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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-74.6-15 as follows:
 
6    (65 ILCS 5/11-74.6-15)
7    Sec. 11-74.6-15. Municipal Powers and Duties. A
8municipality may:
9    (a) By ordinance introduced in the governing body of the
10municipality within 14 to 90 days from the final adjournment of
11the hearing specified in Section 11-74.6-22, approve
12redevelopment plans and redevelopment projects, and designate
13redevelopment planning areas and redevelopment project areas
14pursuant to notice and hearing required by this Act. No
15redevelopment planning area or redevelopment project area
16shall be designated unless a plan and project are approved
17before the designation of the area and the area shall include
18only those parcels of real property and improvements on those
19parcels substantially benefited by the proposed redevelopment
20project improvements. Upon adoption of the ordinances, the
21municipality shall forthwith transmit to the county clerk of
22the county or counties within which the redevelopment project
23area is located a certified copy of the ordinances, a legal

 

 

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1description of the redevelopment project area, a map of the
2redevelopment project area, identification of the year that the
3county clerk shall use for determining the total initial
4equalized assessed value of the redevelopment project area
5consistent with subsection (a) of Section 11-74.6-40, and a
6list of the parcel or tax identification number of each parcel
7of property included in the redevelopment project area.
8    (b) Make and enter into all contracts necessary or
9incidental to the implementation and furtherance of its
10redevelopment plan and project.
11    (c) Within a redevelopment project area, acquire by
12purchase, donation, lease or eminent domain; own, convey,
13lease, mortgage or dispose of land and other property, real or
14personal, or rights or interests therein, and grant or acquire
15licenses, easements and options with respect to that property,
16all in the manner and at a price that the municipality
17determines is reasonably necessary to achieve the objectives of
18the redevelopment plan and project. No conveyance, lease,
19mortgage, disposition of land or other property owned by a
20municipality, or agreement relating to the development of the
21municipal property shall be made or executed except pursuant to
22prior official action of the corporate authorities of the
23municipality. No conveyance, lease, mortgage, or other
24disposition of land owned by a municipality, and no agreement
25relating to the development of the municipal property, shall be
26made without making public disclosure of the terms and the

 

 

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1disposition of all bids and proposals submitted to the
2municipality in connection therewith. The procedures for
3obtaining the bids and proposals shall provide reasonable
4opportunity for any person to submit alternative proposals or
5bids.
6    (d) Within a redevelopment project area, clear any area by
7demolition or removal of any existing buildings, structures,
8fixtures, utilities or improvements, and to clear and grade
9land.
10    (e) Within a redevelopment project area, renovate or
11rehabilitate or construct any structure or building, as
12permitted under this Law.
13    (f) Within or without a redevelopment project area,
14install, repair, construct, reconstruct or relocate streets,
15utilities and site improvements essential to the preparation of
16the redevelopment area for use in accordance with a
17redevelopment plan.
18    (g) Within a redevelopment project area, fix, charge and
19collect fees, rents and charges for the use of all or any part
20of any building or property owned or leased by it.
21    (h) Issue obligations as provided in this Act.
22    (i) Accept grants, guarantees and donations of property,
23labor, or other things of value from a public or private source
24for use within a project redevelopment area.
25    (j) Acquire and construct public facilities within a
26redevelopment project area, as permitted under this Law.

 

 

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1    (k) Incur, pay or cause to be paid redevelopment project
2costs; provided, however, that on and after the effective date
3of this amendatory Act of the 91st General Assembly, no
4municipality shall incur redevelopment project costs (except
5for planning and other eligible costs authorized by municipal
6ordinance or resolution that are subsequently included in the
7redevelopment plan for the area and are incurred after the
8ordinance or resolution is adopted) that are not consistent
9with the program for accomplishing the objectives of the
10redevelopment plan as included in that plan and approved by the
11municipality until the municipality has amended the
12redevelopment plan as provided elsewhere in this Law. Any
13payments to be made by the municipality to redevelopers or
14other nongovernmental persons for redevelopment project costs
15incurred by such redeveloper or other nongovernmental person
16shall be made only pursuant to the prior official action of the
17municipality evidencing an intent to pay or cause to be paid
18such redevelopment project costs. A municipality is not
19required to obtain any right, title or interest in any real or
20personal property in order to pay redevelopment project costs
21associated with such property. The municipality shall adopt
22such accounting procedures as may be necessary to determine
23that such redevelopment project costs are properly paid.
24    (l) Create a commission of not less than 5 or more than 15
25persons to be appointed by the mayor or president of the
26municipality with the consent of the majority of the governing

 

 

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1board of the municipality. Members of a commission appointed
2after the effective date of this Law shall be appointed for
3initial terms of 1, 2, 3, 4 and 5 years, respectively, in
4numbers so that the terms of not more than 1/3 of all members
5expire in any one year. Their successors shall be appointed for
6a term of 5 years. The commission, subject to approval of the
7corporate authorities of the municipality, may exercise the
8powers enumerated in this Section. The commission shall also
9have the power to hold the public hearings required by this Act
10and make recommendations to the corporate authorities
11concerning the adoption of redevelopment plans, redevelopment
12projects and designation of redevelopment project areas.
13    (m) Make payment in lieu of all or a portion of real
14property taxes due to taxing districts. If payments in lieu of
15all or a portion of taxes are made to taxing districts, those
16payments shall be made to all districts within a redevelopment
17project area on a basis that is proportional to the current
18collection of revenue which each taxing district receives from
19real property in the redevelopment project area.
20    (n) Exercise any and all other powers necessary to
21effectuate the purposes of this Act.
22    (o) In conjunction with other municipalities, undertake
23and perform redevelopment plans and projects and utilize the
24provisions of the Act wherever they have contiguous
25redevelopment project areas or they determine to adopt tax
26increment allocation financing with respect to a redevelopment

 

 

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1project area that includes contiguous real property within the
2boundaries of the municipalities, and, by agreement between
3participating municipalities, to issue obligations, separately
4or jointly, and expend revenues received under this Act for
5eligible expenses anywhere within contiguous redevelopment
6project areas or as otherwise permitted in the Act. Two or more
7municipalities may designate a joint redevelopment project
8area under this subsection (o) for a single Industrial Park
9Conservation Area comprising of property within or near the
10boundaries of each municipality if: (i) both municipalities are
11located within the same Metropolitan Statistical Area, as
12defined by the United States Office of Management and Budget,
13(ii) the 4-year average unemployment rate for that Metropolitan
14Statistical Area was at least 11.3%, and (iii) at least one
15participating municipality demonstrates that it has made
16commitments to acquire capital assets to commence the project
17and that the acquisition will occur on or before December 31,
182011. The joint redevelopment project area must encompass an
19interstate highway exchange for access and be located, in part,
20adjacent to a landfill or other solid waste disposal facility.
21    (p) Create an Industrial Jobs Recovery Advisory Committee
22of not more than 15 members to be appointed by the mayor or
23president of the municipality with the consent of the majority
24of the governing board of the municipality. The members of that
25Committee shall be appointed for initial terms of 1, 2, and 3
26years respectively, in numbers so that the terms of not more

 

 

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1than 1/3 of all members expire in any one year. Their
2successors shall be appointed for a term of 3 years. The
3Committee shall have none of the powers enumerated in this
4Section. The Committee shall serve in an advisory capacity
5only. The Committee may advise the governing board of the
6municipality and other municipal officials regarding
7development issues and opportunities within the redevelopment
8project area. The Committee may also promote and publicize
9development opportunities in the redevelopment project area.
10    (q) If a redevelopment project has not been initiated in a
11redevelopment project area within 5 years after the area was
12designated by ordinance under subsection (a), the municipality
13shall adopt an ordinance repealing the area's designation as a
14redevelopment project area. Initiation of a redevelopment
15project shall be evidenced by either a signed redevelopment
16agreement or expenditures on eligible redevelopment project
17costs associated with a redevelopment project.
18    (r) Within a redevelopment planning area, transfer or loan
19tax increment revenues from one redevelopment project area to
20another redevelopment project area for expenditure on eligible
21costs in the receiving area.
22    (s) Use tax increment revenue produced in a redevelopment
23project area created under this Law by transferring or loaning
24such revenues to a redevelopment project area created under the
25Tax Increment Allocation Redevelopment Act that is either
26contiguous to, or separated only by a public right of way from,

 

 

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1the redevelopment project area that initially produced and
2received those revenues.
3(Source: P.A. 90-258, eff. 7-30-97; 91-474, eff. 11-1-99.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.