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| Public Act 097-0591 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 11-74.6-15 as follows:
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(65 ILCS 5/11-74.6-15)
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Sec. 11-74.6-15. Municipal Powers and Duties. A | ||||
municipality may:
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(a) By ordinance introduced in the governing body of the | ||||
municipality
within 14 to 90 days from the final adjournment of | ||||
the hearing specified in
Section 11-74.6-22, approve | ||||
redevelopment plans and redevelopment
projects, and designate | ||||
redevelopment planning areas and redevelopment project
areas | ||||
pursuant to notice and
hearing required by this Act. No | ||||
redevelopment planning area or redevelopment
project area | ||||
shall be
designated unless a plan and project are approved | ||||
before the designation of
the area and the area shall include | ||||
only those parcels of real
property and improvements on those | ||||
parcels substantially benefited by the
proposed redevelopment | ||||
project improvements.
Upon adoption of the ordinances, the | ||||
municipality shall forthwith transmit to
the county clerk of | ||||
the county or counties within which the redevelopment
project | ||||
area is located a certified copy of the ordinances, a legal | ||||
description
of the redevelopment project area, a map of the | ||
redevelopment project area,
identification of the year that the | ||
county clerk shall use for determining the
total initial | ||
equalized assessed value of the redevelopment project area
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consistent with subsection (a) of Section 11-74.6-40, and a
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list of the parcel or tax identification number of each parcel | ||
of property
included in the redevelopment project area.
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(b) Make and enter into all contracts necessary or | ||
incidental to the
implementation and furtherance of its | ||
redevelopment plan and project.
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(c) Within a redevelopment project area, acquire by | ||
purchase,
donation, lease or eminent domain; own, convey, | ||
lease, mortgage or
dispose of land and other property, real or | ||
personal, or rights or
interests therein, and grant or acquire | ||
licenses, easements and options
with respect to that property, | ||
all in the manner and at a price that the
municipality | ||
determines is reasonably necessary to achieve the objectives
of | ||
the redevelopment plan and project. No conveyance, lease, | ||
mortgage,
disposition of land or other property owned by a | ||
municipality, or agreement
relating to the
development of the | ||
municipal property shall be made or executed except
pursuant to | ||
prior official action of the corporate authorities of the
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municipality. No conveyance,
lease, mortgage, or other | ||
disposition of land owned by a municipality, and
no agreement | ||
relating to the
development of the municipal property, shall be | ||
made without making public
disclosure of
the terms and the | ||
disposition of all bids and proposals submitted to the
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municipality in connection therewith. The procedures for | ||
obtaining the bids
and proposals
shall provide reasonable | ||
opportunity for any person to submit alternative
proposals
or | ||
bids.
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(d) Within a redevelopment project area, clear any area by
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demolition or removal of any existing buildings, structures, | ||
fixtures,
utilities or improvements, and to clear and grade | ||
land.
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(e) Within a redevelopment project area, renovate or | ||
rehabilitate or
construct any structure or building, as | ||
permitted under this Law.
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(f) Within or without a redevelopment project area, | ||
install, repair,
construct, reconstruct or relocate streets,
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utilities and site improvements essential to the preparation of | ||
the
redevelopment area for use in accordance with a | ||
redevelopment plan.
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(g) Within a redevelopment project area, fix, charge and | ||
collect fees,
rents and charges for the use of all or any part | ||
of any building or
property owned or leased by it.
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(h) Issue obligations as provided in this Act.
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(i) Accept grants, guarantees and donations of property, | ||
labor, or other
things of value from a public or private source | ||
for use within a project
redevelopment area.
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(j) Acquire and construct public facilities within a | ||
redevelopment
project area, as permitted under this Law.
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(k) Incur, pay or cause to be paid redevelopment project | ||
costs; provided,
however,
that on and
after the effective date | ||
of this amendatory
Act of the 91st General Assembly, no | ||
municipality shall incur redevelopment
project costs (except
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for planning and other eligible costs authorized by municipal | ||
ordinance or
resolution that are subsequently included in the | ||
redevelopment plan for the
area and are incurred after the | ||
ordinance or resolution is adopted) that are
not consistent | ||
with the program for
accomplishing the objectives of the
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redevelopment plan as included in that plan and approved by the
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municipality until the municipality has amended
the | ||
redevelopment plan as provided elsewhere in this Law.
Any | ||
payments to be made by the municipality to redevelopers or | ||
other
nongovernmental persons for redevelopment project costs | ||
incurred by
such redeveloper or other nongovernmental person | ||
shall be made only pursuant
to the prior official action of the | ||
municipality evidencing an intent to
pay or cause to be paid | ||
such redevelopment project costs. A
municipality is not | ||
required to obtain any right, title or interest in any
real or | ||
personal property in order to pay redevelopment project
costs | ||
associated with such property. The municipality shall adopt | ||
such
accounting procedures as may be necessary to determine | ||
that such redevelopment
project costs are properly paid.
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(l) Create a commission of not less than 5 or more than 15 | ||
persons to
be appointed by the mayor or president of the | ||
municipality with the consent
of the majority of the governing | ||
board of the municipality. Members of a
commission appointed | ||
after the effective date of this Law
shall be appointed for | ||
initial terms of 1, 2, 3, 4 and 5 years,
respectively, in | ||
numbers so that the terms of not more than
1/3 of all members | ||
expire in any one year. Their successors
shall be appointed for | ||
a term of 5 years. The commission, subject to
approval of the | ||
corporate authorities of the municipality, may exercise the
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powers enumerated in this Section. The commission shall also | ||
have the power
to hold the public hearings required by this Act | ||
and make recommendations
to the corporate authorities | ||
concerning the adoption of redevelopment
plans, redevelopment | ||
projects and designation of redevelopment project areas.
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(m) Make payment in lieu of all or a portion of real | ||
property taxes due
to taxing districts. If payments in lieu of | ||
all or a portion of taxes are
made to taxing districts, those | ||
payments shall be made to all districts
within a redevelopment | ||
project area on a basis that is proportional to the
current | ||
collection of revenue which each taxing district receives from | ||
real
property in the redevelopment project area.
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(n) Exercise any and all other powers necessary to | ||
effectuate the
purposes of this Act.
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(o) In conjunction with other municipalities, undertake | ||
and perform
redevelopment plans and projects and utilize the | ||
provisions of the Act
wherever they have contiguous | ||
redevelopment project areas or they determine
to adopt tax | ||
increment allocation financing with respect to a redevelopment
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project area that includes contiguous real property within the | ||
boundaries
of the municipalities, and, by agreement between | ||
participating
municipalities, to issue obligations, separately | ||
or jointly, and expend
revenues received under this Act for | ||
eligible expenses anywhere within
contiguous redevelopment | ||
project areas or as otherwise permitted in the Act. Two or more | ||
municipalities may designate a joint redevelopment project | ||
area under this subsection (o) for a single Industrial Park | ||
Conservation Area comprising of property within or near the | ||
boundaries of each municipality if: (i) both municipalities are | ||
located within the same Metropolitan Statistical Area, as | ||
defined by the United States Office of Management and Budget, | ||
(ii) the 4-year average unemployment rate for that Metropolitan | ||
Statistical Area was at least 11.3%, and (iii) at least one | ||
participating municipality demonstrates that it has made | ||
commitments to acquire capital assets to commence the project | ||
and that the acquisition will occur on or before December 31, | ||
2011. The joint redevelopment project area must encompass an | ||
interstate highway exchange for access and be located, in part, | ||
adjacent to a landfill or other solid waste disposal facility.
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(p) Create an Industrial Jobs Recovery Advisory Committee | ||
of not more
than 15 members to be appointed by the mayor or | ||
president of the
municipality with the consent of the majority | ||
of the governing board of the
municipality. The members of that | ||
Committee shall be appointed for initial
terms of 1, 2, and 3 | ||
years respectively, in numbers so that the terms of
not more | ||
than 1/3 of all members expire in any one year. Their | ||
successors
shall be appointed for a term of 3 years. The | ||
Committee shall have none of
the powers enumerated in this | ||
Section. The Committee shall serve in an
advisory capacity | ||
only. The Committee may advise the governing board of
the | ||
municipality and other municipal officials regarding | ||
development issues
and opportunities within the redevelopment | ||
project area. The Committee may
also promote and publicize | ||
development opportunities in the redevelopment
project area.
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(q) If a redevelopment project has not been initiated in a | ||
redevelopment
project area within 5 years after the area was | ||
designated by ordinance under
subsection (a), the municipality | ||
shall adopt an ordinance repealing the area's
designation as a | ||
redevelopment project area. Initiation of a redevelopment
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project shall be evidenced by either a signed redevelopment | ||
agreement or
expenditures on eligible redevelopment project | ||
costs associated with a
redevelopment project.
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(r) Within a redevelopment planning area, transfer or loan | ||
tax increment
revenues from one redevelopment project area to | ||
another redevelopment project
area for expenditure on eligible | ||
costs in the receiving area.
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(s) Use tax increment revenue produced in a redevelopment | ||
project area
created under this Law by transferring or loaning | ||
such revenues to a
redevelopment project area created under the | ||
Tax Increment Allocation
Redevelopment Act that is either | ||
contiguous to, or separated only by a public
right of way from, | ||
the redevelopment project area that initially produced and
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received those revenues.
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(Source: P.A. 90-258, eff. 7-30-97; 91-474, eff. 11-1-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||