Sen. Terry Link

Filed: 4/29/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 509

2    AMENDMENT NO. ______. Amend Senate Bill 509 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 11-74.4-4 as follows:
 
6    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
7    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
8project areas. The changes made by this amendatory Act of the
991st General Assembly do not apply to a municipality that, (i)
10before the effective date of this amendatory Act of the 91st
11General Assembly, has adopted an ordinance or resolution fixing
12a time and place for a public hearing under Section 11-74.4-5
13or (ii) before July 1, 1999, has adopted an ordinance or
14resolution providing for a feasibility study under Section
1511-74.4-4.1, but has not yet adopted an ordinance approving
16redevelopment plans and redevelopment projects or designating

 

 

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1redevelopment project areas under this Section, until after
2that municipality adopts an ordinance approving redevelopment
3plans and redevelopment projects or designating redevelopment
4project areas under this Section; thereafter the changes made
5by this amendatory Act of the 91st General Assembly apply to
6the same extent that they apply to redevelopment plans and
7redevelopment projects that were approved and redevelopment
8projects that were designated before the effective date of this
9amendatory Act of the 91st General Assembly.
10    A municipality may:
11    (a) By ordinance introduced in the governing body of the
12municipality within 14 to 90 days from the completion of the
13hearing specified in Section 11-74.4-5 approve redevelopment
14plans and redevelopment projects, and designate redevelopment
15project areas pursuant to notice and hearing required by this
16Act. No redevelopment project area shall be designated unless a
17plan and project are approved prior to the designation of such
18area and such area shall include only those contiguous parcels
19of real property and improvements thereon substantially
20benefited by the proposed redevelopment project improvements.
21Upon adoption of the ordinances, the municipality shall
22forthwith transmit to the county clerk of the county or
23counties within which the redevelopment project area is located
24a certified copy of the ordinances, a legal description of the
25redevelopment project area, a map of the redevelopment project
26area, identification of the year that the county clerk shall

 

 

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1use for determining the total initial equalized assessed value
2of the redevelopment project area consistent with subsection
3(a) of Section 11-74.4-9, and a list of the parcel or tax
4identification number of each parcel of property included in
5the redevelopment project area.
6    (b) Make and enter into all contracts with property owners,
7developers, tenants, overlapping taxing bodies, and others
8necessary or incidental to the implementation and furtherance
9of its redevelopment plan and project. Contract provisions
10concerning loan repayment obligations in contracts entered
11into on or after the effective date of this amendatory Act of
12the 93rd General Assembly shall terminate no later than the
13last to occur of the estimated dates of completion of the
14redevelopment project and retirement of the obligations issued
15to finance redevelopment project costs as required by item (3)
16of subsection (n) of Section 11-74.4-3. Payments received under
17contracts entered into by the municipality prior to the
18effective date of this amendatory Act of the 93rd General
19Assembly that are received after the redevelopment project area
20has been terminated by municipal ordinance shall be deposited
21into a special fund of the municipality to be used for other
22community redevelopment needs within the redevelopment project
23area.
24    (c) Within a redevelopment project area, acquire by
25purchase, donation, lease or eminent domain; own, convey,
26lease, mortgage or dispose of land and other property, real or

 

 

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1personal, or rights or interests therein, and grant or acquire
2licenses, easements and options with respect thereto, all in
3the manner and at such price the municipality determines is
4reasonably necessary to achieve the objectives of the
5redevelopment plan and project. No conveyance, lease,
6mortgage, disposition of land or other property owned by a
7municipality, or agreement relating to the development of such
8municipal property shall be made except upon the adoption of an
9ordinance by the corporate authorities of the municipality.
10Furthermore, no conveyance, lease, mortgage, or other
11disposition of land owned by a municipality or agreement
12relating to the development of such municipal property shall be
13made without making public disclosure of the terms of the
14disposition and all bids and proposals made in response to the
15municipality's request. The procedures for obtaining such bids
16and proposals shall provide reasonable opportunity for any
17person to submit alternative proposals or bids.
18    (d) Within a redevelopment project area, clear any area by
19demolition or removal of any existing buildings and structures.
20    (e) Within a redevelopment project area, renovate or
21rehabilitate or construct any structure or building, as
22permitted under this Act.
23    (f) Install, repair, construct, reconstruct or relocate
24streets, utilities and site improvements essential to the
25preparation of the redevelopment area for use in accordance
26with a redevelopment plan.

 

 

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1    (g) Within a redevelopment project area, fix, charge and
2collect fees, rents and charges for the use of any building or
3property owned or leased by it or any part thereof, or facility
4therein.
5    (h) Accept grants, guarantees and donations of property,
6labor, or other things of value from a public or private source
7for use within a project redevelopment area.
8    (i) Acquire and construct public facilities within a
9redevelopment project area, as permitted under this Act.
10    (j) Incur project redevelopment costs and reimburse
11developers who incur redevelopment project costs authorized by
12a redevelopment agreement; provided, however, that on and after
13the effective date of this amendatory Act of the 91st General
14Assembly, no municipality shall incur redevelopment project
15costs (except for planning costs and any other eligible costs
16authorized by municipal ordinance or resolution that are
17subsequently included in the redevelopment plan for the area
18and are incurred by the municipality after the ordinance or
19resolution is adopted) that are not consistent with the program
20for accomplishing the objectives of the redevelopment plan as
21included in that plan and approved by the municipality until
22the municipality has amended the redevelopment plan as provided
23elsewhere in this Act.
24    (k) 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 amendatory Act of 1987 shall
3be appointed for initial terms of 1, 2, 3, 4 and 5 years,
4respectively, in such numbers as to provide that the terms of
5not more than 1/3 of all such members shall expire in any one
6year. Their successors shall be appointed for a term of 5
7years. The commission, subject to approval of the corporate
8authorities may exercise the powers enumerated in this Section.
9The commission shall also have the power to hold the public
10hearings required by this division and make recommendations to
11the corporate authorities concerning the adoption of
12redevelopment plans, redevelopment projects and designation of
13redevelopment project areas.
14    (l) Make payment in lieu of taxes or a portion thereof to
15taxing districts. If payments in lieu of taxes or a portion
16thereof are made to taxing districts, those payments shall be
17made to all districts within a project redevelopment area on a
18basis which is proportional to the current collections of
19revenue which each taxing district receives from real property
20in the redevelopment project area.
21    (m) Exercise any and all other powers necessary to
22effectuate the purposes of this Act.
23    (n) If any member of the corporate authority, a member of a
24commission established pursuant to Section 11-74.4-4(k) of
25this Act, or an employee or consultant of the municipality
26involved in the planning and preparation of a redevelopment

 

 

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1plan, or project for a redevelopment project area or proposed
2redevelopment project area, as defined in Sections
311-74.4-3(i) through (k) of this Act, owns or controls an
4interest, direct or indirect, in any property included in any
5redevelopment area, or proposed redevelopment area, he or she
6shall disclose the same in writing to the clerk of the
7municipality, and shall also so disclose the dates and terms
8and conditions of any disposition of any such interest, which
9disclosures shall be acknowledged by the corporate authorities
10and entered upon the minute books of the corporate authorities.
11If an individual holds such an interest then that individual
12shall refrain from any further official involvement in regard
13to such redevelopment plan, project or area, from voting on any
14matter pertaining to such redevelopment plan, project or area,
15or communicating with other members concerning corporate
16authorities, commission or employees concerning any matter
17pertaining to said redevelopment plan, project or area.
18Furthermore, no such member or employee shall acquire of any
19interest direct, or indirect, in any property in a
20redevelopment area or proposed redevelopment area after either
21(a) such individual obtains knowledge of such plan, project or
22area or (b) first public notice of such plan, project or area
23pursuant to Section 11-74.4-6 of this Division, whichever
24occurs first. For the purposes of this subsection, a property
25interest acquired in a single parcel of property by a member of
26the corporate authority, which property is used exclusively as

 

 

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1the member's primary residence, shall not be deemed to
2constitute an interest in any property included in a
3redevelopment area or proposed redevelopment area that was
4established before December 31, 1989, but the member must
5disclose the acquisition to the municipal clerk under the
6provisions of this subsection. A single property interest
7acquired within one year after the effective date of this
8amendatory Act of the 94th General Assembly or 2 years after
9the effective date of this amendatory Act of the 95th General
10Assembly by a member of the corporate authority does not
11constitute an interest in any property included in any
12redevelopment area or proposed redevelopment area, regardless
13of when the redevelopment area was established, if (i) the
14property is used exclusively as the member's primary residence,
15(ii) the member discloses the acquisition to the municipal
16clerk under the provisions of this subsection, (iii) the
17acquisition is for fair market value, (iv) the member acquires
18the property as a result of the property being publicly
19advertised for sale, and (v) the member refrains from voting
20on, and communicating with other members concerning, any matter
21when the benefits to the redevelopment project or area would be
22significantly greater than the benefits to the municipality as
23a whole. For the purposes of this subsection, a month-to-month
24leasehold interest in a single parcel of property by a member
25of the corporate authority shall not be deemed to constitute an
26interest in any property included in any redevelopment area or

 

 

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1proposed redevelopment area, but the member must disclose the
2interest to the municipal clerk under the provisions of this
3subsection.
4    (o) Create a Tax Increment Economic Development Advisory
5Committee to be appointed by the Mayor or President of the
6municipality with the consent of the majority of the governing
7board of the municipality, the members of which Committee shall
8be appointed for initial terms of 1, 2, 3, 4 and 5 years
9respectively, in such numbers as to provide that the terms of
10not more than 1/3 of all such members shall expire in any one
11year. Their successors shall be appointed for a term of 5
12years. The Committee shall have none of the powers enumerated
13in this Section. The Committee shall serve in an advisory
14capacity only. The Committee may advise the governing Board of
15the municipality and other municipal officials regarding
16development issues and opportunities within the redevelopment
17project area or the area within the State Sales Tax Boundary.
18The Committee may also promote and publicize development
19opportunities in the redevelopment project area or the area
20within the State Sales Tax Boundary.
21    (p) Municipalities may jointly undertake and perform
22redevelopment plans and projects and utilize the provisions of
23the Act wherever they have contiguous redevelopment project
24areas or they determine to adopt tax increment financing with
25respect to a redevelopment project area which includes
26contiguous real property within the boundaries of the

 

 

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1municipalities, and in doing so, they may, by agreement between
2municipalities, issue obligations, separately or jointly, and
3expend revenues received under the Act for eligible expenses
4anywhere within contiguous redevelopment project areas or as
5otherwise permitted in the Act.
6    (q) Utilize revenues, other than State sales tax increment
7revenues, received under this Act from one redevelopment
8project area for eligible costs in another redevelopment
9project area that is:
10        (i) contiguous to the redevelopment project area from
11    which the revenues are received;
12        (ii) separated only by a public right of way from the
13    redevelopment project area from which the revenues are
14    received; or
15        (iii) separated only by forest preserve property from
16    the redevelopment project area from which the revenues are
17    received if the closest boundaries of the redevelopment
18    project areas that are separated by the forest preserve
19    property are less than one mile apart.
20    Utilize tax increment revenues for eligible costs that are
21received from a redevelopment project area created under the
22Industrial Jobs Recovery Law that is either contiguous to, or
23is separated only by a public right of way from, the
24redevelopment project area created under this Act which
25initially receives these revenues. Utilize revenues, other
26than State sales tax increment revenues, by transferring or

 

 

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1loaning such revenues to a redevelopment project area created
2under the Industrial Jobs Recovery Law that is either
3contiguous to, or separated only by a public right of way from
4the redevelopment project area that initially produced and
5received those revenues; and, if the redevelopment project area
6(i) was established before the effective date of this
7amendatory Act of the 91st General Assembly and (ii) is located
8within a municipality with a population of more than 100,000,
9utilize revenues or proceeds of obligations authorized by
10Section 11-74.4-7 of this Act, other than use or occupation tax
11revenues, to pay for any redevelopment project costs as defined
12by subsection (q) of Section 11-74.4-3 to the extent that the
13redevelopment project costs involve public property that is
14either contiguous to, or separated only by a public right of
15way from, a redevelopment project area whether or not
16redevelopment project costs or the source of payment for the
17costs are specifically set forth in the redevelopment plan for
18the redevelopment project area.
19    (q-5) Utilize revenues, other than the State sales tax
20increment revenues, received under this Act from one
21redevelopment project area located within the City of Waukegan
22for eligible costs in another redevelopment project area
23located within the City of Waukegan.
24    (r) If no redevelopment project has been initiated in a
25redevelopment project area within 7 years after the area was
26designated by ordinance under subsection (a), the municipality

 

 

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1shall adopt an ordinance repealing the area's designation as a
2redevelopment project area; provided, however, that if an area
3received its designation more than 3 years before the effective
4date of this amendatory Act of 1994 and no redevelopment
5project has been initiated within 4 years after the effective
6date of this amendatory Act of 1994, the municipality shall
7adopt an ordinance repealing its designation as a redevelopment
8project area. Initiation of a redevelopment project shall be
9evidenced by either a signed redevelopment agreement or
10expenditures on eligible redevelopment project costs
11associated with a redevelopment project.
12    Notwithstanding any other provision of this Section to the
13contrary, with respect to a redevelopment project area
14designated by an ordinance that was adopted on July 29, 1998 by
15the City of Chicago, the City of Chicago shall adopt an
16ordinance repealing the area's designation as a redevelopment
17project area if no redevelopment project has been initiated in
18the redevelopment project area within 15 years after the
19designation of the area. The City of Chicago may retroactively
20repeal any ordinance adopted by the City of Chicago, pursuant
21to this subsection (r), that repealed the designation of a
22redevelopment project area designated by an ordinance that was
23adopted by the City of Chicago on July 29, 1998. The City of
24Chicago has 90 days after the effective date of this amendatory
25Act to repeal the ordinance. The changes to this Section made
26by this amendatory Act of the 96th General Assembly apply

 

 

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1retroactively to July 27, 2005.
2(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".