Full Text of SB2968 93rd General Assembly
SB2968 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2968
Introduced 2/6/2004, by James F. Clayborne Jr. SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/18-181 new |
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315 ILCS 20/3-11 |
from Ch. 67 1/2, par. 253-11 |
315 ILCS 20/4 |
from Ch. 67 1/2, par. 254 |
315 ILCS 20/15 |
from Ch. 67 1/2, par. 265 |
315 ILCS 20/15-5 new |
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315 ILCS 20/17 |
from Ch. 67 1/2, par. 267 |
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Amends the Neighborhood
Redevelopment Corporation Law. Provides that, upon approval of the governing
body of a city, village, or incorporated town, after it complies with notice,
hearing, and other requirements, the general real estate taxes on the
improvements on real property of a neighborhood redevelopment corporation or
its immediate successor in that city, village, or incorporated town shall be
abated for a period not in excess of 10 years after the date upon which the
corporation becomes owner of that real property. The tax on that property,
however, exclusive of improvements, may continue to be imposed and collected
but shall be frozen at the amount of taxes owed, or that would have been owed,
for the property as unimproved in the year prior to the year it was acquired by
the neighborhood redevelopment corporation. For the next ensuing period not in
excess of 15 years, general real estate taxes on the property shall be abated
in an amount not to exceed 50% of the taxes imposed by each taxing district.
The parties may agree, by contract, to payments in lieu of taxes. After a
period of not more than 25 years, tax abatements are eliminated. Limits the
provisions to property located in St. Clair County. For St. Clair County,
changes the Law with respect to what constitutes a "slum and blighted area",
who may appoint members of the Commission and the number of Commissioners, and
how certificates of convenience
and necessity are approved. Amends the Property Tax Code to authorize the
abatements. Effective immediately.
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A BILL FOR
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SB2968 |
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LRB093 21070 SJM 47102 b |
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| AN ACT concerning economic development.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by adding | 5 |
| Section 18-181 as
follows:
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| (35 ILCS 200/18-181 new)
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| Sec. 18-181. Abatement of neighborhood redevelopment | 8 |
| corporation property.
The county clerk shall abate the | 9 |
| property taxes imposed on the property of a
neighborhood | 10 |
| redevelopment corporation as provided in Section 15-5 of the
| 11 |
| Neighborhood Redevelopment Corporation Law.
| 12 |
| Section 10. The Neighborhood Redevelopment Corporation | 13 |
| Law is amended by
changing Sections 3-11, 4, 15, and 17 and by | 14 |
| adding Section 15-5 as follows:
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| (315 ILCS 20/3-11)
(from Ch. 67 1/2, par. 253-11)
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| Sec. 3-11. "Slum and Blight Areas" means those urban | 17 |
| districts in which the
major portion of the housing is | 18 |
| detrimental to the health, safety, morality
or welfare of the | 19 |
| occupants by reason of age, dilapidation, overcrowding,
faulty | 20 |
| arrangement, lack of ventilation, light or sanitation | 21 |
| facilities, or
any combination of these factors.
In St. Clair | 22 |
| County, "slum and blighted area" also means any area of not | 23 |
| less
in the
aggregate than 2 acres located within the | 24 |
| territorial limits of a municipality
where
buildings or | 25 |
| improvements, by reason of dilapidation, obsolescence,
| 26 |
| overcrowding, faulty
arrangement or design, lack of | 27 |
| ventilation, light and sanitary facilities,
excessive land
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| coverage, deleterious land use or layout or any combination of | 29 |
| these factors,
are
detrimental to the public safety, health, | 30 |
| morals, or welfare.
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| (Source: Laws 1947, p. 685.)
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| (315 ILCS 20/4)
(from Ch. 67 1/2, par. 254)
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| Sec. 4. Creation
and establishment of redevelopment | 4 |
| commissions.
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| (a) Any city, village or incorporated town shall have the | 6 |
| power to
provide
for the creation of a Redevelopment Commission | 7 |
| to supervise and regulate
Neighborhood Redevelopment | 8 |
| Corporations organized pursuant to the
provisions of this Act | 9 |
| to operate within the boundaries of such city,
village or | 10 |
| incorporated town.
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| (1) Except as provided in subdivision (a)(2), such | 12 |
| Redevelopment
Commission shall consist
of not less than | 13 |
| three nor more than five members, one of which members
| 14 |
| shall be designated as its chairman, to be appointed by the | 15 |
| mayor of the
city, by and with the advice and consent of | 16 |
| the city council of the city,
or by the president of the | 17 |
| village or incorporated town, as the case may
be, by and | 18 |
| with the advice and consent of the board of trustees of the
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| village or incorporated town. Each member of the | 20 |
| Redevelopment Commission
shall hold office for a term of | 21 |
| two years and until his successor shall be
appointed and | 22 |
| qualified. Any vacancy in the membership of the | 23 |
| Redevelopment
Commission occurring by reason of the death, | 24 |
| resignation, disqualification,
inability or refusal to act | 25 |
| of any of the members thereof shall be filled
by | 26 |
| appointment by the mayor or president, as the case may be, | 27 |
| by and with
the advice and consent of the city council of | 28 |
| the city or board of trustees
of the village or | 29 |
| incorporated town, as the case may be.
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| (2) In St. Clair County, the Redevelopment Commission | 31 |
| shall consist
of
either 5 or 7 appointed members as | 32 |
| determined by the mayor. The mayor and each
member of
the | 33 |
| city
council may nominate a person to fill each position on | 34 |
| the Redevelopment
Commission.
The president of the village | 35 |
| or
incorporated town, as the case may
be, and each member |
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| of the board of trustees of the village or incorporated
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| town
may nominate a person to fill each position on the | 3 |
| Redevelopment Commission.
Each nominee must be a person of | 4 |
| recognized ability and
experience in one or more of the | 5 |
| following areas: economic development;
finance; banking; | 6 |
| industrial development; small business management; real
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| estate development; community development; venture | 8 |
| finance; organized labor; or
civic, community, or | 9 |
| neighborhood organization.
A nominated person shall be | 10 |
| appointed to the Redevelopment
Commission only
upon a | 11 |
| majority vote of the city council or the board of trustees | 12 |
| of the
village or
incorporated town, as the case may be. | 13 |
| Only one person may fill each open
position on the | 14 |
| Redevelopment Commission. One of the appointed members | 15 |
| shall
be designated as the chairman of the Redevelopment | 16 |
| Commission by a majority
vote of the city council or the | 17 |
| board of trustees of the village or
incorporated
town, as | 18 |
| the case may be. Only one member may serve as chairman at | 19 |
| any given
time.
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| The initial terms of members of the Redevelopment | 21 |
| Commission appointed
under
this subdivision (a)(2) shall | 22 |
| be as follows: for a Commission consisting of 5
members: 2
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| terms for 3 years, 2 terms for 2 years, and one term for | 24 |
| one year; for a
Commission
consisting of 7 members: 3 terms | 25 |
| for 3 years, 3 terms for 2 years, and one term
for 1 year.
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| The length of the term of the first Commissioners shall be | 27 |
| determined by lots
at their first
meeting. The initial | 28 |
| terms of office of members who are to so hold office
shall | 29 |
| continue
until the July 1 that next follows the expiration | 30 |
| of the respective periods
from the date of
the appointment | 31 |
| of the member, and until his or her successor is appointed | 32 |
| and
qualified.
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| Each subsequent Commissioner appointed under this | 34 |
| subdivision (a)(2) shall
hold
officer for a term of for 4 | 35 |
| years and until his or her successor is appointed
and | 36 |
| qualified.
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| The unexpired term of
any
vacancy in the membership of | 2 |
| the Redevelopment Commission occurring by
reason of the | 3 |
| death, resignation, disqualification, inability, or | 4 |
| refusal to
act of any
of the members thereof shall be | 5 |
| filled in the same manner as the vacated
position
was | 6 |
| filled.
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| In addition to the 5 or 7 appointed members,
the | 8 |
| Director of Commerce and Economic Opportunity, or his or | 9 |
| her designee, and
the Secretary of Transportation, or his | 10 |
| or her designee, shall serve as ex
officio non-voting | 11 |
| members.
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| (b) No person holding stocks or Mortgages in any | 13 |
| Neighborhood
Redevelopment
Corporation, or who is in any other | 14 |
| manner directly or indirectly
pecuniarily interested in such | 15 |
| Neighborhood Redevelopment Corporation, or
in the Development | 16 |
| undertaken by it, shall be appointed as a member of, or
be | 17 |
| employed by, that Redevelopment Commission to whose | 18 |
| supervision and
regulation such Neighborhood Redevelopment | 19 |
| Corporation is subject. If any
such member or employee shall | 20 |
| voluntarily become so interested his office
or employment shall | 21 |
| ipso facto become vacant. If any such member or
employee | 22 |
| becomes so interested otherwise than voluntarily he shall | 23 |
| within
ninety days divest himself of such interest and if he | 24 |
| fails to do so his
office or employment shall become vacant.
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| (c) The Redevelopment Commission shall have power, subject | 26 |
| to the
approval
of the city council of the city, or of the | 27 |
| president and the board of
trustees of the village or | 28 |
| incorporated town, as the case may be, to
appoint a secretary | 29 |
| and from time to time to employ such accountants,
engineers, | 30 |
| architects, experts, inspectors, clerks and other employees | 31 |
| and
fix their compensation.
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| (d) Each member of the Redevelopment Commission shall | 33 |
| receive such
salary as
shall be fixed by the city council of | 34 |
| the city, or by the president and the
board of trustees of the | 35 |
| village or incorporated town, as the case may be,
and said city | 36 |
| council or president and board of trustees shall have power
to |
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| provide for the payment of the salaries of all members and the | 2 |
| expenses
of the Redevelopment Commission.
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| (Source: Laws 1941, vol. 1, p. 431.)
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| (315 ILCS 20/15)
(from Ch. 67 1/2, par. 265)
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| Sec. 15. Taxation of Neighborhood Redevelopment | 6 |
| Corporations.
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| Except as provided in Section 15-5, Neighborhood | 8 |
| Redevelopment
Corporations organized under this Act,
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| notwithstanding their function in the Redevelopment of Slum and | 10 |
| Blight or
Conservation Areas, shall be subject to the same | 11 |
| taxation, general and
special, as to their assets, tangible and | 12 |
| intangible, and as to their
capital stock, as is imposed by law | 13 |
| upon the assets and capital stock of
private corporations for | 14 |
| profit organized pursuant to the laws of this
State.
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| (Source: Laws 1953, p. 1138.)
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| (315 ILCS 20/15-5 new)
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| Sec. 15-5. Property tax abatement; limitation.
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| (a) Once the requirements of this Section have been | 19 |
| complied with, except as
otherwise provided in this Section, | 20 |
| the general real estate taxes imposed on
the real
property | 21 |
| located in St. Clair County of a neighborhood redevelopment
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| corporation or its immediate successor and acquired pursuant to | 23 |
| this
Law
shall be abated
for a
period not in excess of 10 years | 24 |
| after the
date upon
which the corporation becomes owner of that | 25 |
| real property.
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| (b) General real estate taxes may be imposed and collected, | 27 |
| however, to the
extent
and in
the amount as may be imposed upon | 28 |
| that real property during that period
measured
solely by the | 29 |
| amount of the assessed valuation of the land, exclusive of
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| improvements,
acquired pursuant to this Law and owned by the | 31 |
| neighborhood redevelopment
corporation or its immediate | 32 |
| successor,
as was determined by the county, township, or | 33 |
| multi-township assessor, for
real estate taxes
due and
payable | 34 |
| thereon during the calendar year preceding the calendar year |
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| during
which the
corporation acquired title to the real | 2 |
| property. The assessed valuation
shall
not be increased during | 3 |
| that period so long as the real property is owned by a
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| neighborhood redevelopment corporation or its immediate | 5 |
| successor and used in
accordance with a
development
plan | 6 |
| authorized by the Redevelopment Commission under this Law.
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| (c) If, however, the real property was exempt from general | 8 |
| real estate taxes
immediately
prior to ownership by any | 9 |
| neighborhood redevelopment corporation, the county,
township, | 10 |
| or multi-township assessor shall, upon acquisition of title
by
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| the
neighborhood redevelopment corporation, promptly assess | 12 |
| the land, exclusive of
improvements, at a valuation that | 13 |
| conforms to but does not exceed the assessed
valuation made | 14 |
| during the preceding calendar year of other land, exclusive of
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| improvements, that is adjacent or in the same general | 16 |
| neighborhood, and the
amount of
that assessed valuation shall | 17 |
| not be increased during the period set pursuant
to
subsection
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| (a) so long as the real property is owned by a neighborhood
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| redevelopment
corporation or its immediate successor and used | 20 |
| in accordance with a
development plan authorized by the
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| Redevelopment Commission.
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| (d) For the next ensuing period not in excess of 15 years, | 23 |
| general real
estate taxes
upon that
real property shall be
| 24 |
| abated in an amount not to exceed 50% of the taxes imposed by | 25 |
| each taxing
district
so long as the real property is owned by a
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| neighborhood
redevelopment corporation or its immediate | 27 |
| successor and used in accordance
with an authorized development
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| plan.
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| (e) After a period totaling not more than 25 years, the | 30 |
| real property shall
be subject to
assessment and payment of all | 31 |
| real estate taxes, based on the full fair cash
value of
the | 32 |
| real
property.
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| (f) The tax abatement authorized by this Section shall not
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| become
effective unless the governing body of the city, | 35 |
| village, or
incorporated town in
which the property is located | 36 |
| does all of the following:
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| (1) Furnishes each taxing district whose boundaries | 2 |
| for real estate
taxation purposes include any portion of | 3 |
| the real property to be affected by
the
tax
abatement with | 4 |
| a written statement of the impact on real estate
taxes the | 5 |
| tax abatement will have on those taxing districts
and
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| written notice of the hearing to be held in accordance with | 7 |
| subdivision (f)(2).
The
written statement and notice | 8 |
| required by this subdivision (f)(1) shall be
furnished
as | 9 |
| provided by local ordinance before the hearing and shall | 10 |
| include, but need
not
be limited to, an estimate of the | 11 |
| amount of real estate tax revenues of each
taxing district | 12 |
| that will be affected by the proposed tax
abatement, based | 13 |
| on the estimated assessed valuation of the real property
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| involved as the property would exist before and after it is | 15 |
| redeveloped.
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| (2) Conducts a public hearing regarding the tax | 17 |
| abatement.
At
the hearing all taxing districts described in | 18 |
| subdivision (f)(1)
have
the right to be heard on the grant | 19 |
| of any tax abatement.
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| (3) Enacts an ordinance that provides for expiration of | 21 |
| the
tax abatement.
The ordinance shall provide for a
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| duration of time within which the real property must be | 23 |
| acquired and may allow
for
acquisition of property under | 24 |
| the plan in phases.
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| (g) Notwithstanding any other provision of law to the | 26 |
| contrary, payments
in lieu
of taxes may be imposed by contract | 27 |
| between a city, village, or incorporated
town and a
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| neighborhood redevelopment corporation or its immediate | 29 |
| successor that receives
a tax abatement
on
property pursuant to | 30 |
| this Section. The payments shall be made to the county
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| collector of
the county by December 31 of each year payments | 32 |
| are due. The
governing
body of
the city, village, or | 33 |
| incorporated town shall furnish the collector with a copy
of
| 34 |
| any such
contract requiring payment in lieu of taxes. The | 35 |
| collector shall allocate all
revenues
received from the payment | 36 |
| in lieu of taxes among all taxing districts whose
real estate |
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| tax
revenues are affected by the abatement on the same pro rata | 2 |
| basis
and in the
same manner as the real estate tax revenues | 3 |
| received by each taxing
district
from that property in the year | 4 |
| the payments are due.
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| (315 ILCS 20/17)
(from Ch. 67 1/2, par. 267)
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| Sec. 17. Acquisition of property and construction subject | 7 |
| to
approval - Application for and issuance of certificates of | 8 |
| convenience
and necessity). No Neighborhood Redevelopment | 9 |
| Corporation shall acquire title to any
Real Property, or any | 10 |
| interest therein except by way of unexercised
option, or | 11 |
| institute any Development without making written
application | 12 |
| to the Redevelopment Commission for approval of the proposed
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| Development Plan in the manner hereinafter prescribed, and | 14 |
| without securing
the certificate of convenience and necessity | 15 |
| to be
issued by the Redevelopment Commission upon the | 16 |
| conditions hereinafter
mentioned.
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| (1) The application of a Neighborhood Redevelopment | 18 |
| Corporation for
approval of its proposed Development Plan shall | 19 |
| contain:
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| (a) The legal description of the proposed Development Area | 21 |
| and the
description thereof by city blocks, street and number, | 22 |
| if any.
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| (b) A statement of the character of the estates in Real | 24 |
| Property to
be acquired by the Neighborhood Redevelopment | 25 |
| Corporation.
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| (c) A statement showing the present use of the Real | 27 |
| Property in the
proposed Development Area, the zoning | 28 |
| restrictions, if any, thereon, and
the private restrictions, if | 29 |
| any, of record, and that no interest in
Real Property in the | 30 |
| proposed Development Area is to be acquired because
of the | 31 |
| race, color, creed, national origin or sex of any person owning | 32 |
| or
claiming an interest in that Real Property.
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| (d) A statement of the existing buildings or improvements | 34 |
| in the
Development Area, if any, which are to be demolished.
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| (e) A statement of the existing buildings or improvements, |
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| if any,
in the Development Area which are not to be immediately | 2 |
| demolished and
the approximate period of time within which the | 3 |
| demolition, if any, of
each such building or improvement is to | 4 |
| take place.
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| (f) A statement of the proposed improvements, if any, of | 6 |
| each
building, if any, not to be demolished immediately, and | 7 |
| any proposed
repairs or alterations of such buildings.
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| (g) A statement of the type, number and character of each | 9 |
| new
industrial, commercial, residential, public or other | 10 |
| building or
improvement to be erected or made.
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| (h) A metes and bounds description of that portion of the | 12 |
| proposed
Development Area to be devoted for a park, playground | 13 |
| or recreation
center for the use of the Development, the | 14 |
| specific use to which such
portion is to be put and the manner | 15 |
| in which it shall be improved.
| 16 |
| (i) A statement of those portions, if any, of the proposed
| 17 |
| Development Area (other than the portions to be devoted for a | 18 |
| park,
playground or recreation center for the use of the | 19 |
| Development) to be
left as open land area and the manner in | 20 |
| which such portions, if any,
shall be maintained.
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| (j) A statement of recommended changes, if any, in the | 22 |
| zoning
ordinances, necessary or desirable for the Development | 23 |
| and its
protection against blighting influences.
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| (k) A statement of recommended changes, if any, in streets | 25 |
| or street
levels and of recommended vacations, if any, of | 26 |
| streets, alleys, or
other public spaces.
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| (l) A statement in detail of the estimated Development Cost | 28 |
| and of
the proposed method of financing the Development, | 29 |
| sufficient to give
assurance that the Neighborhood | 30 |
| Redevelopment Corporation will be able
to complete and operate | 31 |
| the Development.
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| (m) An estimate of the periods of time within which, after | 33 |
| the
approval of the Development Plan, the Neighborhood | 34 |
| Redevelopment
Corporation will be able to initiate and to | 35 |
| complete its Development, excepting
unexpected delays not
| 36 |
| caused by it.
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| (n) A statement of the character, approximate number of | 2 |
| units,
approximate rentals and approximate date of | 3 |
| availability of the proposed
dwelling accommodations, if any, | 4 |
| to be furnished during construction and
upon completion of the | 5 |
| Development.
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| (o) Such other statements or material as the applicant | 7 |
| Neighborhood
Redevelopment Corporation deems relevant, | 8 |
| including recommendations for
the Redevelopment of one or more | 9 |
| areas contiguous to the proposed
Development Area.
| 10 |
| (2) No certificate of convenience and necessity shall be | 11 |
| issued by
the Redevelopment Commission upon application by a | 12 |
| Neighborhood
Redevelopment Corporation except upon the | 13 |
| fulfillment of the following
conditions:
| 14 |
| (a) That the Neighborhood Redevelopment Corporation has | 15 |
| filed with
the Redevelopment Commission a bond, in form and | 16 |
| with surety or sureties
satisfactory to the Redevelopment | 17 |
| Commission, in the penal sum of ten
per centum of the estimated | 18 |
| Development Cost as set out in the
application of the | 19 |
| Neighborhood Redevelopment Corporation but in no
event to | 20 |
| exceed $10,000.00, payable to the city, village or incorporated
| 21 |
| town creating the Redevelopment Commission, the payment to be | 22 |
| deposited
in the general corporate fund of such city, village | 23 |
| or incorporated
town, the bond to be conditioned upon the | 24 |
| initiation and completion of
the Development within the | 25 |
| respective time limits, or authorized
extensions thereof, | 26 |
| prescribed by the Redevelopment Commission.
| 27 |
| (b) That the Neighborhood Redevelopment Corporation has | 28 |
| agreed in
writing to incorporate in its instruments of sale, | 29 |
| conveyance, transfer,
lease or assignment such restrictions as | 30 |
| the Redevelopment Commission
may by rule, pursuant to paragraph | 31 |
| 1 of Section 25 of this Act, impose
as to the type of | 32 |
| construction, use, landscape and architectural design
of the | 33 |
| Development.
| 34 |
| (c) That the Neighborhood Redevelopment Corporation, other | 35 |
| than for
or in a Conservation Area, has agreed in writing to | 36 |
| devote as a minimum
ten per centum of the Development Area for |
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| a park, playground or
recreation center for the use of the | 2 |
| Development (the site or sites for
which shall be determined by | 3 |
| the Redevelopment Commission), to provide
adequate financial | 4 |
| arrangements for defraying the upkeep thereof during
its | 5 |
| corporate existence, and to place thereon, in the manner | 6 |
| prescribed
by subparagraph (b) of paragraph 2 of this Section, | 7 |
| such use
restrictions as the Development Commission may by rule | 8 |
| impose; Provided,
that in determining the proportion of open | 9 |
| land area required by any
zoning ordinance compared to the land | 10 |
| area used for building purposes,
the portion so devoted for | 11 |
| park, playground or recreation center shall
be counted as open | 12 |
| land area.
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| (d) That the Neighborhood Redevelopment Corporation has | 14 |
| agreed in
writing that in selling, leasing and managing all | 15 |
| Real Property subject
to the plan there will be no | 16 |
| discrimination against any person on
account of race, color, | 17 |
| creed, national origin or sex.
| 18 |
| (e) That the Redevelopment Commission shall, after the | 19 |
| public
hearing provided by paragraph 1 of Section 18 of this | 20 |
| Act, have made the
determinations provided in paragraph 3 of | 21 |
| this Section 17, either
originally or after the application has | 22 |
| been remanded upon judicial
review.
| 23 |
| (3) The Redevelopment Commission, before the issuance of | 24 |
| the
certificate of convenience and necessity to a Neighborhood | 25 |
| Redevelopment
Corporation, shall determine that:
| 26 |
| (a) The Development Area is within an area which, under the
| 27 |
| conditions existing at the time, is a Slum and Blight or | 28 |
| Conservation
Area as defined by this Act and that no interest | 29 |
| in Real Property in the
proposed Development Area is to be | 30 |
| acquired because of the race, color,
creed, national origin or | 31 |
| sex of any person owning or claiming any interest
in that Real | 32 |
| Property.
| 33 |
| (b) The Redevelopment of the Development Area in accordance | 34 |
| with the
Development Plan is designed to effectuate the public | 35 |
| purposes declared
in Section 2 of this Act.
| 36 |
| (c) The Development Plan conforms to the zoning ordinances, |
|
|
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LRB093 21070 SJM 47102 b |
|
| 1 |
| if any,
applicable to the Development Area, and further | 2 |
| conforms to the official
plan of the city, village or | 3 |
| incorporated town wherein the Development
Area is located, or, | 4 |
| in the absence of such an official plan, to the
plan, if any, | 5 |
| adopted by the Plan Commission, if any, of such city,
village | 6 |
| or incorporated town as evidenced by a report on such adopted
| 7 |
| plan prepared by such Plan Commission and on file with the | 8 |
| Redevelopment
Commission.
| 9 |
| (d) Public facilities, including, but not limited to, fire | 10 |
| and
police protection, and recreation, are presently adequate, | 11 |
| or will be
adequate at the time that the Development is ready | 12 |
| for use, to service
the Development Area.
| 13 |
| (e) The execution of the Development Plan will not cause | 14 |
| undue
hardship to the families, if any, occupying dwelling | 15 |
| accommodations in
the Development Area, to such a degree as to | 16 |
| outweigh the public use
defined in Section 2 of this Act to be | 17 |
| achieved through the
Redevelopment of such Development Area.
| 18 |
| (f) The estimated Development Cost of the Development is | 19 |
| sufficient
for the proposed Redevelopment.
| 20 |
| (g) Other than in or for a Conservation Area, no portion, | 21 |
| greater by
ten per centum in area, of the Development Area is | 22 |
| designed by the
Development Plan for use other than residential | 23 |
| except in those
instances wherein the Plan Commission, if any, | 24 |
| of the city, village or
incorporated town concerned, has filed | 25 |
| with the Redevelopment
Commission, pursuant to paragraph 1 of | 26 |
| Section 18 of this Act, an
advisory report recommending a | 27 |
| greater portion by area than ten per
centum, in which | 28 |
| instances, no portion, greater than that so
recommended, of the | 29 |
| Development Area is designed by the Development Plan
for use | 30 |
| other than residential.
| 31 |
| (h) The conditions prescribed by paragraph 2 of this | 32 |
| Section have
been fulfilled.
| 33 |
| (4) No certificate of convenience and necessity shall be | 34 |
| issued by a
Redevelopment Commission in St. Clair County | 35 |
| without the approval, by a
majority vote,
of the of the city | 36 |
| council or the board of trustees of the village or
incorporated |
|
|
|
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LRB093 21070 SJM 47102 b |
|
| 1 |
| town, as
the case may be, in which the Development Area is | 2 |
| located.
| 3 |
| (Source: P.A. 81-266.)
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|