Illinois General Assembly - Full Text of HB4661
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Full Text of HB4661  99th General Assembly

HB4661 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4661

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Government Stabilization Authority Act. Authorizes the corporate authorities of Calumet Township, Thornton Township, and Bremen Township to create, by ordinance, a Local Government Stabilization Authority that shall use available funds to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use, combatting community deterioration, and creating economic growth. Provides definitions. Sets forth procedure regarding the creation of an Authority and funding sources. Further provides for the following: (1) an Authority's tax-exempt status; (2) the appointment of the Board of Directors and Chairperson, their terms of office, their removal, and vacancies; (3) the responsibilities and powers of the Board of Directors; and (4) an Executive Director to administer an Authority on a day-to-day basis. Sets forth the powers of an Authority to implement the purpose of the Act, including the authority to borrow money, enter into partnerships and joint ventures, and contract for goods and services. Permits an Authority to acquire, hold, manage, and dispose of real property. Requires an Authority to prepare an annual budget and provide annual financial statements and reports to the corporate authorities. Permits the corporate authorities to dissolve an Authority and provides requirements regarding the transfer of an Authority's debts, liabilities, and obligations. Effective immediately.


LRB099 19449 AWJ 43841 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4661LRB099 19449 AWJ 43841 b

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 1. Short title. This Act may be cited as the Local
5Government Stabilization Authority Act.
 
6    Section 5. Purpose. The purpose of this Act is to implement
7a pilot program and create Local Government Stabilization
8Authorities that shall use available resources to facilitate
9the return of vacant, abandoned, and tax-delinquent properties
10to productive use thereby combating community deterioration,
11creating economic growth, and stabilizing the housing and job
12market.
13    An Authority shall acquire, hold, and transfer interest in
14real property throughout the township, as approved by the Board
15of Directors for the following purposes, in a way that is
16consistent with the goals and priorities established by this
17Act:
18        (a) to promote redevelopment and reuse of vacant,
19    abandoned, and tax-delinquent properties; and
20        (b) to support targeted efforts to stabilize
21    neighborhoods;
22        (c) to stimulate residential, commercial and
23    industrial development; and

 

 

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1        (d) to repair and renovate the homes of senior citizens
2    that have deteriorated over time.
 
3    Section 7. Applicability. This Act shall apply only to
4Calumet Township, Thornton Township, and Bremen Township in
5Cook County.
 
6    Section 10. Definitions. The following words and terms
7shall have the meanings set forth in this Act, except where
8otherwise specifically indicated:
9    "Authority" means a Local Government Stabilization
10Authority.
11    "Board of Directors" means the Board of Directors of a
12Local Government Stabilization Authority.
13    "Chairperson" means the chairperson of a Local Government
14Stabilization Authority Board.
15    "Corporate authorities" means the board of trustees of
16Calumet Township, Thornton Township, or Bremen Township.
17    "Director" means the Executive Director of a Local
18Government Stabilization Authority.
19    "Fiscal Year" means the fiscal year of a Local Government
20Stabilization Authority, which shall begin on December 1st of
21each year and end on the following November 30th.
22    "Member" means a member of a Board of Directors.
23    "Person" means any individual, corporation, limited
24liability corporation, organization, government, governmental

 

 

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1subdivision or agency, business trust, estate, trust,
2partnership, association, and any other legal entity.
3    "Real estate broker" has the meaning ascribed to it under
4the Real Estate License Act of 2000.
5    "Real Property" means all land and the buildings thereon,
6all things permanently attached to land or to the buildings
7thereon, and any interest existing in, issuing out of, or
8dependent upon land or the buildings thereon.
 
9    Section 15. Creation; funding; assets.
10    (a) The corporate authorities may, by ordinance, establish
11a Local Government Stabilization Authority to be an agency of
12the township. All personnel, facilities, equipment, and
13supplies within the Authority shall be governed by a Board of
14Directors as provided herein. The Board of Directors shall be
15accountable to the corporate authorities.
16    (b) A Local Government Stabilization Authority shall apply
17for funding in the sum of up to $2,000,000 from the Abandoned
18Residential Property Municipality Relief Program under Section
197.31 of the Illinois Housing Development Act. The Authority may
20apply for funding from other State and federal programs, at the
21discretion of the Authority.
22    (c) Except as otherwise provided in this Act, the corporate
23authorities shall hold title to all Real Property controlled by
24an Authority.
 

 

 

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1    Section 20. Tax-exempt status. The activities of the
2Authority pursuant to this Act are governmental functions
3carried out by an instrumentality or political subdivision of
4the State as described in Section 115 of Title 26 of the United
5States Internal Revenue Code, or any corresponding provisions
6of any future tax code. The activities of the Authority shall
7be construed as governmental functions carried out by a
8political subdivision of this State, exempt to the extent
9provided under Illinois law from taxation by this State,
10including, but not limited to, ad valorem property tax
11exemption pursuant to the Property Tax Code.
 
12    Section 25. Authority Board of Directors; appointment. The
13Authority shall be governed by a Board of Directors that shall
14be appointed by the township supervisor, subject to approval by
15the corporate authority, within 45 days of the adoption of an
16ordinance pursuant to subsection (a) of Section 15 of this Act.
17The Board of Directors shall be residents of the township. The
18Board of Directors shall consist of 12 members.
19    Candidates for the Board of Directors appointed by the
20corporate authorities shall be selected from the following
21categories:
22        (1) One corporate authority board member to serve as an
23    ex-officio member with voting rights. The ex-officio
24    member shall serve as a liaison between the corporate
25    authority and the Board of Directors;

 

 

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1        (2) One representatives recommended by the township
2    supervisor;
3        (3) One representative from the local economic
4    development community;
5        (4) One representative from the banking community; and
6        (5) One representative from a local or State Realtor
7    Association.
 
8    Section 30. Term of office. Except as otherwise provided in
9this Section, the members of the Board of Directors appointed
10under Section 25 shall be appointed for the duration of the
11pilot program under this Act.
 
12    Section 35. Chairperson; members of the Board of Directors.
13    (a) The Board of Directors shall annually elect a
14Chairperson from among the members.
15        (1) The Chairperson shall preside at meetings of the
16    Board of Directors and is entitled to vote on all matters
17    before the Board of Directors.
18        (2) A member may be elected to serve successive terms
19    as Chairperson.
20    (b) The Board of Directors may appoint, from its members, a
21member to serve as the Authority secretary and such additional
22officers from its members as it may deem appropriate.
 
23    Section 40. Removal. A member may be removed by the

 

 

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1corporate authorities prior to the expiration of the member's
2term of appointment for good cause. Good cause includes
3inefficiency, neglect of duty, malfeasance, or any cause which
4renders the member unfit for the position or unable to perform
5the duties of the position. The corporate authorities shall
6provide written notice to that member and the Chairperson of
7the Board of the removal of that member from the Board of
8Directors. The notice shall state the specific grounds which
9constitute cause for removal. The member, in receipt of this
10notice, may request to appear before the corporate authorities
11and present reasons in support of his or her retention.
12Thereafter, the corporate authorities shall vote upon whether
13there are sufficient grounds to remove that member from office.
14The township clerk shall notify the member of the final action
15of the corporate authorities.
 
16    Section 45. Vacancies. Any vacancy on the Board of
17Directors caused by death, resignation, disqualification, or
18removal shall be filled by the corporate authorities as soon as
19practicable, but not to exceed 60 days following the occurrence
20of the vacancy. The vacancy shall be filled for the remainder
21of the unexpired term in the same manner as the original
22appointment.
 
23    Section 50. Meetings. The Board of Directors shall conduct
24its first meeting no later than 60 days after the appointment

 

 

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1of the Board of Directors. The place, date, and time of the
2Authority meetings shall be determined at the discretion of the
3Board of Directors. All meetings of the Board of Directors
4shall comply with the Open Meetings Act.
 
5    Section 55. Bylaws; policies; procedures. The Board of
6Directors shall adopt bylaws, procedures and policies
7consistent with the provisions of this Act within 120 days
8after the first meeting of the Board of Directors.
 
9    Section 60. Quorum and voting. A quorum shall be necessary
10for the transaction of any business by the Board of Directors.
11A majority of the members of the Board of Directors shall
12constitute a quorum. The Board of Directors shall act by a
13majority vote of the members at a meeting at which a quorum is
14present, except as otherwise provided in this Act. Presence for
15both quorum and voting at an Authority meeting shall be
16articulated by the Board of Directors in its bylaws or
17procedures in a manner consistent with the Open Meetings Act.
 
18    Section 65. Records of meetings. Minutes of all meetings of
19the Board of Directors and its Committees shall be made and
20maintained as required by the Open Meetings Act.
 
21    Section 70. Board of Directors; responsibilities. The
22Board of Directors shall ensure:

 

 

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1    (a) that all personnel matters are conducted free from any
2political interference and in accordance with the provisions of
3the Supplemental Relief Order and Consent Decree established in
4the federal civil litigation filed in the Northern District of
5Illinois under Case No. 69 C 2145 and titled Shakman, et al. v.
6Democratic Organization, et al. and all applicable laws;
7    (b) that all operations, including contractual matters,
8are conducted free from any political interference; and
9    (c) efficiency in service delivery and sound fiscal
10management of all aspects of the Authority including the
11collection of all revenues from all sources.
 
12    Section 75. Board of Directors; actions. The Board of
13Directors shall do all of the following that is consistent with
14Illinois law:
15    (a) adopt, amend, or repeal rules and policies and
16procedures governing the Board of Directors and its actions and
17meetings, and adopt, amend, or repeal policies and procedures
18to implement day-to-day operation of the Authority, including
19policies governing any staff of the Authority;
20    (b) elect additional officers, including, but not limited
21to, initial officers who shall be elected at the first meeting
22of the Board of Directors in accordance with the bylaws;
23    (c) provide for a system of accounting;
24    (d) adopt or amend the Authority's budget to submit
25annually to the corporate authorities for approval and adoption

 

 

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1in a time frame mandated by the corporate authorities;
2    (e) adopt, amend, or repeal policies and procedures for
3contracting and procurement which must be consistent with the
4provisions set forth in the local Code;
5    (f) commission, collect, and receive data from public,
6private, professional, and volunteer sources to compile an
7inventory an analysis of desirable properties for acquisition;
8    (g) establish banking arrangements for the Authority
9pursuant to Section 160 of this Act; and
10    (h) organize and reorganize the executive, administrative,
11clerical, and other departments of the Authority and fix the
12duties, powers, and compensation of all employees, agents, and
13consultants of the Authority.
 
14    Section 80. Fiduciary duty. The members of the Board of
15Directors are under a fiduciary duty to conduct the activities
16and affairs of the Authority in the best interests of the
17residents of the township, including the safekeeping and use of
18all Authority moneys and assets. The members of the Board of
19Directors shall discharge their duties in good faith, with the
20care an ordinarily prudent person in a like position would
21exercise under similar circumstances.
 
22    Section 85. Compensation. The members of the Board of
23Directors shall receive no compensation for the performance of
24their duties. A member may engage in private or public

 

 

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1employment, or in a profession or business, except to the
2extent prohibited by Illinois law or local ordinance. The
3Authority may reimburse members of the Board of Directors for
4actual and necessary expenses incurred in the discharge of
5their official duties, as provided by the Board of Directors.
 
6    Section 90. Executive Director. The Board of Directors may
7retain the professional services of an individual to perform
8the duties of an Executive Director on a contractual basis with
9the advice and consent of the corporate authorities. The
10Executive Director shall not be an employee of the Authority or
11of the township. The Director shall administer the Authority in
12accordance with the operating budget approved by the corporate
13authorities, general policy guidelines established by the
14Board of Directors, other applicable governmental procedures
15and policies, and this Act.
16    The Director shall be responsible for the day-to-day
17operations of the Authority, the control, management, and
18oversight of the Authority's functions, and supervision of all
19of the Authority's contractual agreements. All terms and
20conditions of the Director's service shall be specified in a
21written contract between the Director and the Board of
22Directors. The Director may be removed by the corporate
23authorities or the Board of Directors for good cause prior to
24the expiration of the Director's contract. Good cause includes
25inefficiency, neglect of duty, malfeasance, or any cause which

 

 

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1renders the Director unfit or unable to perform the scope of
2work. The Board of Directors may delegate to the Director any
3powers or duties it considers proper under terms, conditions,
4and to the extent that the Board of Directors may specify.
 
5    Section 95. Staffing services. The Board of Directors may
6approve contracts for staffing as requested by the Executive
7Director that are deemed necessary to carry out the duties and
8responsibilities of the Authority and in accordance with the
9policies and procedures established by the Board. Such staff
10shall be retained pursuant to contracts entered into in
11accordance with the procurement rules established by the Board.
 
12    Section 100. Ethics. The Board of Directors shall be
13subject to the all State of Illinois ethics laws.
 
14    Section 105. Indemnification.
15    (a) The township shall defend and indemnify the Authority
16and the members of the Board of Directors with respect to all
17claims or judgments arising out of their activities as members
18with respect to all negligence claims, and claims or judgments
19arising out of the Authority's activities performed on behalf
20of the township.
21    (b) The township shall not be obligated to indemnify the
22Authority or a member for:
23        (1) Punitive damages or liability arising out of

 

 

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1    conduct that is willful or wanton.
2        (2) Conduct that is outside the scope of the
3    Authority's authority.
4        (3) Any settlement or judgment in which the township
5    did not participate.
6        (4) The defense of any criminal or disciplinary
7    proceeding.
 
8    Section 110. General powers. The Authority has the power to
9do all things necessary or convenient to implement the
10purposes, objectives, and provisions of this Act including, but
11not limited to, the following:
12    (a) adopt, amend, and repeal bylaws for the regulation of
13its affairs and the conduct of its business;
14    (b) acquire by purchase, donation, or other transfers and
15to hold, lease, manage, and dispose of Real Property of every
16kind and character, or any interest therein, in furtherance of
17the public purposes of the Authority;
18    (c) discharge and extinguish Real Property taxes owed to
19the township, or to a Party, pursuant to an agreement with such
20Party, that encumber Real Property owned by the these entities
21through the Authority, as permitted by the Property Tax Code or
22other applicable law;
23    (d) pay any tax or special assessment due on Real Property
24acquired or owned by the Authority;
25    (e) acquire, accept, or retain equitable interests,

 

 

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1security interests, or other interests in any Real Property or
2other fixtures by loan agreement, note, mortgage, deed to
3secure debt, trust deed, security agreement, assignment,
4pledge, conveyance, contract, lien, or other consensual
5transfer in order to secure the repayment of any moneys loaned
6or credit extended by the Authority;
7    (f) borrow money from private lenders, from municipalities
8or counties, from the State or from federal government funds,
9subject to the approval of the corporate authorities, to
10further or carry out the Authority's public purpose by
11executing leases, trust indentures, trust agreements,
12agreements for the sale notes, loan agreements, mortgages,
13deeds to secure debt, trust deeds, security agreements,
14assignments, and other agreements or instruments as may be
15necessary or desirable, in the judgment of the Authority, to
16evidence and to provide security for such borrowing;
17    (g) apply directly or indirectly to any federal, state,
18county, or municipal government or agency, or to any other
19source, whether public or private, for loans, grants, gifts,
20guarantees, labor, or other aid or financial assistance in
21furtherance of the Authority's public purpose and to accept and
22use the same upon such terms and conditions as are prescribed
23by such federal, state, county, municipal government or agency,
24or other source;
25    (h) enter into agreements with the federal government or
26any agency thereof to use the facilities or services of the

 

 

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1federal government or any agency thereof in order to further or
2carry out the public purposes of the Authority;
3    (i) as security for repayment of any note, or other
4obligations of the Authority, to pledge, mortgage, convey,
5assign, hypothecate, or otherwise encumber any property of the
6Authority, including, but not limited to, Real Property,
7fixtures, and revenues or other funds, and to execute any
8lease, trust indenture, trust agreement, agreement for the sale
9of the Authority's notes, or other obligations, loan agreement,
10mortgage, deed to secure debt, trust deed, security agreement,
11assignment, or other agreement or instrument as may be
12necessary or desirable, in the judgment of the Authority, to
13secure any such notes, or other obligations, which instruments
14or agreements may provide for foreclosure or forced sale of any
15Real Property of the Authority upon default in any obligation
16of the Authority, either in payment of principal, premium, if
17any, or interest or in the performance of any term or condition
18contained in any such agreement or instrument;
19    (j) receive and administer gifts, grants, and bequests of
20money and Real Property consistent with the purpose of the
21Authority;
22    (k) use any Real Property or fixtures or any interest
23therein or to rent, license or lease such Real Property to or
24from others or make contracts with respect to the use thereof,
25or to sell, lease, exchange, transfer, assign, pledge, or
26otherwise dispose of or grant options for any such Real

 

 

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1Property in any manner as it deems to be in the best interests
2of the Authority and the public purpose thereof;
3    (l) procure insurance or guarantees from the State or
4federal government of the payments of any debts or parts
5thereof incurred by the Authority, and to pay premiums in
6connection therewith;
7    (m) procure, if required, insurance against losses in
8connection with the Real Property, assets, or activities of the
9Authority;
10    (n) enter into contracts and other instruments necessary,
11incidental, or convenient to the performance of its duties and
12the exercise of its powers, including, but not limited to, an
13agreement with a Party for the joint exercise of powers. An
14agreement with a Party may include contracts for the
15performance of services by a Party on behalf of the Authority
16or by the Authority on behalf of a Party;
17    (o) enter into partnerships, joint ventures, and other
18collaborative relationships with municipalities and other
19public and private entities for the ownership, management,
20development, and disposition of Real Property;
21    (p) to enter into contracts and other instruments
22necessary, incidental, or convenient to the performance of its
23duties and the exercise of its powers, including, but not
24limited to, agreements with a Party regarding the disposition
25of Authority properties located within their boundaries;
26    (q) finance, by loan, grant, lease, or otherwise,

 

 

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1refinance, construct, erect, assemble, purchase, acquire, own,
2repair, remodel, rehabilitate, modify, maintain, extend,
3improve, install, sell, equip, expand, add to, operate, or
4manage Real Property or rights or interests in Real Property,
5and to pay the costs of any such project from the proceeds of
6revenue bonds, loans by persons, corporations, partnerships,
7whether limited or general, or other entities, all of which the
8Authority is authorized to receive, accept, and use;
9    (r) fix, charge, and collect rents, fees, licenses and
10charges for the use of Real Property of the Authority and for
11services provided by the Authority;
12    (s) grant or acquire a license, easement, lease (as lessor
13or lessee), or option with respect to Real Property of the
14Authority;
15    (t) enter into contracts with nonprofit community land
16trusts, including, but not limited to, long-term lease
17contracts;
18    (u) contract for goods and services and engage personnel as
19necessary, to be paid from the funds of the Authority. The
20Board shall determine the qualifications, duties, and
21compensation of those it contracts with and employs;
22    (v) organize and reorganize the executive, administrative,
23clerical, and other departments of the Authority and to fix the
24duties, powers, and compensation of all employees, agents, and
25consultants of the Authority;
26    (w) remediate environmental contamination on any Real

 

 

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1Property held by the Authority;
2    (x) acquire, hold, and manage property pursuant to this
3Act;
4    (y) dispose of property pursuant to this Act;
5    (z) promulgate rules regarding the procurement of
6contracts and services of local real estate brokers and
7construction crews pursuant to Section 160 of this Act;
8    (aa) submit a redevelopment plan to a municipality with a
9redevelopment project area and comply with any requirements of
10the municipality with regard to that plan; and
11    (bb) to do all other things necessary or convenient to
12achieve the objectives and purposes of the Authority or other
13laws that relate to the purposes and responsibilities of the
14Authority.
 
15    Section 115. No waiver of governmental immunity. Nothing in
16this Act is intended, nor shall be construed, as a waiver by
17the township enacting an ordinance that creates an Authority
18under this Act of any governmental immunity provided under any
19applicable law.
 
20    Section 120. Non-discrimination. The Authority shall
21comply with all applicable laws prohibiting discrimination.
 
22    Section 125. Acquisition of real property.
23    (a) The Authority shall procure the services of local real

 

 

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1estate brokers pursuant to Section 160 of this Act to assist in
2the acquisition of real property under this Section.
3    (b) The Authority may acquire real property or rights or
4interests in real property by gift, bequest, transfer,
5exchange, foreclosure, purchase, purchase contracts, lease
6purchase agreements, installment sales contracts, land
7contracts, tax sale, scavenger sale or otherwise, on terms and
8conditions and in a manner the Authority considers proper.
9    (c) The Authority may acquire any property conveyed to it
10by this State, a foreclosing governmental unit, a unit of local
11government, an intergovernmental entity created under the laws
12of this State, or any other public or private person,
13including, but not limited to, property without clear title.
14    (d) All deeds, mortgages, contracts, leases, purchases, or
15other agreements regarding property of the Authority,
16including agreements to acquire or dispose of real property,
17shall be approved by and executed by the Authority, in the name
18of the township.
19    (e) The Authority shall have the right to purchase
20properties in the name of the township at tax sales conducted
21in accordance with the Property Tax Code. The Authority may
22tender a bid at a tax sale that is a credit bid, consisting of
23the obligation of the Authority to satisfy the component parts
24of the bid by payments to the respective political
25subdivisions.
26    (f) The Authority shall have the right to make offers to

 

 

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1purchase properties that are subject to a listing agreement;
2said offer or purchase of a property by the Authority that is
3subject to a listing agreement shall not extinguish any legal
4rights existing under the listing agreement.
 
5    Section 130. Holding and managing property. The Authority
6may control, manage, maintain, operate, repair, lease as
7lessor, license, secure, prevent the waste or deterioration of,
8demolish, and take all other actions necessary to preserve the
9value of the Real Property it controls on behalf of the
10township. The Authority shall maintain all Real Property held
11by the Authority in accordance with applicable laws and codes.
12Real Property shall be inventoried and classified by the
13Authority according to suitability for use. The inventory shall
14be maintained as a public record and shall be filed
15electronically and in the principal office of the Authority.
 
16    Section 135. Property disposition. On terms and
17conditions, and in a manner and for an amount of consideration
18that the Authority considers proper, fair, and reasonable,
19including for no monetary consideration if appropriate, the
20Authority may convey, sell, transfer, exchange, lease as
21lessor, or otherwise dispose of Real Property or rights or
22interests in Real Property that the Authority controls and the
23township holds a legal interest to any public or private
24person. The transfer and use of property under this Section and

 

 

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1the exercise by the Authority of powers and duties under this
2Act shall be considered a necessary public purpose and for the
3benefit of the public.
 
4    Section 140. Criteria for conveyance. Real Property shall
5be conveyed by the Authority in accordance with this Act and
6according to criteria determined in the discretion of the Board
7and contained in the policies and procedures adopted by the
8Board. The Board may adopt policies and procedures that set
9forth priorities for a transferee's use of Real Property
10conveyed by the Authority, including, but not limited to,
11affordable housing.
 
12    Section 145. Transactions. Transactions shall be
13structured in a manner that permits the Authority to enforce
14contractual agreements, real covenants, and the provisions of
15any subordinate financing held by the Authority pertaining to
16development and use of the Real Property.
 
17    Section 150. Disposition of proceeds. Any proceeds from the
18sale or transfer of Real Property by the Authority shall be
19retained, expended, or transferred by the Authority as
20determined by the Board in the best interests of the Authority
21and in accordance with applicable laws and agreements.
 
22    Section 155. Intergovernmental agreements.

 

 

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1    (a) The Board of Directors may negotiate and propose
2agreements necessary, incidental, or convenient to the
3performance of its duties and the exercise of its powers with
4any unit of local government subject to the approval of the
5corporate authorities. An agreement may include, but is not be
6limited to, contracts for the joint exercise of powers,
7contracts for the ownership, management, development, and
8disposition of Real Property, or contracts for the performance
9of services by a local unit of government on behalf of the
10Authority or by the Authority on behalf of a local unit of
11government.
12    (b) The parties to the intergovernmental agreements shall
13agree that no party to an intergovernmental agreement shall be
14responsible, in whole or in part, for the acts of the
15employees, agents, and servants of any other party, whether
16acting separately or in conjunction with the implementation of
17an agreement. The parties shall only be bound and obligated
18under an agreement as expressly agreed to by each party.
19    (c) All agreements shall in all respects be interpreted,
20enforced, and governed under the laws of the State of Illinois
21without regard to the doctrines of conflict of laws. The
22language of all parts of an agreement shall in all cases be
23construed as a whole according to its plain and fair meaning,
24and not construed strictly for or against any Party.
25    (d) All agreements with municipalities shall include
26language that the municipality consents to participation in the

 

 

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1pilot program under this Act.
 
2    Section 160. Procurement. The Authority shall promulgate
3rules regarding the procurement of contracts and services of
4local real estate brokers and construction crews.
5    (a) Real estate brokers. The Authority shall contract the
6services of 15 real estate brokers to sell or list homes after
7they are repaired under this Act. Bidding shall occur at an
8open meeting convened by the Authority in accordance with the
9Open Meetings Act. A real estate broker shall possess a real
10estate broker's license and shall be in good standing with the
11Department of Financial and Professional Regulation.
12    For purposes of this Section, "local" means having a
13principal place of business within the boundaries of Calumet
14Township, Thornton Township, or Bremen Township in Cook County.
15    (b) Construction crews. The Authority shall contract the
16services of construction crews composed of students from
17construction programs with an accredited community college or
18institute of higher education located within the boundaries of
19the township.
 
20    Section 165. Records. The Authority shall keep and maintain
21at the principal office of the Authority all documents and
22records of the Authority. The records of the Authority, which
23shall be available to the public, shall include, but not be
24limited to, a copy of this Act, a copy of the ordinance

 

 

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1creating the Authority, the Authority's bylaws, and any
2agreements and amendments, as applicable. The records and
3documents shall be maintained and shall be delivered to any
4successor entity.
 
5    Section 170. Financial statements and quarterly reports.
6    (a) The Authority shall prepare, at the Authority's
7expense, audited financial statements, including a balance
8sheet, statement of revenue and expense, statement of cash
9flows, and changes in fund balance, on an annual basis. This
10financial statements shall be prepared in accordance with
11generally accepted accounting principles and accompanied by a
12written opinion of an independent certified public accounting
13firm.
14    (b) The Authority shall submit reports under this Section
15to the Illinois Housing Development Authority. The reports
16shall include: (1) the number of foreclosed properties in the
17township; (2) the number of properties acquired pursuant to the
18pilot program under this Act; (3) the number of projects
19completed to date under the pilot program; and (4) financial
20details regarding the cost of the projects, the amount a
21project sold for, and whether there exists a net gain or loss
22for the Authority.
 
23    Section 175. Annual budget.
24    (a) The Authority shall prepare an annual budget in a

 

 

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1manner and under a time frame mandated by the corporate
2authorities.
3    (b) The obligations and expenditures of the Board of
4Directors shall conform to the any applicable local
5appropriation ordinance, provided that the corporate
6authorities retain the authority to impose additional
7limitations. Any commitment, contract or other obligation
8entered into by the Board in derogation of this Section shall
9be voidable by the corporate authorities and the Illinois
10Housing Development Authority.
 
11    Section 180. Deposits and investments. The Authority shall
12deposit funds of the Authority in a special fund to be held by
13the treasurer of the township, designated as the "Local
14Government Stabilization Authority Fund" and expended
15exclusively for the operation of the Authority.
 
16    Section 185. Disbursements. Expenditures of funds from the
17Local Government Stabilization Authority Fund shall be in
18accordance with guidelines established by the Board of
19Directors.
 
20    Section 190. Performance objectives. Each Fiscal Year, the
21Director, or other individual designated by the Board of
22Directors, shall prepare, for review and approval by the Board
23of Directors, objectives for the Authority's performance.
 

 

 

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1    Section 195. Annual report.
2    (a) The Board of Directors shall submit to the corporate
3authorities, within 6 months after the end of each Fiscal Year,
4a report that shall set forth a complete and detailed operating
5and financial statement of the Authority during such Fiscal
6Year.
7    (b) Included in the report shall be any recommendations for
8additional legislation or other action that may be necessary to
9carry out the mission, purpose, and intent of the Authority.
 
10    Section 200. Management of funds. The Director, or other
11individual designated by the Board of Directors, is authorized
12to make deposits and withdraw funds from the Local Government
13Stabilization Authority Fund for the management of sales
14proceeds, revenue, and other Authority funds as authorized by
15the Board of Directors. Standard accounting procedures shall be
16used in the management of accounts and approved by the
17corporate authorities.
 
18    Section 205. Authorized expenditures. The Authority shall
19in its sole discretion and within its budget, expend funds as
20necessary to carry out the powers, duties, functions, and
21responsibilities of an Authority under this Act.
 
22    Section 210. Dissolution of assets. Upon determining that

 

 

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1the purposes of the Authority have been completed and that
2there is no longer a need for the Authority's continued
3existence, the corporate authorities may repeal the enacting
4ordinance and dissolve the Authority provided, however, that
5the effective date of a repeal shall provide sufficient time
6for the Authority to carry out the provisions set forth in
7Section 190.
8    As soon as possible after notice of the repeal of this Act
9or the repeal of a local enacting ordinance, the Authority
10shall finish its affairs as follows:
11    (a) all of the Authority's debts, liabilities, and
12obligations to its creditors and all expenses incurred in
13connection with the termination of the Authority and
14distribution of its assets shall be paid first; and
15    (b) the remaining Real Property and personal property owned
16by the Authority, if any, shall be distributed to any successor
17entity, subject to approval by the corporate authorities. In
18the event that no successor entity exists, the remaining Real
19Property and personal property, and other assets of the
20Authority, shall become assets of the corporate authorities,
21unless provided otherwise in any applicable agreements.
 
22    Section 215. Interpretation. All powers granted to the
23Authority under this Act shall be interpreted broadly to
24effectuate the intent and purposes of this Act and not to serve
25as a limitation of powers.
 

 

 

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1    Section 220. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.