Full Text of HB1977 102nd General Assembly
HB1977 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1977 Introduced 2/17/2021, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-74.4-5 | from Ch. 24, par. 11-74.4-5 |
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Amends the Tax Increment Allocation Redevelopment Act in the Illinois Municipal Code. Provides that, prior to the adoption of an ordinance proposing the
designation or extension of a redevelopment project area, the municipality must evaluate the potential costs incurred by affected school districts at a public hearing. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-74.4-5 as follows:
| 6 | | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
| 7 | | Sec. 11-74.4-5. Public hearing; joint review board. | 8 | | (a) The changes made by this amendatory Act of the 91st
| 9 | | General Assembly do not apply to a municipality that, (i) | 10 | | before the
effective date of this amendatory Act of the 91st | 11 | | General Assembly,
has adopted an ordinance or resolution | 12 | | fixing a time and place for a
public hearing under this Section | 13 | | or (ii) before July 1, 1999, has adopted
an ordinance or | 14 | | resolution providing for a feasibility study under Section
| 15 | | 11-74.4-4.1, but has not yet adopted an ordinance
approving | 16 | | redevelopment plans and redevelopment projects or designating
| 17 | | redevelopment project areas under Section 11-74.4-4, until | 18 | | after that
municipality adopts an ordinance
approving | 19 | | redevelopment plans and redevelopment projects or designating
| 20 | | redevelopment project areas under Section 11-74.4-4; | 21 | | thereafter the changes
made by this amendatory Act of the 91st | 22 | | General Assembly apply to the same
extent that they apply to
| 23 | | redevelopment plans and redevelopment projects that were |
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| 1 | | approved and
redevelopment projects that were designated | 2 | | before the effective date of this
amendatory Act of the 91st | 3 | | General Assembly.
| 4 | | Prior to the adoption of an ordinance proposing the
| 5 | | designation of a redevelopment project area, or approving a
| 6 | | redevelopment plan or redevelopment project, the municipality | 7 | | by its
corporate authorities, or as it may determine by any | 8 | | commission
designated under subsection (k) of Section | 9 | | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | 10 | | and place for public hearing.
At least 10 days prior to the | 11 | | adoption of the ordinance or resolution
establishing the time
| 12 | | and place for the public hearing, the municipality shall make | 13 | | available for
public inspection a redevelopment plan or a | 14 | | separate report that provides in
reasonable detail the basis | 15 | | for the eligibility of
the redevelopment project area. The | 16 | | report along with the name of a
person to
contact for further | 17 | | information shall be sent within a reasonable time
after the | 18 | | adoption of such ordinance or resolution to the
affected | 19 | | taxing districts
by certified mail.
On and after the effective | 20 | | date of this amendatory Act of the 91st General
Assembly, the | 21 | | municipality shall print in a newspaper of general circulation
| 22 | | within the municipality a notice that interested persons may | 23 | | register with the
municipality in order to receive information | 24 | | on the proposed designation of a
redevelopment project area or | 25 | | the approval of a redevelopment plan. The notice
shall state | 26 | | the place of registration and the operating hours of that |
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| 1 | | place.
The municipality shall have adopted reasonable rules to | 2 | | implement this
registration process under Section 11-74.4-4.2.
| 3 | | The municipality shall provide notice of the availability of | 4 | | the
redevelopment plan and eligibility report, including how | 5 | | to obtain this
information, by mail within a reasonable time | 6 | | after the adoption of the
ordinance or resolution, to all | 7 | | residential addresses that, after a good faith
effort, the | 8 | | municipality determines are located outside the proposed
| 9 | | redevelopment project area and within 750 feet of the
| 10 | | boundaries of the proposed redevelopment project area. This | 11 | | requirement is
subject to the limitation that in a | 12 | | municipality with a population of over
100,000, if the total | 13 | | number of residential addresses outside the proposed
| 14 | | redevelopment project area and within 750 feet of the
| 15 | | boundaries of the proposed redevelopment project area exceeds | 16 | | 750, the
municipality shall be required to provide the notice | 17 | | to only the 750
residential addresses that, after a good faith | 18 | | effort, the municipality
determines are outside the proposed | 19 | | redevelopment project area and closest
to the boundaries of | 20 | | the proposed redevelopment project
area.
Notwithstanding the | 21 | | foregoing, notice given after August 7, 2001 (the
effective | 22 | | date of Public Act 92-263) and before the effective date of | 23 | | this
amendatory Act of the 92nd General Assembly to | 24 | | residential addresses within 750
feet of the boundaries of a | 25 | | proposed redevelopment project area shall be deemed
to have | 26 | | been sufficiently given in compliance with this Act if given |
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| 1 | | only to
residents outside the boundaries of the proposed | 2 | | redevelopment project area.
The notice shall also be provided | 3 | | by the municipality, regardless of its
population, to those | 4 | | organizations and residents that have registered with the
| 5 | | municipality for that information in accordance with the | 6 | | registration
guidelines established by the municipality under | 7 | | Section 11-74.4-4.2.
| 8 | | At the public hearing any
interested person or affected | 9 | | taxing district may file with the
municipal clerk written | 10 | | objections to and may be heard orally in respect
to any issues | 11 | | embodied in the notice. The municipality shall hear all | 12 | | protests
and objections at the hearing and the hearing may
be | 13 | | adjourned to another date without further notice other than a | 14 | | motion
to be entered upon the minutes fixing the time and place | 15 | | of the
subsequent hearing.
At the public hearing or at any time | 16 | | prior to the
adoption by the municipality of an ordinance | 17 | | approving a redevelopment plan,
the municipality may make | 18 | | changes in the redevelopment plan. Changes which (1)
add | 19 | | additional parcels of property to the proposed redevelopment | 20 | | project area,
(2) substantially affect the general land uses | 21 | | proposed in the redevelopment
plan, (3) substantially change | 22 | | the nature of or extend the life of the
redevelopment project,
| 23 | | or (4) increase the number of inhabited residential units to | 24 | | be displaced from the redevelopment project area, as
measured | 25 | | from the time of creation of the redevelopment project area, | 26 | | to a total of more than
10,
shall be made only after the
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| 1 | | municipality gives notice,
convenes a joint review board, and | 2 | | conducts a public hearing pursuant to the
procedures set forth | 3 | | in this Section and in Section 11-74.4-6 of this Act.
Changes | 4 | | which do not (1) add additional parcels of property to the | 5 | | proposed
redevelopment project area, (2) substantially affect | 6 | | the general land uses
proposed in the redevelopment plan, (3) | 7 | | substantially change the nature of
or extend the life of the | 8 | | redevelopment project,
or (4) increase the number of inhabited | 9 | | residential units to be displaced from the redevelopment | 10 | | project area, as
measured from the time of creation of the | 11 | | redevelopment project area, to a total
of more than 10,
may be | 12 | | made without further
hearing, provided that the municipality | 13 | | shall give notice of any such changes
by mail to each affected | 14 | | taxing district and registrant on the interested
parties | 15 | | registry, provided for under Section 11-74.4-4.2, and by | 16 | | publication in
a newspaper of
general circulation within the | 17 | | affected taxing district. Such notice by mail
and by | 18 | | publication shall each occur not later than 10 days following | 19 | | the
adoption by ordinance of such changes. Hearings with | 20 | | regard to a redevelopment
project area, project or plan may be | 21 | | held simultaneously.
| 22 | | (b) Prior to holding a public hearing to approve or amend a | 23 | | redevelopment
plan or to designate or add additional parcels | 24 | | of property to a redevelopment
project area, the municipality
| 25 | | shall convene a joint review board. The board shall consist of | 26 | | a representative
selected by each community college district, |
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| 1 | | local elementary school
district and high school district or | 2 | | each local community unit school
district, park district, | 3 | | library district, township, fire protection
district, and | 4 | | county that will have the authority to
directly levy taxes on | 5 | | the property within the proposed redevelopment
project area at | 6 | | the time that the proposed redevelopment project area is
| 7 | | approved, a representative selected by the municipality and a | 8 | | public
member. The public member shall first be selected and | 9 | | then the board's
chairperson shall be selected by
a majority | 10 | | of the board members present and voting.
| 11 | | For redevelopment project areas with redevelopment plans | 12 | | or proposed
redevelopment plans that would
result in the | 13 | | displacement of residents from 10 or more inhabited | 14 | | residential
units or that include 75 or more inhabited | 15 | | residential units, the public member
shall be a person who | 16 | | resides in the redevelopment project area. If, as
determined | 17 | | by the housing impact study provided for in paragraph (5) of
| 18 | | subsection (n) of Section 11-74.4-3, or if no housing impact | 19 | | study is required
then based on other reasonable data, the | 20 | | majority of residential units are
occupied by very low, low, | 21 | | or moderate income households, as defined in Section
3 of the | 22 | | Illinois Affordable Housing Act, the public member shall be a | 23 | | person
who resides in very low, low, or moderate income | 24 | | housing within the
redevelopment project area. Municipalities | 25 | | with fewer than 15,000 residents
shall not be required to | 26 | | select a person who lives in very low, low, or
moderate income |
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| 1 | | housing within the redevelopment project area, provided that
| 2 | | the redevelopment plan or project will not result in | 3 | | displacement of residents
from 10 or more inhabited units, and | 4 | | the municipality so certifies
in the plan. If no person | 5 | | satisfying these requirements is available or if no
qualified | 6 | | person will serve as the public member, then the joint review | 7 | | board
is relieved of this paragraph's selection requirements | 8 | | for the public
member.
| 9 | | Within 90 days of the effective date of this amendatory | 10 | | Act of the 91st
General Assembly, each municipality that | 11 | | designated a redevelopment project
area for which it was not | 12 | | required to convene a joint review board under this
Section | 13 | | shall convene a joint review board to perform the
duties | 14 | | specified under paragraph (e) of this Section.
| 15 | | All board members shall be appointed and the first board | 16 | | meeting shall be
held at least 14 days but not more than 28 | 17 | | days after the
mailing of notice by the
municipality to the | 18 | | taxing
districts as required by Section 11-74.4-6(c).
| 19 | | Notwithstanding the preceding sentence, a municipality that | 20 | | adopted either a
public hearing resolution or a feasibility | 21 | | resolution between July 1, 1999 and
July 1, 2000 that called | 22 | | for the meeting of the joint review board within 14
days of | 23 | | notice of public hearing to affected taxing districts is | 24 | | deemed to be
in compliance with the notice, meeting, and | 25 | | public hearing provisions of the
Act.
Such notice
shall also | 26 | | advise
the taxing bodies represented on the joint review board |
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| 1 | | of the time and place
of the first meeting of the board. | 2 | | Additional meetings of the
board shall be held upon the call of | 3 | | any member. The municipality
seeking designation of the | 4 | | redevelopment project area shall provide
administrative | 5 | | support to the board.
| 6 | | The board shall review (i) the public record, planning | 7 | | documents and
proposed ordinances approving the redevelopment | 8 | | plan and
project and (ii) proposed amendments to the | 9 | | redevelopment plan or additions
of parcels of property to the | 10 | | redevelopment project area to be
adopted by the municipality. | 11 | | As part of its deliberations, the board may
hold additional | 12 | | hearings on the proposal. A
board's recommendation shall be
an | 13 | | advisory, non-binding recommendation. The recommendation shall | 14 | | be adopted
by a majority of those members present and voting. | 15 | | The recommendations shall
be submitted to the municipality
| 16 | | within 30 days after convening of the board.
Failure of the | 17 | | board to
submit
its report on a timely basis shall not be cause | 18 | | to delay the public hearing
or any other step in the process of | 19 | | designating or
amending the
redevelopment project area but | 20 | | shall be deemed to constitute approval by the
joint review | 21 | | board of the matters before it.
| 22 | | The board shall base its recommendation to approve or | 23 | | disapprove the
redevelopment plan and the designation of the | 24 | | redevelopment project area or the
amendment of the | 25 | | redevelopment plan or addition of parcels of property to the
| 26 | | redevelopment project area on the basis of the redevelopment |
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| 1 | | project area and
redevelopment plan satisfying the
plan | 2 | | requirements, the eligibility criteria
defined in Section | 3 | | 11-74.4-3, and the objectives of this Act.
| 4 | | The board shall issue a written report describing why the
| 5 | | redevelopment plan and project area or the amendment thereof | 6 | | meets or
fails to meet one or more of the objectives of this | 7 | | Act and both the plan
requirements and the eligibility | 8 | | criteria defined in Section 11-74.4-3.
In the event the Board | 9 | | does not file a report it shall be presumed
that these taxing | 10 | | bodies find the redevelopment project area and
redevelopment | 11 | | plan satisfy the
objectives of this Act and the plan | 12 | | requirements and eligibility criteria.
| 13 | | If the board recommends rejection of the matters before | 14 | | it, the
municipality will have 30 days within which to | 15 | | resubmit the plan or amendment.
During this period, the | 16 | | municipality will meet and confer with the board and
attempt | 17 | | to resolve those issues set forth in the board's written | 18 | | report that
led to the rejection of the plan or amendment.
| 19 | | Notwithstanding the resubmission set forth above, the | 20 | | municipality may
commence the scheduled public hearing and | 21 | | either adjourn the public hearing or
continue the public | 22 | | hearing until a date certain. Prior to continuing any
public | 23 | | hearing to a date certain, the municipality shall announce | 24 | | during the
public hearing the time, date, and location for the | 25 | | reconvening of the public
hearing. Any changes to the | 26 | | redevelopment plan necessary to satisfy the issues
set forth |
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| 1 | | in the joint review board report shall be the subject of a | 2 | | public
hearing before the hearing is adjourned if the changes | 3 | | would (1) substantially
affect the general land uses proposed | 4 | | in the redevelopment plan, (2)
substantially change the nature | 5 | | of or extend the life of the redevelopment
project, or (3) | 6 | | increase the number of inhabited residential units to be
| 7 | | displaced from the redevelopment project area, as
measured | 8 | | from the
time of creation of the redevelopment project area, | 9 | | to a total of
more than 10. Changes to the redevelopment plan | 10 | | necessary
to
satisfy the issues set forth in the joint review | 11 | | board report shall not require
any further notice or convening | 12 | | of a joint review board meeting, except that
any changes to the | 13 | | redevelopment plan that would add additional parcels of
| 14 | | property to the proposed redevelopment project area shall be | 15 | | subject to the
notice, public hearing, and joint review board | 16 | | meeting requirements established
for such changes by | 17 | | subsection (a) of Section 11-74.4-5.
| 18 | | In the event that the
municipality and the board are | 19 | | unable to resolve these differences, or in the
event that the | 20 | | resubmitted plan or amendment is rejected by the board, the
| 21 | | municipality may proceed with the plan or amendment, but only | 22 | | upon a
three-fifths vote of the corporate authority | 23 | | responsible for approval of the
plan or amendment, excluding | 24 | | positions of members that are vacant and those
members that | 25 | | are ineligible to vote because of conflicts of interest.
| 26 | | (c) After a municipality has by ordinance approved a |
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| 1 | | redevelopment plan
and designated a redevelopment project | 2 | | area, the plan may be amended and
additional properties may be | 3 | | added to the redevelopment project area only as
herein | 4 | | provided. Amendments which (1) add additional parcels of | 5 | | property to
the proposed redevelopment project area, (2) | 6 | | substantially affect the general
land uses proposed in the | 7 | | redevelopment plan, (3) substantially change the
nature of the | 8 | | redevelopment project, (4) increase the total estimated
| 9 | | redevelopment
project costs set out in the redevelopment plan | 10 | | by more than 5% after
adjustment for inflation from the date | 11 | | the plan was adopted, (5) add
additional redevelopment project | 12 | | costs to the itemized list of redevelopment
project costs set | 13 | | out in the redevelopment plan, or (6) increase the number of
| 14 | | inhabited residential units to be
displaced from the | 15 | | redevelopment
project area, as measured from the time of | 16 | | creation of
the
redevelopment project area, to a total of more | 17 | | than
10, shall be made only after
the
municipality gives | 18 | | notice, convenes a joint review board, and conducts a public
| 19 | | hearing pursuant to the procedures set forth in this Section | 20 | | and in Section
11-74.4-6 of this Act. Changes which do not (1) | 21 | | add additional parcels of
property to the proposed | 22 | | redevelopment project area, (2) substantially affect
the | 23 | | general land uses proposed in the redevelopment plan, (3) | 24 | | substantially
change the nature of the redevelopment project, | 25 | | (4) increase the total
estimated redevelopment project cost | 26 | | set out in the redevelopment plan by more
than 5% after |
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| 1 | | adjustment for inflation from the date the plan was adopted,
| 2 | | (5) add additional redevelopment project costs to the itemized | 3 | | list of
redevelopment project costs set out in the | 4 | | redevelopment plan, or (6) increase
the number of inhabited | 5 | | residential units to be displaced from the
redevelopment | 6 | | project area, as measured from the time of
creation of
the | 7 | | redevelopment project area, to a total of more than 10, may be | 8 | | made
without further public hearing
and related notices and | 9 | | procedures including the convening of a joint review
board as | 10 | | set forth in Section 11-74.4-6 of this Act, provided that the
| 11 | | municipality shall give notice of
any such changes by mail to | 12 | | each affected taxing district and registrant on the
interested | 13 | | parties registry, provided for under Section 11-74.4-4.2, and | 14 | | by
publication in
a newspaper of general circulation within | 15 | | the affected taxing district. Such
notice by mail and by | 16 | | publication shall each occur not later than 10 days
following | 17 | | the adoption by ordinance of such changes.
| 18 | | (d) After the effective date of this amendatory Act of the | 19 | | 91st General
Assembly, a
municipality shall submit in an | 20 | | electronic format the
following information for each | 21 | | redevelopment project area (i) to the State
Comptroller under | 22 | | Section 8-8-3.5 of the Illinois Municipal Code, subject to any | 23 | | extensions or exemptions provided at the Comptroller's | 24 | | discretion under that Section,
and (ii) to all taxing | 25 | | districts overlapping the
redevelopment project area no later | 26 | | than 180
days after the close of each municipal fiscal year or |
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| 1 | | as soon thereafter as
the audited financial
statements become | 2 | | available and, in any case, shall be submitted before the
| 3 | | annual meeting of the Joint Review Board to each of the taxing | 4 | | districts that
overlap the redevelopment project area:
| 5 | | (1) Any amendments to the redevelopment plan, the | 6 | | redevelopment
project area, or the State Sales Tax | 7 | | Boundary.
| 8 | | (1.5) A list of the redevelopment project areas | 9 | | administered by the
municipality and, if applicable, the | 10 | | date each redevelopment project area was
designated or | 11 | | terminated by the municipality.
| 12 | | (2) Audited financial statements of the special tax | 13 | | allocation fund once a
cumulative total of $100,000 has | 14 | | been deposited in the fund.
| 15 | | (3) Certification of the Chief Executive Officer of | 16 | | the municipality
that the municipality has complied with | 17 | | all of the requirements of this Act
during the preceding | 18 | | fiscal year.
| 19 | | (4) An opinion of legal counsel that the municipality | 20 | | is in compliance
with this Act.
| 21 | | (5) An analysis of the special tax allocation fund | 22 | | which sets forth:
| 23 | | (A) the balance in the special tax allocation fund | 24 | | at the beginning of
the fiscal year;
| 25 | | (B) all amounts deposited in the special tax | 26 | | allocation fund by source;
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| 1 | | (C) an itemized list of all expenditures from the | 2 | | special tax
allocation fund by category of
permissible | 3 | | redevelopment project cost; and
| 4 | | (D) the balance in the special tax allocation fund | 5 | | at the end of the
fiscal year including a breakdown of | 6 | | that balance by source and a breakdown
of that balance | 7 | | identifying any portion of the balance that is | 8 | | required,
pledged, earmarked, or otherwise designated | 9 | | for payment of or securing of
obligations and | 10 | | anticipated redevelopment project costs. Any portion | 11 | | of
such ending balance that has not been identified or | 12 | | is not identified as
being
required, pledged, | 13 | | earmarked, or otherwise designated for payment of or
| 14 | | securing of obligations or anticipated redevelopment | 15 | | projects costs
shall be designated as surplus as set | 16 | | forth in Section
11-74.4-7 hereof.
| 17 | | (6) A description of all property purchased by the | 18 | | municipality within
the redevelopment project area | 19 | | including:
| 20 | | (A) Street address.
| 21 | | (B) Approximate size or description of property.
| 22 | | (C) Purchase price.
| 23 | | (D) Seller of property.
| 24 | | (7) A statement setting forth all activities | 25 | | undertaken in furtherance
of the objectives of the | 26 | | redevelopment plan, including:
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| 1 | | (A) Any project implemented in the preceding | 2 | | fiscal year.
| 3 | | (B) A description of the redevelopment activities | 4 | | undertaken.
| 5 | | (C) A description of any agreements entered into | 6 | | by the municipality
with
regard to the disposition or | 7 | | redevelopment of any property within the
redevelopment | 8 | | project area or the area within the State Sales Tax | 9 | | Boundary.
| 10 | | (D) Additional information on the use of all funds | 11 | | received under this
Division and steps taken by the
| 12 | | municipality to achieve the objectives of the | 13 | | redevelopment plan.
| 14 | | (E) Information regarding contracts that the | 15 | | municipality's tax
increment advisors or consultants | 16 | | have entered into with entities or persons
that have | 17 | | received, or are receiving, payments financed by tax | 18 | | increment
revenues produced by the same redevelopment | 19 | | project area.
| 20 | | (F) Any reports submitted to the municipality by | 21 | | the joint review board.
| 22 | | (G) A review of public and, to the extent | 23 | | possible, private investment
actually undertaken to | 24 | | date after the effective date of this amendatory Act | 25 | | of
the 91st General Assembly and estimated to be | 26 | | undertaken during the following
year. This review |
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| 1 | | shall, on a project-by-project basis, set forth the
| 2 | | estimated amounts of public and private investment | 3 | | incurred after the effective
date of this amendatory | 4 | | Act of the 91st General Assembly and provide the ratio
| 5 | | of private investment to public investment to the date | 6 | | of the report and as
estimated to the completion of the | 7 | | redevelopment project.
| 8 | | (8) With regard to any obligations issued by the | 9 | | municipality:
| 10 | | (A) copies of any official statements; and
| 11 | | (B) an analysis prepared by financial advisor or | 12 | | underwriter setting
forth: (i) nature and term of | 13 | | obligation; and (ii) projected debt service
including | 14 | | required reserves and debt coverage.
| 15 | | (9) For special tax allocation funds that have | 16 | | experienced cumulative
deposits of incremental tax | 17 | | revenues of $100,000 or more, a certified audit
report | 18 | | reviewing compliance
with this Act
performed by an | 19 | | independent public accountant certified and licensed by | 20 | | the
authority of the State of Illinois. The financial | 21 | | portion of the audit
must be conducted in accordance with | 22 | | Standards for Audits of Governmental
Organizations, | 23 | | Programs, Activities, and Functions adopted by the
| 24 | | Comptroller General of the United States (1981), as | 25 | | amended, or the standards
specified by Section 8-8-5 of | 26 | | the Illinois Municipal Auditing Law of the
Illinois |
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| 1 | | Municipal Code. The audit
report shall contain a letter | 2 | | from the independent certified public accountant
| 3 | | indicating compliance or noncompliance with the | 4 | | requirements
of subsection (q) of Section 11-74.4-3. For | 5 | | redevelopment plans or
projects that would result in the | 6 | | displacement of residents from 10 or more
inhabited | 7 | | residential units or that contain 75 or more inhabited | 8 | | residential
units, notice of the availability of the | 9 | | information, including how to obtain
the report, required | 10 | | in this subsection shall also be sent by mail to all
| 11 | | residents or organizations that operate in the | 12 | | municipality that register with
the municipality for that | 13 | | information according to registration procedures
adopted | 14 | | under Section 11-74.4-4.2. All municipalities are subject | 15 | | to this
provision.
| 16 | | (10) A list of all intergovernmental agreements in | 17 | | effect during the fiscal year to which the municipality is | 18 | | a party and an accounting of any moneys transferred or | 19 | | received by the municipality during that fiscal year | 20 | | pursuant to those intergovernmental agreements. | 21 | | (d-1) Prior to the effective date of this amendatory Act | 22 | | of the 91st
General Assembly, municipalities with populations | 23 | | of over 1,000,000 shall,
after
adoption of a redevelopment | 24 | | plan or project, make available upon request to any
taxing | 25 | | district in which the redevelopment project area is located | 26 | | the
following information:
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| 1 | | (1) Any amendments to the redevelopment plan, the | 2 | | redevelopment project
area, or the State Sales Tax | 3 | | Boundary; and
| 4 | | (2) In connection with any redevelopment project area | 5 | | for which the
municipality has outstanding obligations | 6 | | issued to provide for redevelopment
project costs pursuant | 7 | | to Section 11-74.4-7, audited financial statements of
the | 8 | | special tax allocation fund.
| 9 | | (e) The joint review board shall meet annually 180 days
| 10 | | after the close of the municipal fiscal year or as soon as the | 11 | | redevelopment
project audit for that fiscal year becomes | 12 | | available to review the
effectiveness and status of the | 13 | | redevelopment project area up to that date.
| 14 | | (f) (Blank).
| 15 | | (g) In the event that a municipality has held a public | 16 | | hearing under this
Section prior to March 14, 1994 (the | 17 | | effective date of Public Act 88-537), the
requirements imposed | 18 | | by Public Act 88-537 relating to the method of fixing the
time | 19 | | and place for public hearing, the materials and information | 20 | | required to be
made available for public inspection, and the | 21 | | information required to be sent
after adoption of an ordinance | 22 | | or resolution fixing a time and place for public
hearing shall | 23 | | not be applicable.
| 24 | | (h) On and after the effective date of this amendatory Act | 25 | | of the 96th General Assembly, the State Comptroller must post | 26 | | on the State Comptroller's official website the information |
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| 1 | | submitted by a municipality pursuant to subsection (d) of this | 2 | | Section. The information must be posted no later than 45 days | 3 | | after the State Comptroller receives the information from the | 4 | | municipality. The State Comptroller must also post a list of | 5 | | the municipalities not in compliance with the reporting | 6 | | requirements set forth in subsection (d) of this Section. | 7 | | (i) No later than 10 years after the corporate authorities | 8 | | of a municipality adopt an ordinance to establish a | 9 | | redevelopment project area, the municipality must compile a | 10 | | status report concerning the redevelopment project area. The | 11 | | status report must detail without limitation the following: | 12 | | (i) the amount of revenue generated within the redevelopment | 13 | | project area, (ii) any expenditures made by the municipality | 14 | | for the redevelopment project area including without | 15 | | limitation expenditures from the special tax allocation fund, | 16 | | (iii) the status of planned activities, goals, and objectives | 17 | | set forth in the redevelopment plan including details on new | 18 | | or planned construction within the redevelopment project area, | 19 | | (iv) the amount of private and public investment within the | 20 | | redevelopment project area, and (v) any other relevant | 21 | | evaluation or performance data. Within 30 days after the | 22 | | municipality compiles the status report, the municipality must | 23 | | hold at least one public hearing concerning the report. The | 24 | | municipality must provide 20 days' public notice of the | 25 | | hearing. | 26 | | (j) Beginning in fiscal year 2011 and in each fiscal year |
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| 1 | | thereafter, a municipality must detail in its annual budget | 2 | | (i) the revenues generated from redevelopment project areas by | 3 | | source and (ii) the expenditures made by the municipality for | 4 | | redevelopment project areas. | 5 | | (k) Prior to the adoption of an ordinance proposing the
| 6 | | designation or extension of a redevelopment project area, the | 7 | | municipality must evaluate the potential costs incurred by | 8 | | affected school districts at a public hearing; that evaluation | 9 | | may occur at a public hearing under this Section or at a | 10 | | separate public hearing. | 11 | | (Source: P.A. 98-922, eff. 8-15-14.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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