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91_HB2741eng HB2741 Engrossed 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, HB2741 Engrossed -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 HB2741 Engrossed -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 HB2741 Engrossed -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 HB2741 Engrossed -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 HB2741 Engrossed -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.)