25 | | person having origins in any of the original peoples of | 26 | | Hawaii, Guam, Samoa, or other Pacific Islands). |
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| 1 | | (vi) A woman. | 2 | | "Public funds" and "public monies" mean any funds | 3 | | received from: the federal government or any agency of the | 4 | | federal government; any state government or any agency or | 5 | | political subdivision of any state government; or the State | 6 | | or any unit of local government. | 7 | | (Source: P.A. 89-176, eff. 1-1-96.)
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