[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB2741
LRB9105560MWgc
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-74.4-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-74.4-4 as follows:
7 (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
8 Sec. 11-74.4-4. Municipal powers and duties;
9 redevelopment project areas. A municipality may:
10 (a) By ordinance introduced in the governing body of the
11 municipality within 14 to 90 days from the completion of the
12 hearing specified in Section 11-74.4-5 approve redevelopment
13 plans and redevelopment projects, and designate redevelopment
14 project areas pursuant to notice and hearing required by this
15 Act. No redevelopment project area shall be designated
16 unless a plan and project are approved prior to the
17 designation of such area and such area shall include only
18 those contiguous parcels of real property and improvements
19 thereon substantially benefited by the proposed redevelopment
20 project improvements.
21 (b) Make and enter into all contracts necessary or
22 incidental to the implementation and furtherance of its
23 redevelopment plan and project.
24 (c) Within a redevelopment project area, acquire by
25 purchase, donation, lease or eminent domain; own, convey,
26 lease, mortgage or dispose of land and other property, real
27 or personal, or rights or interests therein, and grant or
28 acquire licenses, easements and options with respect thereto,
29 all in the manner and at such price the municipality
30 determines is reasonably necessary to achieve the objectives
31 of the redevelopment plan and project. No conveyance, lease,
-2- LRB9105560MWgc
1 mortgage, disposition of land or other property, or agreement
2 relating to the development of the property shall be made
3 except upon the adoption of an ordinance by the corporate
4 authorities of the municipality. Furthermore, no conveyance,
5 lease, mortgage, or other disposition of land or agreement
6 relating to the development of property shall be made without
7 making public disclosure of the terms of the disposition and
8 all bids and proposals made in response to the municipality's
9 request. The procedures for obtaining such bids and
10 proposals shall provide reasonable opportunity for any person
11 to submit alternative proposals or bids.
12 (d) Within a redevelopment project area, clear any area
13 by demolition or removal of any existing buildings and
14 structures.
15 (e) Within a redevelopment project area, renovate or
16 rehabilitate or construct any structure or building.
17 (f) Install, repair, construct, reconstruct or relocate
18 streets, utilities and site improvements essential to the
19 preparation of the redevelopment area for use in accordance
20 with a redevelopment plan.
21 (g) Within a redevelopment project area, fix, charge and
22 collect fees, rents and charges for the use of any building
23 or property owned or leased by it or any part thereof, or
24 facility therein.
25 (h) Accept grants, guarantees and donations of property,
26 labor, or other things of value from a public or private
27 source for use within a project redevelopment area.
28 (i) Acquire and construct public facilities within a
29 redevelopment project area.
30 (j) Incur project redevelopment costs.
31 (k) Create a commission of not less than 5 or more than
32 15 persons to be appointed by the mayor or president of the
33 municipality with the consent of the majority of the
34 governing board of the municipality. Members of a commission
-3- LRB9105560MWgc
1 appointed after the effective date of this amendatory Act of
2 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5
3 years, respectively, in such numbers as to provide that the
4 terms of not more than 1/3 of all such members shall expire
5 in any one year. Their successors shall be appointed for a
6 term of 5 years. The commission, subject to approval of the
7 corporate authorities may exercise the powers enumerated in
8 this Section. The commission shall also have the power to
9 hold the public hearings required by this division and make
10 recommendations to the corporate authorities concerning the
11 adoption of redevelopment plans, redevelopment projects and
12 designation of redevelopment project areas.
13 (l) Make payment in lieu of taxes or a portion thereof
14 to taxing districts. If payments in lieu of taxes or a
15 portion thereof are made to taxing districts, those payments
16 shall be made to all districts within a project redevelopment
17 area on a basis which is proportional to the current
18 collections of revenue which each taxing district receives
19 from real property in the redevelopment project area.
20 (m) Exercise any and all other powers necessary to
21 effectuate the purposes of this Act.
22 (n) If any member of the corporate authority, a member
23 of a commission established pursuant to Section 11-74.4-4(k)
24 of this Act, or an employee or consultant of the municipality
25 involved in the planning and preparation of a redevelopment
26 plan, or project for a redevelopment project area or proposed
27 redevelopment project area, as defined in Sections
28 11-74.4-3(i) through (k) of this Act, owns or controls an
29 interest, direct or indirect, in any property included in any
30 redevelopment area, or proposed redevelopment area, he or she
31 shall disclose the same in writing to the clerk of the
32 municipality, and shall also so disclose the dates and terms
33 and conditions of any disposition of any such interest, which
34 disclosures shall be acknowledged by the corporate
-4- LRB9105560MWgc
1 authorities and entered upon the minute books of the
2 corporate authorities. If an individual holds such an
3 interest then that individual shall refrain from any further
4 official involvement in regard to such redevelopment plan,
5 project or area, from voting on any matter pertaining to such
6 redevelopment plan, project or area, or communicating with
7 other members concerning corporate authorities, commission or
8 employees concerning any matter pertaining to said
9 redevelopment plan, project or area. Furthermore, no such
10 member or employee shall acquire of any interest direct, or
11 indirect, in any property in a redevelopment area or proposed
12 redevelopment area after either (a) such individual obtains
13 knowledge of such plan, project or area or (b) first public
14 notice of such plan, project or area pursuant to Section
15 11-74.4-6 of this Division, whichever occurs first.
16 (o) Create a Tax Increment Economic Development Advisory
17 Committee to be appointed by the Mayor or President of the
18 municipality with the consent of the majority of the
19 governing board of the municipality, the members of which
20 Committee shall be appointed for initial terms of 1, 2, 3, 4
21 and 5 years respectively, in such numbers as to provide that
22 the terms of not more than 1/3 of all such members shall
23 expire in any one year. Their successors shall be appointed
24 for a term of 5 years. The Committee shall have none of the
25 powers enumerated in this Section. The Committee shall serve
26 in an advisory capacity only. The Committee may advise the
27 governing Board of the municipality and other municipal
28 officials regarding development issues and opportunities
29 within the redevelopment project area or the area within the
30 State Sales Tax Boundary. The Committee may also promote and
31 publicize development opportunities in the redevelopment
32 project area or the area within the State Sales Tax Boundary.
33 (p) Municipalities may jointly undertake and perform
34 redevelopment plans and projects and utilize the provisions
-5- LRB9105560MWgc
1 of the Act wherever they have contiguous redevelopment
2 project areas or they determine to adopt tax increment
3 financing with respect to a redevelopment project area which
4 includes contiguous real property within the boundaries of
5 the municipalities, and in doing so, they may, by agreement
6 between municipalities, issue obligations, separately or
7 jointly, and expend revenues received under the Act for
8 eligible expenses anywhere within contiguous redevelopment
9 project areas or as otherwise permitted in the Act.
10 (q) Utilize revenues, other than State sales tax
11 increment revenues, received under this Act from one
12 redevelopment project area for eligible costs in another
13 redevelopment project area that is either contiguous to, or
14 is separated only by a public right of way from, the
15 redevelopment project area from which the revenues are
16 received. Utilize tax increment revenues for eligible costs
17 that are received from a redevelopment project area created
18 under the Industrial Jobs Recovery Law that is either
19 contiguous to, or is separated only by a public right of way
20 from, the redevelopment project area created under this Act
21 which initially receives these revenues. Utilize revenues,
22 other than State sales tax increment revenues, by
23 transferring or loaning such revenues to a redevelopment
24 project area created under the Industrial Jobs Recovery Law
25 that is either contiguous to, or separated only by a public
26 right of way from the redevelopment project area that
27 initially produced and received those revenues.
28 (r) If no redevelopment project has been initiated in a
29 redevelopment project area within 7 years after the area was
30 designated by ordinance under subsection (a), the
31 municipality shall adopt an ordinance repealing the area's
32 designation as a redevelopment project area; provided,
33 however, that if an area received its designation more than 3
34 years before the effective date of this amendatory Act of
-6- LRB9105560MWgc
1 1994 and no redevelopment project has been initiated within 4
2 years after the effective date of this amendatory Act of
3 1994, the municipality shall adopt an ordinance repealing its
4 designation as a redevelopment project area. Initiation of a
5 redevelopment project shall be evidenced by either a signed
6 redevelopment agreement or expenditures on eligible
7 redevelopment project costs associated with a redevelopment
8 project.
9 (s) In a municipality with a population of 5,000 or less
10 where a taxing district has property located in the
11 redevelopment project area and the taxing district has
12 uninsured indebtedness due or to become due on a judgment for
13 which the taxing district has assessed a special levy, the
14 municipality may refund to the taxing district any moneys
15 received by the municipality as tax increment funds solely by
16 reason of increased revenue produced by the taxing district's
17 special levy.
18 (Source: P.A. 90-258, eff. 7-30-97.)