Bill Text: IL SB2600 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Economic Development Project Area Tax Increment Allocation Act of 1995. Provides that when a commission is created under the Act and receives any public funds or public monies, the board shall include at least 2 members of a labor council or labor councils and at least 2 members from 2 separate minority groups. Further provides that the labor council and minority group members shall be full commission members and shall not be compensated. Defines terms.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2016-11-30 - Total Veto Stands [SB2600 Detail]
Download: Illinois-2015-SB2600-Enrolled.html
Bill Title: Amends the Economic Development Project Area Tax Increment Allocation Act of 1995. Provides that when a commission is created under the Act and receives any public funds or public monies, the board shall include at least 2 members of a labor council or labor councils and at least 2 members from 2 separate minority groups. Further provides that the labor council and minority group members shall be full commission members and shall not be compensated. Defines terms.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2016-11-30 - Total Veto Stands [SB2600 Detail]
Download: Illinois-2015-SB2600-Enrolled.html
| |||||||
| |||||||
| |||||||
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 Economic Development Area Tax Increment | ||||||
5 | Allocation Act is amended by changing Section 9 as follows:
| ||||||
6 | (20 ILCS 620/9) (from Ch. 67 1/2, par. 1009)
| ||||||
7 | Sec. 9. Powers of municipalities. In addition to powers | ||||||
8 | which it may
now
have, any municipality has the power under | ||||||
9 | this Act:
| ||||||
10 | (a) To make and enter into all contracts necessary or | ||||||
11 | incidental to the
implementation and furtherance of an economic | ||||||
12 | development plan.
| ||||||
13 | (b) Within an economic development project area, to acquire | ||||||
14 | by purchase,
donation, lease or eminent domain, and to own, | ||||||
15 | convey, lease, mortgage or
dispose of land and other real or | ||||||
16 | personal property or rights or interests
therein; and to grant | ||||||
17 | or acquire licenses, easements and options with
respect | ||||||
18 | thereto, all in the manner and at such price the municipality
| ||||||
19 | determines is reasonably necessary to achieve the objectives of | ||||||
20 | the
economic development project. No conveyance, lease, | ||||||
21 | mortgage, disposition
of land or other property acquired by the | ||||||
22 | municipality, or agreement
relating to the development of | ||||||
23 | property, shall be made or executed except
pursuant to prior |
| |||||||
| |||||||
1 | official action of the municipality.
No conveyance, lease, | ||||||
2 | mortgage or other disposition of land, and no
agreement | ||||||
3 | relating to the development of property, shall be made without
| ||||||
4 | making public disclosure of the terms and disposition of all | ||||||
5 | bids and
proposals submitted to the municipality in connection | ||||||
6 | therewith.
| ||||||
7 | (c) To clear any area within an economic development | ||||||
8 | project area by
demolition or removal of any existing | ||||||
9 | buildings, structures, fixtures,
utilities or improvements, | ||||||
10 | and to clear and grade land.
| ||||||
11 | (d) To install, repair, construct, reconstruct or relocate | ||||||
12 | public
streets, public utilities, and other public site | ||||||
13 | improvements within or
without an economic development project | ||||||
14 | area which are essential to the
preparation of an economic | ||||||
15 | development project area for use in accordance
with an economic | ||||||
16 | development plan.
| ||||||
17 | (e) To renovate, rehabilitate, reconstruct, relocate, | ||||||
18 | repair or remodel
any existing buildings, improvements, and | ||||||
19 | fixtures within an economic
development project area.
| ||||||
20 | (f) To construct, acquire, and operate public | ||||||
21 | improvements, including but not limited to,
publicly owned | ||||||
22 | buildings, structures, works, utilities or fixtures within any | ||||||
23 | economic
development project area, subject to the restrictions | ||||||
24 | of item (5) of subsection (e) of Section 3 of this Act.
| ||||||
25 | (g) To issue obligations as provided in this Act.
| ||||||
26 | (h) To fix, charge and collect fees, rents and charges for |
| |||||||
| |||||||
1 | the use of
any building, facility or property or any portion | ||||||
2 | thereof owned or leased
by the municipality within an economic | ||||||
3 | development project area.
| ||||||
4 | (i) To accept grants, guarantees, donations of property or | ||||||
5 | labor, or any
other thing of value for use in connection with | ||||||
6 | an economic development project.
| ||||||
7 | (j) To pay or cause to be paid economic development project | ||||||
8 | costs. Any
payments to be made by the municipality to | ||||||
9 | developers or other
nongovernmental persons for economic | ||||||
10 | development project costs incurred by
such developer or other | ||||||
11 | nongovernmental person shall be made only pursuant
to the prior | ||||||
12 | official action of the municipality evidencing an intent to
pay | ||||||
13 | or cause to be paid such economic development project costs. A
| ||||||
14 | municipality is not required to obtain any right, title or | ||||||
15 | interest in any
real or personal property in order to pay | ||||||
16 | economic development project
costs associated with such | ||||||
17 | property. The municipality shall adopt such
accounting | ||||||
18 | procedures as may be necessary to determine that such economic
| ||||||
19 | development project costs are properly paid.
| ||||||
20 | (k) To exercise any and all other powers necessary to | ||||||
21 | effectuate the
purposes of this Act.
| ||||||
22 | (l) To create a commission of not less than 5 or more than | ||||||
23 | 15 persons to be
appointed by the mayor or president of the | ||||||
24 | municipality with the consent of
the majority of the corporate | ||||||
25 | authorities of the municipality. Members of a
commission shall | ||||||
26 | be appointed for initial terms of 1, 2, 3, 4, and 5 years,
|
| |||||||
| |||||||
1 | respectively, in such numbers as to provide that the terms of | ||||||
2 | not more than
1/3 of all such members shall expire in any one | ||||||
3 | year. Their successors
shall be appointed for a term of 5 | ||||||
4 | years. The commission, subject to
approval of the corporate | ||||||
5 | authorities, may exercise the powers enumerated in
this | ||||||
6 | Section. The commission shall also have the power to hold the | ||||||
7 | public
hearings required by this Act and make recommendations | ||||||
8 | to the corporate
authorities concerning the approval of | ||||||
9 | economic development plans, the
establishment of economic | ||||||
10 | development project areas, and the adoption of
tax increment | ||||||
11 | allocation financing for economic development project areas.
| ||||||
12 | When a commission created under this subsection (l) | ||||||
13 | receives any public funds or public monies, its board shall | ||||||
14 | include not less than 2 members of a labor council or councils | ||||||
15 | and not less than: (i) 2 members from 2 separate minority | ||||||
16 | groups, or (ii) one member who is a woman and one member from a | ||||||
17 | minority group. The labor council or councils shall represent: | ||||||
18 | (A) employees in the construction trades; and (B) employees in | ||||||
19 | the public and private sector. The labor council, women, and | ||||||
20 | minority group members shall be full commission members with | ||||||
21 | all rights and privileges and shall not be compensated. No | ||||||
22 | membership fees, dues, or assessments shall be required of any | ||||||
23 | commission member. | ||||||
24 | For purposes of this subsection: | ||||||
25 | "Labor council" means any organization representing | ||||||
26 | multiple entities who are monitoring or attentive to |
| |||||||
| |||||||
1 | compliance with public or workers' safety laws, wage and | ||||||
2 | hour requirements, making or maintaining collective | ||||||
3 | bargaining agreements, or other statutory requirements. | ||||||
4 | "Minority group" means a group that is a readily | ||||||
5 | identifiable subset of the U.S. population and that is made | ||||||
6 | up of persons who are any of the following: | ||||||
7 | (i) American Indian or Alaska Native (a person | ||||||
8 | having origins in any of the original peoples of North | ||||||
9 | and South America, including Central America, and who | ||||||
10 | maintains tribal affiliation or community attachment). | ||||||
11 | (ii) Asian (a person having origins in any of the | ||||||
12 | original peoples of the Far East, Southeast Asia, or | ||||||
13 | the Indian subcontinent, including, but not limited | ||||||
14 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
15 | Pakistan, the Philippine Islands, Thailand, and | ||||||
16 | Vietnam). | ||||||
17 | (iii) Black or African American (a person having | ||||||
18 | origins in any of the black racial groups of Africa). | ||||||
19 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
20 | Mexican, Puerto Rican, South or Central American, or | ||||||
21 | other Spanish culture or origin, regardless of race). | ||||||
22 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
23 | person having origins in any of the original peoples of | ||||||
24 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
25 | (vi) A woman. | ||||||
26 | "Public funds" and "public monies" mean any funds |
| |||||||
| |||||||
1 | received from: the federal government or any agency of the | ||||||
2 | federal government; any state government or any agency or | ||||||
3 | political subdivision of any state government; or the State | ||||||
4 | or any unit of local government. | ||||||
5 | (Source: P.A. 97-636, eff. 6-1-12 .)
| ||||||
6 | Section 10. The County Economic Development Project Area | ||||||
7 | Property
Tax Allocation Act is amended by changing Section 9 as | ||||||
8 | follows:
| ||||||
9 | (55 ILCS 85/9) (from Ch. 34, par. 7009)
| ||||||
10 | Sec. 9. Powers of counties. In addition to powers which it | ||||||
11 | may now
have, any county has the power under this Act:
| ||||||
12 | (a) To make and enter into all contracts necessary or | ||||||
13 | incidental to the
implementation and furtherance of an economic | ||||||
14 | development plan.
| ||||||
15 | (b) Within an economic development project area, to acquire | ||||||
16 | by purchase,
donation, lease or eminent domain and to own, | ||||||
17 | convey, lease, mortgage or
dispose of land and other real or | ||||||
18 | personal property or rights or interest
therein; and to grant | ||||||
19 | or acquire licenses, easements and options with
respect | ||||||
20 | thereto, all in the manner and at such price the county | ||||||
21 | determines
is reasonably necessary to achieve the objectives of | ||||||
22 | the economic
development plan. No conveyance, lease, mortgage, | ||||||
23 | disposition of land or
other property acquired by the county, | ||||||
24 | or agreement relating to the
development of property shall be |
| |||||||
| |||||||
1 | made or executed except pursuant to prior
official action of | ||||||
2 | the county.
| ||||||
3 | (c) To clear any area within an economic development | ||||||
4 | project area by
demolition or removal of any existing | ||||||
5 | buildings, structures, fixtures,
utilities or improvements, | ||||||
6 | and to clear and grade land.
| ||||||
7 | (d) To install, repair, construct, reconstruct or relocate | ||||||
8 | public
streets, public utilities, and other public site | ||||||
9 | improvements within or
without an economic development project | ||||||
10 | area which are essential to the
preparation of an economic | ||||||
11 | development project area for use in accordance
with an economic | ||||||
12 | development plan.
| ||||||
13 | (e) To renovate, rehabilitate, reconstruct, relocate, | ||||||
14 | repair or remodel
any existing buildings, improvements, and | ||||||
15 | fixtures within an economic
development project area.
| ||||||
16 | (f) To construct public improvements, including but not | ||||||
17 | limited to,
buildings, structures, works, utilities or | ||||||
18 | fixtures within any economic
development project area.
| ||||||
19 | (g) To issue obligations as in this Act provided.
| ||||||
20 | (h) To fix, charge and collect fees, rents and charges for | ||||||
21 | the use of
any building, facility or property or any portion | ||||||
22 | thereof owned or leased
by the county within an economic | ||||||
23 | development project area.
| ||||||
24 | (i) To accept grants, guarantees, donations of property or | ||||||
25 | labor, or
any other thing of value for use in connection with | ||||||
26 | an economic development
project.
|
| |||||||
| |||||||
1 | (j) To pay or cause to be paid economic development project | ||||||
2 | costs. Any
payments to be made by the county to developers or | ||||||
3 | other nongovernmental
persons shall be made only pursuant to | ||||||
4 | the prior official action of the
county evidencing an intent to | ||||||
5 | pay or cause to be paid those economic
development project | ||||||
6 | costs. A county is not required to obtain any right,
title or | ||||||
7 | interest in any real or personal property in order to pay | ||||||
8 | economic
development costs associated with such property. The | ||||||
9 | county shall adopt
such accounting procedures as may be | ||||||
10 | necessary to determine that those
economic development project | ||||||
11 | costs are properly paid.
| ||||||
12 | (k) To exercise any and all other powers necessary to | ||||||
13 | effectuate the
purposes of this Act.
| ||||||
14 | (1) To create a commission of not less than 5 or more than | ||||||
15 | 15 persons to
be appointed by the chief executive officer of | ||||||
16 | the county with the consent
of the majority of the corporate | ||||||
17 | authorities of the county. Members of a
commission shall be | ||||||
18 | appointed for initial terms of 1, 2, 3, 4 and 5 years,
| ||||||
19 | respectively, in such numbers as to provide that the terms of | ||||||
20 | not more than
1/3 of all such members shall expire in any one | ||||||
21 | year. Their successors
shall be appointed for a term of 5 | ||||||
22 | years. The commission, subject to
approval of the corporate | ||||||
23 | authorities, may exercise the power to hold the
public hearings | ||||||
24 | required by this Act and make recommendations to the
corporate | ||||||
25 | authorities concerning the approval of economic development
| ||||||
26 | plans, the establishment of economic development project |
| |||||||
| |||||||
1 | areas, and the
adoption of property tax allocation financing | ||||||
2 | for economic development
project areas.
| ||||||
3 | When a commission created under this subsection (l) | ||||||
4 | receives any public funds or public monies, its board shall | ||||||
5 | include not less than 2 members of a labor council or councils | ||||||
6 | and not less than: (i) 2 members from 2 separate minority | ||||||
7 | groups, or (ii) one member who is a woman and one member from a | ||||||
8 | minority group. The labor council or councils shall represent: | ||||||
9 | (A) employees in the construction trades; and (B) employees in | ||||||
10 | the public and private sector. The labor council, women, and | ||||||
11 | minority group members shall be full commission members with | ||||||
12 | all rights and privileges and shall not be compensated. No | ||||||
13 | membership fees, dues, or assessments shall be required of any | ||||||
14 | commission member. | ||||||
15 | For purposes of this subsection: | ||||||
16 | "Labor council" means any organization representing | ||||||
17 | multiple entities who are monitoring or attentive to | ||||||
18 | compliance with public or workers' safety laws, wage and | ||||||
19 | hour requirements, making or maintaining collective | ||||||
20 | bargaining agreements, or other statutory requirements. | ||||||
21 | "Minority group" means a group that is a readily | ||||||
22 | identifiable subset of the U.S. population and that is made | ||||||
23 | up of persons who are any of the following: | ||||||
24 | (i) American Indian or Alaska Native (a person | ||||||
25 | having origins in any of the original peoples of North | ||||||
26 | and South America, including Central America, and who |
| |||||||
| |||||||
1 | maintains tribal affiliation or community attachment). | ||||||
2 | (ii) Asian (a person having origins in any of the | ||||||
3 | original peoples of the Far East, Southeast Asia, or | ||||||
4 | the Indian subcontinent, including, but not limited | ||||||
5 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
6 | Pakistan, the Philippine Islands, Thailand, and | ||||||
7 | Vietnam). | ||||||
8 | (iii) Black or African American (a person having | ||||||
9 | origins in any of the black racial groups of Africa). | ||||||
10 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
11 | Mexican, Puerto Rican, South or Central American, or | ||||||
12 | other Spanish culture or origin, regardless of race). | ||||||
13 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
16 | (vi) A woman. | ||||||
17 | "Public funds" and "public monies" mean any funds | ||||||
18 | received from: the federal government or any agency of the | ||||||
19 | federal government; any state government or any agency or | ||||||
20 | political subdivision of any state government; or the State | ||||||
21 | or any unit of local government. | ||||||
22 | (Source: P.A. 86-1388.)
| ||||||
23 | Section 15. The County Economic Development Project Area | ||||||
24 | Tax Increment
Allocation Act of 1991 is amended by changing | ||||||
25 | Section 60 as follows:
|
| |||||||
| |||||||
1 | (55 ILCS 90/60) (from Ch. 34, par. 8060)
| ||||||
2 | Sec. 60. Powers of counties; economic development project | ||||||
3 | area
commissions. In addition to powers that it may now have, | ||||||
4 | a
county has the following powers under this Act:
| ||||||
5 | (1) To make and enter into all contracts necessary or | ||||||
6 | incidental to the
implementation and furtherance of an | ||||||
7 | economic development plan.
| ||||||
8 | (2) Within an economic development project area, to | ||||||
9 | acquire by purchase,
donation, lease, or eminent domain and | ||||||
10 | to own, convey, lease, mortgage, or
dispose of land and | ||||||
11 | other real or personal property or rights
or interests in | ||||||
12 | property and to grant or acquire licenses, easements, and
| ||||||
13 | options with respect to property, all in the manner and at | ||||||
14 | a price the
county determines is reasonably necessary to | ||||||
15 | achieve the
objectives of the economic development | ||||||
16 | project. No conveyance, lease,
mortgage, disposition of | ||||||
17 | land, or agreement relating to the development of
property | ||||||
18 | shall be made or executed except pursuant to prior official
| ||||||
19 | action of the county. No conveyance, lease, mortgage, or
| ||||||
20 | other disposition of land, and no agreement relating to the | ||||||
21 | development of
property, shall be made without making | ||||||
22 | public disclosure of the terms and
disposition of all bids | ||||||
23 | and proposals submitted to the
county in connection with | ||||||
24 | that action.
| ||||||
25 | (3) To clear any area within an economic development |
| |||||||
| |||||||
1 | project area by
demolition or removal of any existing | ||||||
2 | buildings, structures, fixtures,
utilities, or | ||||||
3 | improvements and to clear and grade land.
| ||||||
4 | (4) To install, repair, construct, reconstruct, or | ||||||
5 | relocate public
streets, public utilities, and other | ||||||
6 | public site improvements located
outside the boundaries of | ||||||
7 | an economic development project area that are
essential to | ||||||
8 | the preparation of an economic development project area for
| ||||||
9 | use in accordance with an economic development plan.
| ||||||
10 | (5) To renovate, rehabilitate, reconstruct, relocate, | ||||||
11 | repair, or remodel
any existing buildings, improvements, | ||||||
12 | and fixtures within an economic
development project area.
| ||||||
13 | (6) To install or construct any buildings, structures, | ||||||
14 | works, streets,
improvements, utilities, or fixtures | ||||||
15 | within an economic development project area.
| ||||||
16 | (7) To issue obligations as provided in this Act.
| ||||||
17 | (8) To fix, charge, and collect fees, rents, and | ||||||
18 | charges for the use of
any building, facility, or property | ||||||
19 | or any portion of a building, facility,
or property owned | ||||||
20 | or leased
by the county within an economic development | ||||||
21 | project area.
| ||||||
22 | (9) To accept grants, guarantees, donations of | ||||||
23 | property or labor, or any
other thing of value for use in | ||||||
24 | connection with an economic development project.
| ||||||
25 | (10) To pay or cause to be paid economic development | ||||||
26 | project
costs, including, specifically, to reimburse any |
| |||||||
| |||||||
1 | nongovernmental person for
economic development project | ||||||
2 | costs incurred by that person. Any payments to
be made by a | ||||||
3 | county to developers or other nongovernmental
persons for | ||||||
4 | economic development project costs incurred by the | ||||||
5 | developer
or other nongovernmental person shall be made | ||||||
6 | only pursuant to the prior
official action of the county | ||||||
7 | evidencing an intent to pay
or cause to be paid those | ||||||
8 | economic development costs. A
county is not required to | ||||||
9 | obtain any right, title, or interest in any real
or | ||||||
10 | personal property in order to pay economic development | ||||||
11 | project costs
associated with the property. The county | ||||||
12 | shall adopt
accounting procedures necessary to determine | ||||||
13 | that the economic
development project costs are properly | ||||||
14 | paid.
| ||||||
15 | (11) To exercise any and all other powers necessary to | ||||||
16 | effectuate the
purposes of this Act.
| ||||||
17 | (12) To create a commission of not less than 5 or more | ||||||
18 | than 15 persons to
be appointed by the corporate | ||||||
19 | authorities of the county.
Members of a commission shall be | ||||||
20 | appointed for initial terms of 1, 2, 3, 4,
and 5 years, | ||||||
21 | respectively, in numbers to provide that the terms of
not | ||||||
22 | more than one-third of all the members shall expire in any | ||||||
23 | one year. Their
successors shall be appointed for a term of | ||||||
24 | 5 years. The commission,
subject to approval of the | ||||||
25 | corporate authorities, may exercise the powers
enumerated | ||||||
26 | in this Section. The commission also may
hold the public |
| |||||||
| |||||||
1 | hearings required by this Act and make recommendations to
| ||||||
2 | the corporate authorities concerning the approval of | ||||||
3 | economic development
plans, the establishment of economic | ||||||
4 | development project areas, and the adoption of tax
| ||||||
5 | increment allocation financing for economic development | ||||||
6 | project areas.
| ||||||
7 | When a commission created under this paragraph (12) | ||||||
8 | receives any public funds or public monies, its board shall | ||||||
9 | include not less than 2 members of a labor council or councils | ||||||
10 | and not less than: (i) 2 members from 2 separate minority | ||||||
11 | groups, or (ii) one member who is a woman and one member from a | ||||||
12 | minority group. The labor council or councils shall represent: | ||||||
13 | (A) employees in the construction trades; and (B) employees in | ||||||
14 | the public and private sector. The labor council, women, and | ||||||
15 | minority group members shall be full commission members with | ||||||
16 | all rights and privileges and shall not be compensated. No | ||||||
17 | membership fees, dues, or assessments shall be required of any | ||||||
18 | commission member. | ||||||
19 | For purposes of this paragraph: | ||||||
20 | "Labor council" means any organization representing | ||||||
21 | multiple entities who are monitoring or attentive to | ||||||
22 | compliance with public or workers' safety laws, wage and | ||||||
23 | hour requirements, making or maintaining collective | ||||||
24 | bargaining agreements, or other statutory requirements. | ||||||
25 | "Minority group" means a group that is a readily | ||||||
26 | identifiable subset of the U.S. population and that is made |
| |||||||
| |||||||
1 | up of persons who are any of the following: | ||||||
2 | (i) American Indian or Alaska Native (a person | ||||||
3 | having origins in any of the original peoples of North | ||||||
4 | and South America, including Central America, and who | ||||||
5 | maintains tribal affiliation or community attachment). | ||||||
6 | (ii) Asian (a person having origins in any of the | ||||||
7 | original peoples of the Far East, Southeast Asia, or | ||||||
8 | the Indian subcontinent, including, but not limited | ||||||
9 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
10 | Pakistan, the Philippine Islands, Thailand, and | ||||||
11 | Vietnam). | ||||||
12 | (iii) Black or African American (a person having | ||||||
13 | origins in any of the black racial groups of Africa). | ||||||
14 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
15 | Mexican, Puerto Rican, South or Central American, or | ||||||
16 | other Spanish culture or origin, regardless of race). | ||||||
17 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
18 | person having origins in any of the original peoples of | ||||||
19 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
20 | (vi) A woman. | ||||||
21 | "Public funds" and "public monies" mean any funds | ||||||
22 | received from: the federal government or any agency of the | ||||||
23 | federal government; any state government or any agency or | ||||||
24 | political subdivision of any state government; or the State | ||||||
25 | or any unit of local government. | ||||||
26 | (Source: P.A. 87-1.)
|
| |||||||
| |||||||
1 | Section 20. The Illinois Municipal Code is amended by | ||||||
2 | changing Sections 11-74.4-4 and 11-74.6-15 as follows:
| ||||||
3 | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
| ||||||
4 | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | ||||||
5 | project
areas. The changes made by this amendatory Act of the | ||||||
6 | 91st General Assembly
do not apply to a municipality that, (i) | ||||||
7 | before the effective date of this
amendatory Act of the 91st | ||||||
8 | General Assembly, has adopted an ordinance or
resolution fixing | ||||||
9 | a time and place for a
public hearing under Section 11-74.4-5 | ||||||
10 | or (ii) before July 1, 1999, has
adopted an ordinance or | ||||||
11 | resolution providing for a feasibility study under
Section | ||||||
12 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||
13 | redevelopment plans and redevelopment projects or designating
| ||||||
14 | redevelopment project areas under this Section, until after | ||||||
15 | that
municipality adopts an ordinance
approving redevelopment | ||||||
16 | plans and redevelopment projects or designating
redevelopment | ||||||
17 | project areas under this Section; thereafter the changes made | ||||||
18 | by
this amendatory Act of the 91st General Assembly apply to | ||||||
19 | the same extent that
they apply to
redevelopment plans and | ||||||
20 | redevelopment projects that were approved and
redevelopment | ||||||
21 | projects that were designated before the effective date of this
| ||||||
22 | amendatory Act of the 91st General Assembly.
| ||||||
23 | A municipality may: | ||||||
24 | (a) By ordinance introduced in the
governing body of the |
| |||||||
| |||||||
1 | municipality within 14 to 90 days from the completion
of the | ||||||
2 | hearing specified in Section 11-74.4-5
approve redevelopment | ||||||
3 | plans and redevelopment projects, and designate
redevelopment | ||||||
4 | project areas pursuant to notice and hearing required by this
| ||||||
5 | Act. No redevelopment project area shall be designated unless a | ||||||
6 | plan and
project are approved
prior to the designation of such | ||||||
7 | area and such area
shall include only those contiguous parcels | ||||||
8 | of real property and
improvements thereon substantially | ||||||
9 | benefited by the proposed redevelopment
project improvements.
| ||||||
10 | Upon adoption of the ordinances, the municipality shall | ||||||
11 | forthwith transmit to
the county clerk of the county or | ||||||
12 | counties within which the redevelopment
project area is located | ||||||
13 | a certified copy of the ordinances, a legal description
of the | ||||||
14 | redevelopment project area, a map of the redevelopment project | ||||||
15 | area,
identification of the year that the county clerk shall | ||||||
16 | use for determining the
total initial equalized assessed value | ||||||
17 | of the redevelopment project area
consistent with subsection | ||||||
18 | (a) of Section 11-74.4-9, and a
list of the parcel or tax | ||||||
19 | identification number of each parcel of property
included in | ||||||
20 | the redevelopment project area.
| ||||||
21 | (b) Make and enter into all contracts with property owners, | ||||||
22 | developers,
tenants, overlapping taxing bodies, and others | ||||||
23 | necessary or incidental to the
implementation and furtherance | ||||||
24 | of its redevelopment plan and project.
Contract provisions | ||||||
25 | concerning loan repayment obligations in contracts
entered | ||||||
26 | into on or after the effective date of this amendatory Act
of
|
| |||||||
| |||||||
1 | the 93rd
General Assembly shall terminate no later than the | ||||||
2 | last to occur of the
estimated dates of
completion of the
| ||||||
3 | redevelopment project and retirement of the obligations issued | ||||||
4 | to finance
redevelopment
project costs as required by item (3) | ||||||
5 | of subsection (n) of Section 11-74.4-3.
Payments received under
| ||||||
6 | contracts entered
into by the
municipality prior to the | ||||||
7 | effective date of this amendatory Act of the 93rd
General
| ||||||
8 | Assembly that are received after the redevelopment project area | ||||||
9 | has been
terminated by
municipal ordinance shall be deposited | ||||||
10 | into a special fund of the municipality
to be used
for other | ||||||
11 | community redevelopment needs within the redevelopment project
| ||||||
12 | area.
| ||||||
13 | (c) Within a redevelopment project area, acquire by | ||||||
14 | purchase, donation,
lease or
eminent domain; own, convey, | ||||||
15 | lease, mortgage or dispose of land
and other property, real or | ||||||
16 | personal, or rights or interests therein, and
grant or acquire | ||||||
17 | licenses, easements and options with respect thereto, all
in | ||||||
18 | the manner and at such price the municipality determines is | ||||||
19 | reasonably
necessary to achieve the objectives of the | ||||||
20 | redevelopment plan and project.
No conveyance, lease, | ||||||
21 | mortgage, disposition of land or other property owned
by a | ||||||
22 | municipality, or
agreement relating to the development of such | ||||||
23 | municipal property
shall be
made except
upon the adoption of an | ||||||
24 | ordinance by the corporate authorities of the
municipality. | ||||||
25 | Furthermore, no conveyance, lease, mortgage, or other
| ||||||
26 | disposition of land owned by a municipality or agreement |
| |||||||
| |||||||
1 | relating to the
development of such municipal property
shall be | ||||||
2 | made without making public disclosure of the terms of the
| ||||||
3 | disposition and all bids and proposals made in response to the
| ||||||
4 | municipality's request. The procedures for obtaining such bids | ||||||
5 | and
proposals shall provide reasonable opportunity for any | ||||||
6 | person to submit
alternative proposals or bids.
| ||||||
7 | (d) Within a redevelopment project area, clear any area by
| ||||||
8 | demolition or removal of any existing buildings and structures.
| ||||||
9 | (e) Within a redevelopment project area, renovate or | ||||||
10 | rehabilitate or
construct any structure or building, as | ||||||
11 | permitted under this Act.
| ||||||
12 | (f) Install, repair, construct, reconstruct or relocate | ||||||
13 | streets, utilities
and site improvements essential to the | ||||||
14 | preparation of the redevelopment
area for use in accordance | ||||||
15 | with a redevelopment plan.
| ||||||
16 | (g) Within a redevelopment project area, fix, charge and | ||||||
17 | collect fees,
rents and charges for the use of any building or | ||||||
18 | property owned or leased
by it or any part thereof, or facility | ||||||
19 | therein.
| ||||||
20 | (h) Accept grants, guarantees and donations of property, | ||||||
21 | labor, or other
things of value from a public or private source | ||||||
22 | for use within a project
redevelopment area.
| ||||||
23 | (i) Acquire and construct public facilities within a | ||||||
24 | redevelopment project
area, as permitted under this Act.
| ||||||
25 | (j) Incur project redevelopment costs and reimburse | ||||||
26 | developers who incur
redevelopment project costs authorized by |
| |||||||
| |||||||
1 | a redevelopment agreement; provided,
however, that on and
after | ||||||
2 | the effective date of this amendatory
Act of the 91st General | ||||||
3 | Assembly, no municipality shall incur redevelopment
project | ||||||
4 | costs (except for planning costs and any other eligible costs
| ||||||
5 | authorized by municipal ordinance or resolution that are | ||||||
6 | subsequently included
in the
redevelopment plan for the area | ||||||
7 | and are incurred by the municipality after the
ordinance or | ||||||
8 | resolution is adopted)
that are
not consistent with the program | ||||||
9 | for
accomplishing the objectives of the
redevelopment plan as | ||||||
10 | included in that plan and approved by the
municipality until | ||||||
11 | the municipality has amended
the redevelopment plan as provided | ||||||
12 | elsewhere in this Act.
| ||||||
13 | (k) Create a commission of not less than 5 or more than 15 | ||||||
14 | persons to
be appointed by the mayor or president of the | ||||||
15 | municipality with the consent
of the majority of the governing | ||||||
16 | board of the municipality. Members of a
commission appointed | ||||||
17 | after the effective date of this amendatory Act of
1987 shall | ||||||
18 | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
| ||||||
19 | respectively, in such numbers as to provide that the terms of | ||||||
20 | not more than
1/3 of all such members shall expire in any one | ||||||
21 | year. Their successors
shall be appointed for a term of 5 | ||||||
22 | years. The commission, subject to
approval of the corporate | ||||||
23 | authorities may exercise the powers enumerated in
this Section. | ||||||
24 | The commission shall also have the power to hold the public
| ||||||
25 | hearings required by this division and make recommendations to | ||||||
26 | the
corporate authorities concerning the adoption of |
| |||||||
| |||||||
1 | redevelopment plans,
redevelopment projects and designation of | ||||||
2 | redevelopment project areas.
| ||||||
3 | When a commission created under this subsection (k) | ||||||
4 | receives any public funds or public monies, its board shall | ||||||
5 | include not less than 2 members of a labor council or councils | ||||||
6 | and not less than: (i) 2 members from 2 separate minority | ||||||
7 | groups, or (ii) one member who is a woman and one member from a | ||||||
8 | minority group. The labor council or councils shall represent: | ||||||
9 | (A) employees in the construction trades; and (B) employees in | ||||||
10 | the public and private sector. The labor council, women, and | ||||||
11 | minority group members shall be full commission members with | ||||||
12 | all rights and privileges and shall not be compensated. No | ||||||
13 | membership fees, dues, or assessments shall be required of any | ||||||
14 | commission member. | ||||||
15 | For purposes of this subsection: | ||||||
16 | "Labor council" means any organization representing | ||||||
17 | multiple entities who are monitoring or attentive to | ||||||
18 | compliance with public or workers' safety laws, wage and | ||||||
19 | hour requirements, making or maintaining collective | ||||||
20 | bargaining agreements, or other statutory requirements. | ||||||
21 | "Minority group" means a group that is a readily | ||||||
22 | identifiable subset of the U.S. population and that is made | ||||||
23 | up of persons who are any of the following: | ||||||
24 | (i) American Indian or Alaska Native (a person | ||||||
25 | having origins in any of the original peoples of North | ||||||
26 | and South America, including Central America, and who |
| |||||||
| |||||||
1 | maintains tribal affiliation or community attachment). | ||||||
2 | (ii) Asian (a person having origins in any of the | ||||||
3 | original peoples of the Far East, Southeast Asia, or | ||||||
4 | the Indian subcontinent, including, but not limited | ||||||
5 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
6 | Pakistan, the Philippine Islands, Thailand, and | ||||||
7 | Vietnam). | ||||||
8 | (iii) Black or African American (a person having | ||||||
9 | origins in any of the black racial groups of Africa). | ||||||
10 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
11 | Mexican, Puerto Rican, South or Central American, or | ||||||
12 | other Spanish culture or origin, regardless of race). | ||||||
13 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
16 | (vi) A woman. | ||||||
17 | "Public funds" and "public monies" mean any funds | ||||||
18 | received from: the federal government or any agency of the | ||||||
19 | federal government; any state government or any agency or | ||||||
20 | political subdivision of any state government; or the State | ||||||
21 | or any unit of local government. | ||||||
22 | (l) Make payment in lieu of taxes or a portion thereof to | ||||||
23 | taxing districts.
If payments in lieu of taxes or a portion | ||||||
24 | thereof are made to taxing districts,
those payments shall be | ||||||
25 | made to all districts within a project redevelopment
area on a | ||||||
26 | basis which is proportional to the current collections of |
| |||||||
| |||||||
1 | revenue
which each taxing district receives from real property | ||||||
2 | in the redevelopment
project area.
| ||||||
3 | (m) Exercise any and all other powers necessary to | ||||||
4 | effectuate the purposes
of this Act.
| ||||||
5 | (n) If any member of the corporate authority, a member of a | ||||||
6 | commission
established pursuant to Section 11-74.4-4(k) of | ||||||
7 | this Act, or an employee
or consultant of the municipality | ||||||
8 | involved in the planning and preparation
of a redevelopment | ||||||
9 | plan, or project for a redevelopment project area or
proposed | ||||||
10 | redevelopment project area, as defined in Sections | ||||||
11 | 11-74.4-3(i)
through (k) of this Act, owns or controls an | ||||||
12 | interest, direct or indirect,
in any property included in any | ||||||
13 | redevelopment area, or proposed
redevelopment area, he or she | ||||||
14 | shall disclose the same in writing to the
clerk of the | ||||||
15 | municipality, and shall also so disclose the dates and terms
| ||||||
16 | and conditions of any disposition of any such interest, which | ||||||
17 | disclosures
shall be acknowledged by the corporate authorities | ||||||
18 | and entered upon the
minute books of the corporate authorities. | ||||||
19 | If an individual
holds such an interest then that individual | ||||||
20 | shall refrain from any further
official involvement in regard | ||||||
21 | to such redevelopment plan, project or area,
from voting on any | ||||||
22 | matter pertaining to such redevelopment plan, project
or area, | ||||||
23 | or communicating with other members concerning corporate | ||||||
24 | authorities,
commission or employees concerning any matter | ||||||
25 | pertaining to said redevelopment
plan, project or area. | ||||||
26 | Furthermore, no such member or employee shall acquire
of any |
| |||||||
| |||||||
1 | interest direct, or indirect, in any property in a | ||||||
2 | redevelopment
area or proposed redevelopment area after either | ||||||
3 | (a) such individual obtains
knowledge of such plan, project or | ||||||
4 | area or (b) first public notice of such
plan, project or area | ||||||
5 | pursuant to Section 11-74.4-6 of this Division, whichever
| ||||||
6 | occurs first.
For the
purposes of this subsection, a property | ||||||
7 | interest
acquired in a
single parcel of property by a member of | ||||||
8 | the corporate authority, which
property
is used
exclusively as | ||||||
9 | the member's primary residence, shall not be deemed to
| ||||||
10 | constitute an
interest in any property included in a | ||||||
11 | redevelopment area or proposed
redevelopment area
that was | ||||||
12 | established before December 31, 1989, but the member must | ||||||
13 | disclose the
acquisition to the municipal clerk under the | ||||||
14 | provisions of this subsection.
A single property interest
| ||||||
15 | acquired within one year after the effective date of this | ||||||
16 | amendatory Act of the 94th General Assembly or 2 years after | ||||||
17 | the effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly by a member of the corporate authority does not
| ||||||
19 | constitute an
interest in any property included in any | ||||||
20 | redevelopment area or proposed
redevelopment area, regardless | ||||||
21 | of when the redevelopment area was established, if (i) the
| ||||||
22 | property
is used
exclusively as the member's primary residence, | ||||||
23 | (ii) the member discloses the acquisition to the municipal | ||||||
24 | clerk under the provisions of this subsection, (iii) the | ||||||
25 | acquisition is for fair market value, (iv) the member acquires | ||||||
26 | the property as a result of the property being publicly |
| |||||||
| |||||||
1 | advertised for sale, and (v) the member refrains from voting | ||||||
2 | on, and communicating with other members concerning, any matter | ||||||
3 | when the benefits to the redevelopment project or area would be | ||||||
4 | significantly greater than the benefits to the municipality as | ||||||
5 | a whole. For the purposes of this subsection, a month-to-month | ||||||
6 | leasehold interest
in a single parcel of property by a member | ||||||
7 | of the corporate authority
shall not be deemed to constitute an | ||||||
8 | interest in any property included in any
redevelopment area or | ||||||
9 | proposed redevelopment area, but the member must disclose
the | ||||||
10 | interest to the municipal clerk under the provisions of this | ||||||
11 | subsection.
| ||||||
12 | (o) Create a Tax Increment Economic Development Advisory | ||||||
13 | Committee to
be appointed by the Mayor or President of the | ||||||
14 | municipality with the consent
of the majority of the governing | ||||||
15 | board of the municipality, the members of
which Committee shall | ||||||
16 | be appointed for initial terms of 1, 2, 3, 4 and 5
years | ||||||
17 | respectively, in such numbers as to provide that the terms of | ||||||
18 | not
more than 1/3 of all such members shall expire in any one | ||||||
19 | year. Their
successors shall be appointed for a term of 5 | ||||||
20 | years. The Committee shall
have none of the powers enumerated | ||||||
21 | in this Section. The Committee shall
serve in an advisory | ||||||
22 | capacity only. The Committee may advise the governing
Board of | ||||||
23 | the municipality and other municipal officials regarding
| ||||||
24 | development issues and opportunities within the redevelopment | ||||||
25 | project area
or the area within the State Sales Tax Boundary. | ||||||
26 | The Committee may also
promote and publicize development |
| |||||||
| |||||||
1 | opportunities in the redevelopment
project area or the area | ||||||
2 | within the State Sales Tax Boundary.
| ||||||
3 | When a commission created under this subsection (o) | ||||||
4 | receives any public funds or public monies, its board shall | ||||||
5 | include not less than 2 members of a labor council or councils | ||||||
6 | and not less than: (i) 2 members from 2 separate minority | ||||||
7 | groups, or (ii) one member who is a woman and one member from a | ||||||
8 | minority group. The labor council or councils shall represent: | ||||||
9 | (A) employees in the construction trades; and (B) employees in | ||||||
10 | the public and private sector. The labor council, women, and | ||||||
11 | minority group members shall be full commission members with | ||||||
12 | all rights and privileges and shall not be compensated. No | ||||||
13 | membership fees, dues, or assessments shall be required of any | ||||||
14 | commission member. | ||||||
15 | For purposes of this subsection: | ||||||
16 | "Labor council" means any organization representing | ||||||
17 | multiple entities who are monitoring or attentive to | ||||||
18 | compliance with public or workers' safety laws, wage and | ||||||
19 | hour requirements, making or maintaining collective | ||||||
20 | bargaining agreements, or other statutory requirements. | ||||||
21 | "Minority group" means a group that is a readily | ||||||
22 | identifiable subset of the U.S. population and that is made | ||||||
23 | up of persons who are any of the following: | ||||||
24 | (i) American Indian or Alaska Native (a person | ||||||
25 | having origins in any of the original peoples of North | ||||||
26 | and South America, including Central America, and who |
| |||||||
| |||||||
1 | maintains tribal affiliation or community attachment). | ||||||
2 | (ii) Asian (a person having origins in any of the | ||||||
3 | original peoples of the Far East, Southeast Asia, or | ||||||
4 | the Indian subcontinent, including, but not limited | ||||||
5 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
6 | Pakistan, the Philippine Islands, Thailand, and | ||||||
7 | Vietnam). | ||||||
8 | (iii) Black or African American (a person having | ||||||
9 | origins in any of the black racial groups of Africa). | ||||||
10 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
11 | Mexican, Puerto Rican, South or Central American, or | ||||||
12 | other Spanish culture or origin, regardless of race). | ||||||
13 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
16 | (vi) A woman. | ||||||
17 | "Public funds" and "public monies" mean any funds | ||||||
18 | received from: the federal government or any agency of the | ||||||
19 | federal government; any state government or any agency or | ||||||
20 | political subdivision of any state government; or the State | ||||||
21 | or any unit of local government. | ||||||
22 | (p) Municipalities may jointly undertake and perform | ||||||
23 | redevelopment plans
and projects and utilize the provisions of | ||||||
24 | the Act wherever they have
contiguous redevelopment project | ||||||
25 | areas or they determine to adopt tax
increment financing with | ||||||
26 | respect to a redevelopment project area which
includes |
| |||||||
| |||||||
1 | contiguous real property within the boundaries of the
| ||||||
2 | municipalities, and in doing so, they may, by agreement between
| ||||||
3 | municipalities, issue obligations, separately or jointly, and | ||||||
4 | expend
revenues received under the Act for eligible expenses | ||||||
5 | anywhere within
contiguous redevelopment project areas or as | ||||||
6 | otherwise permitted in the Act.
| ||||||
7 | (q) Utilize revenues, other than State sales tax increment | ||||||
8 | revenues,
received under this Act from one redevelopment | ||||||
9 | project area for
eligible
costs in another redevelopment | ||||||
10 | project area that is:
| ||||||
11 | (i) contiguous to the redevelopment project area from | ||||||
12 | which the revenues are received; | ||||||
13 | (ii) separated only by a public right of way from the | ||||||
14 | redevelopment project area from which the revenues are | ||||||
15 | received; or | ||||||
16 | (iii) separated only by forest preserve property from | ||||||
17 | the redevelopment project
area from which the revenues are | ||||||
18 | received if the closest boundaries of the redevelopment | ||||||
19 | project areas that are separated by the forest preserve | ||||||
20 | property are less than one mile apart.
| ||||||
21 | Utilize tax increment revenues for eligible costs that are | ||||||
22 | received from a
redevelopment project area created under the | ||||||
23 | Industrial Jobs Recovery Law that
is either contiguous to, or | ||||||
24 | is separated only by a public right of way from,
the | ||||||
25 | redevelopment project area created under this Act which | ||||||
26 | initially receives
these revenues. Utilize revenues, other |
| |||||||
| |||||||
1 | than State sales tax increment
revenues, by transferring or | ||||||
2 | loaning such revenues to a redevelopment project
area created | ||||||
3 | under the Industrial Jobs Recovery Law that is either | ||||||
4 | contiguous
to, or separated only by a public right of way from | ||||||
5 | the redevelopment project
area that initially produced and | ||||||
6 | received those revenues; and, if the
redevelopment
project area | ||||||
7 | (i) was established before the effective date of this | ||||||
8 | amendatory
Act of the 91st General Assembly and (ii) is located | ||||||
9 | within a municipality with
a population of more than 100,000,
| ||||||
10 | utilize revenues or proceeds of obligations authorized by | ||||||
11 | Section 11-74.4-7 of
this
Act, other than use or occupation tax | ||||||
12 | revenues, to pay for any redevelopment
project costs as defined | ||||||
13 | by subsection (q) of Section 11-74.4-3 to the extent
that the | ||||||
14 | redevelopment project costs involve public property that is | ||||||
15 | either
contiguous to, or separated only by a public right of | ||||||
16 | way from, a redevelopment
project area whether or not | ||||||
17 | redevelopment project costs or the source of
payment for the | ||||||
18 | costs are specifically set forth in the redevelopment plan for
| ||||||
19 | the redevelopment project area.
| ||||||
20 | (r) If no redevelopment project has been initiated in a
| ||||||
21 | redevelopment
project area within 7 years after the area was | ||||||
22 | designated by ordinance under
subsection (a), the municipality | ||||||
23 | shall adopt an ordinance repealing the area's
designation as a | ||||||
24 | redevelopment project area; provided, however, that if an area
| ||||||
25 | received its
designation more than 3 years before the effective | ||||||
26 | date of this amendatory Act
of 1994 and no redevelopment |
| |||||||
| |||||||
1 | project has been initiated
within 4 years after the effective | ||||||
2 | date of this amendatory Act of 1994, the
municipality shall | ||||||
3 | adopt an ordinance repealing its designation as a
redevelopment | ||||||
4 | project area. Initiation of a redevelopment project shall be
| ||||||
5 | evidenced by either a signed redevelopment agreement or | ||||||
6 | expenditures on
eligible redevelopment project costs | ||||||
7 | associated with a redevelopment project. | ||||||
8 | Notwithstanding any other provision of this Section to the | ||||||
9 | contrary, with respect to a redevelopment project area | ||||||
10 | designated by an ordinance that was adopted on July 29, 1998 by | ||||||
11 | the City of Chicago, the City of Chicago shall adopt an | ||||||
12 | ordinance repealing the area's designation as a redevelopment | ||||||
13 | project area if no redevelopment project has been initiated in | ||||||
14 | the redevelopment project area within 15 years after the | ||||||
15 | designation of the area. The City of Chicago may retroactively | ||||||
16 | repeal any ordinance adopted by the City of Chicago, pursuant | ||||||
17 | to this subsection (r), that repealed the designation of a | ||||||
18 | redevelopment project area designated by an ordinance that was | ||||||
19 | adopted by the City of Chicago on July 29, 1998. The City of | ||||||
20 | Chicago has 90 days after the effective date of this amendatory | ||||||
21 | Act to repeal the ordinance. The changes to this Section made | ||||||
22 | by this amendatory Act of the 96th General Assembly apply | ||||||
23 | retroactively to July 27, 2005.
| ||||||
24 | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
| ||||||
25 | (65 ILCS 5/11-74.6-15)
|
| |||||||
| |||||||
1 | Sec. 11-74.6-15. Municipal Powers and Duties. A | ||||||
2 | municipality may:
| ||||||
3 | (a) By ordinance introduced in the governing body of the | ||||||
4 | municipality
within 14 to 90 days from the final adjournment of | ||||||
5 | the hearing specified in
Section 11-74.6-22, approve | ||||||
6 | redevelopment plans and redevelopment
projects, and designate | ||||||
7 | redevelopment planning areas and redevelopment project
areas | ||||||
8 | pursuant to notice and
hearing required by this Act. No | ||||||
9 | redevelopment planning area or redevelopment
project area | ||||||
10 | shall be
designated unless a plan and project are approved | ||||||
11 | before the designation of
the area and the area shall include | ||||||
12 | only those parcels of real
property and improvements on those | ||||||
13 | parcels substantially benefited by the
proposed redevelopment | ||||||
14 | project improvements.
Upon adoption of the ordinances, the | ||||||
15 | municipality shall forthwith transmit to
the county clerk of | ||||||
16 | the county or counties within which the redevelopment
project | ||||||
17 | area is located a certified copy of the ordinances, a legal | ||||||
18 | description
of the redevelopment project area, a map of the | ||||||
19 | redevelopment project area,
identification of the year that the | ||||||
20 | county clerk shall use for determining the
total initial | ||||||
21 | equalized assessed value of the redevelopment project area
| ||||||
22 | consistent with subsection (a) of Section 11-74.6-40, and a
| ||||||
23 | list of the parcel or tax identification number of each parcel | ||||||
24 | of property
included in the redevelopment project area.
| ||||||
25 | (b) Make and enter into all contracts necessary or | ||||||
26 | incidental to the
implementation and furtherance of its |
| |||||||
| |||||||
1 | redevelopment plan and project.
| ||||||
2 | (c) Within a redevelopment project area, acquire by | ||||||
3 | purchase,
donation, lease or eminent domain; own, convey, | ||||||
4 | lease, mortgage or
dispose of land and other property, real or | ||||||
5 | personal, or rights or
interests therein, and grant or acquire | ||||||
6 | licenses, easements and options
with respect to that property, | ||||||
7 | all in the manner and at a price that the
municipality | ||||||
8 | determines is reasonably necessary to achieve the objectives
of | ||||||
9 | the redevelopment plan and project. No conveyance, lease, | ||||||
10 | mortgage,
disposition of land or other property owned by a | ||||||
11 | municipality, or agreement
relating to the
development of the | ||||||
12 | municipal property shall be made or executed except
pursuant to | ||||||
13 | prior official action of the corporate authorities of the
| ||||||
14 | municipality. No conveyance,
lease, mortgage, or other | ||||||
15 | disposition of land owned by a municipality, and
no agreement | ||||||
16 | relating to the
development of the municipal property, shall be | ||||||
17 | made without making public
disclosure of
the terms and the | ||||||
18 | disposition of all bids and proposals submitted to the
| ||||||
19 | municipality in connection therewith. The procedures for | ||||||
20 | obtaining the bids
and proposals
shall provide reasonable | ||||||
21 | opportunity for any person to submit alternative
proposals
or | ||||||
22 | bids.
| ||||||
23 | (d) Within a redevelopment project area, clear any area by
| ||||||
24 | demolition or removal of any existing buildings, structures, | ||||||
25 | fixtures,
utilities or improvements, and to clear and grade | ||||||
26 | land.
|
| |||||||
| |||||||
1 | (e) Within a redevelopment project area, renovate or | ||||||
2 | rehabilitate or
construct any structure or building, as | ||||||
3 | permitted under this Law.
| ||||||
4 | (f) Within or without a redevelopment project area, | ||||||
5 | install, repair,
construct, reconstruct or relocate streets,
| ||||||
6 | utilities and site improvements essential to the preparation of | ||||||
7 | the
redevelopment area for use in accordance with a | ||||||
8 | redevelopment plan.
| ||||||
9 | (g) Within a redevelopment project area, fix, charge and | ||||||
10 | collect fees,
rents and charges for the use of all or any part | ||||||
11 | of any building or
property owned or leased by it.
| ||||||
12 | (h) Issue obligations as provided in this Act.
| ||||||
13 | (i) Accept grants, guarantees and donations of property, | ||||||
14 | labor, or other
things of value from a public or private source | ||||||
15 | for use within a project
redevelopment area.
| ||||||
16 | (j) Acquire and construct public facilities within a | ||||||
17 | redevelopment
project area, as permitted under this Law.
| ||||||
18 | (k) Incur, pay or cause to be paid redevelopment project | ||||||
19 | costs; provided,
however,
that on and
after the effective date | ||||||
20 | of this amendatory
Act of the 91st General Assembly, no | ||||||
21 | municipality shall incur redevelopment
project costs (except
| ||||||
22 | for planning and other eligible costs authorized by municipal | ||||||
23 | ordinance or
resolution that are subsequently included in the | ||||||
24 | redevelopment plan for the
area and are incurred after the | ||||||
25 | ordinance or resolution is adopted) that are
not consistent | ||||||
26 | with the program for
accomplishing the objectives of the
|
| |||||||
| |||||||
1 | redevelopment plan as included in that plan and approved by the
| ||||||
2 | municipality until the municipality has amended
the | ||||||
3 | redevelopment plan as provided elsewhere in this Law.
Any | ||||||
4 | payments to be made by the municipality to redevelopers or | ||||||
5 | other
nongovernmental persons for redevelopment project costs | ||||||
6 | incurred by
such redeveloper or other nongovernmental person | ||||||
7 | shall be made only pursuant
to the prior official action of the | ||||||
8 | municipality evidencing an intent to
pay or cause to be paid | ||||||
9 | such redevelopment project costs. A
municipality is not | ||||||
10 | required to obtain any right, title or interest in any
real or | ||||||
11 | personal property in order to pay redevelopment project
costs | ||||||
12 | associated with such property. The municipality shall adopt | ||||||
13 | such
accounting procedures as may be necessary to determine | ||||||
14 | that such redevelopment
project costs are properly paid.
| ||||||
15 | (l) Create a commission of not less than 5 or more than 15 | ||||||
16 | persons to
be appointed by the mayor or president of the | ||||||
17 | municipality with the consent
of the majority of the governing | ||||||
18 | board of the municipality. Members of a
commission appointed | ||||||
19 | after the effective date of this Law
shall be appointed for | ||||||
20 | initial terms of 1, 2, 3, 4 and 5 years,
respectively, in | ||||||
21 | numbers so that the terms of not more than
1/3 of all members | ||||||
22 | expire in any one year. Their successors
shall be appointed for | ||||||
23 | a term of 5 years. The commission, subject to
approval of the | ||||||
24 | corporate authorities of the municipality, may exercise the
| ||||||
25 | powers enumerated in this Section. The commission shall also | ||||||
26 | have the power
to hold the public hearings required by this Act |
| |||||||
| |||||||
1 | and make recommendations
to the corporate authorities | ||||||
2 | concerning the adoption of redevelopment
plans, redevelopment | ||||||
3 | projects and designation of redevelopment project areas.
| ||||||
4 | When a commission created under this subsection (l) | ||||||
5 | receives any public funds or public monies, its board shall | ||||||
6 | include not less than 2 members of a labor council or councils | ||||||
7 | and not less than: (i) 2 members from 2 separate minority | ||||||
8 | groups, or (ii) one member who is a woman and one member from a | ||||||
9 | minority group. The labor council or councils shall represent: | ||||||
10 | (A) employees in the construction trades; and (B) employees in | ||||||
11 | the public and private sector. The labor council, women, and | ||||||
12 | minority group members shall be full commission members with | ||||||
13 | all rights and privileges and shall not be compensated. No | ||||||
14 | membership fees, dues, or assessments shall be required of any | ||||||
15 | commission member. | ||||||
16 | For purposes of this subsection: | ||||||
17 | "Labor council" means any organization representing | ||||||
18 | multiple entities who are monitoring or attentive to | ||||||
19 | compliance with public or workers' safety laws, wage and | ||||||
20 | hour requirements, making or maintaining collective | ||||||
21 | bargaining agreements, or other statutory requirements. | ||||||
22 | "Minority group" means a group that is a readily | ||||||
23 | identifiable subset of the U.S. population and that is made | ||||||
24 | up of persons who are any of the following: | ||||||
25 | (i) American Indian or Alaska Native (a person | ||||||
26 | having origins in any of the original peoples of North |
| |||||||
| |||||||
1 | and South America, including Central America, and who | ||||||
2 | maintains tribal affiliation or community attachment). | ||||||
3 | (ii) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or | ||||||
5 | the Indian subcontinent, including, but not limited | ||||||
6 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
7 | Pakistan, the Philippine Islands, Thailand, and | ||||||
8 | Vietnam). | ||||||
9 | (iii) Black or African American (a person having | ||||||
10 | origins in any of the black racial groups of Africa). | ||||||
11 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
12 | Mexican, Puerto Rican, South or Central American, or | ||||||
13 | other Spanish culture or origin, regardless of race). | ||||||
14 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
15 | person having origins in any of the original peoples of | ||||||
16 | Hawaii, Guam, Samoa, or other Pacific Islands). | ||||||
17 | (vi) A woman. | ||||||
18 | "Public funds" and "public monies" mean any funds | ||||||
19 | received from: the federal government or any agency of the | ||||||
20 | federal government; any state government or any agency or | ||||||
21 | political subdivision of any state government; or the State | ||||||
22 | or any unit of local government. | ||||||
23 | (m) Make payment in lieu of all or a portion of real | ||||||
24 | property taxes due
to taxing districts. If payments in lieu of | ||||||
25 | all or a portion of taxes are
made to taxing districts, those | ||||||
26 | payments shall be made to all districts
within a redevelopment |
| |||||||
| |||||||
1 | project area on a basis that is proportional to the
current | ||||||
2 | collection of revenue which each taxing district receives from | ||||||
3 | real
property in the redevelopment project area.
| ||||||
4 | (n) Exercise any and all other powers necessary to | ||||||
5 | effectuate the
purposes of this Act.
| ||||||
6 | (o) In conjunction with other municipalities, undertake | ||||||
7 | and perform
redevelopment plans and projects and utilize the | ||||||
8 | provisions of the Act
wherever they have contiguous | ||||||
9 | redevelopment project areas or they determine
to adopt tax | ||||||
10 | increment allocation financing with respect to a redevelopment
| ||||||
11 | project area that includes contiguous real property within the | ||||||
12 | boundaries
of the municipalities, and, by agreement between | ||||||
13 | participating
municipalities, to issue obligations, separately | ||||||
14 | or jointly, and expend
revenues received under this Act for | ||||||
15 | eligible expenses anywhere within
contiguous redevelopment | ||||||
16 | project areas or as otherwise permitted in the Act. Two or more | ||||||
17 | municipalities may designate a joint redevelopment project | ||||||
18 | area under this subsection (o) for a single Industrial Park | ||||||
19 | Conservation Area comprising of property within or near the | ||||||
20 | boundaries of each municipality if: (i) both municipalities are | ||||||
21 | located within the same Metropolitan Statistical Area, as | ||||||
22 | defined by the United States Office of Management and Budget, | ||||||
23 | (ii) the 4-year average unemployment rate for that Metropolitan | ||||||
24 | Statistical Area was at least 11.3%, and (iii) at least one | ||||||
25 | participating municipality demonstrates that it has made | ||||||
26 | commitments to acquire capital assets to commence the project |
| |||||||
| |||||||
1 | and that the acquisition will occur on or before December 31, | ||||||
2 | 2011. The joint redevelopment project area must encompass an | ||||||
3 | interstate highway exchange for access and be located, in part, | ||||||
4 | adjacent to a landfill or other solid waste disposal facility.
| ||||||
5 | (p) Create an Industrial Jobs Recovery Advisory Committee | ||||||
6 | of not more
than 15 members to be appointed by the mayor or | ||||||
7 | president of the
municipality with the consent of the majority | ||||||
8 | of the governing board of the
municipality. The members of that | ||||||
9 | Committee shall be appointed for initial
terms of 1, 2, and 3 | ||||||
10 | years respectively, in numbers so that the terms of
not more | ||||||
11 | than 1/3 of all members expire in any one year. Their | ||||||
12 | successors
shall be appointed for a term of 3 years. The | ||||||
13 | Committee shall have none of
the powers enumerated in this | ||||||
14 | Section. The Committee shall serve in an
advisory capacity | ||||||
15 | only. The Committee may advise the governing board of
the | ||||||
16 | municipality and other municipal officials regarding | ||||||
17 | development issues
and opportunities within the redevelopment | ||||||
18 | project area. The Committee may
also promote and publicize | ||||||
19 | development opportunities in the redevelopment
project area.
| ||||||
20 | (q) If a redevelopment project has not been initiated in a | ||||||
21 | redevelopment
project area within 5 years after the area was | ||||||
22 | designated by ordinance under
subsection (a), the municipality | ||||||
23 | shall adopt an ordinance repealing the area's
designation as a | ||||||
24 | redevelopment project area. Initiation of a redevelopment
| ||||||
25 | project shall be evidenced by either a signed redevelopment | ||||||
26 | agreement or
expenditures on eligible redevelopment project |
| |||||||
| |||||||
1 | costs associated with a
redevelopment project.
| ||||||
2 | (r) Within a redevelopment planning area, transfer or loan | ||||||
3 | tax increment
revenues from one redevelopment project area to | ||||||
4 | another redevelopment project
area for expenditure on eligible | ||||||
5 | costs in the receiving area.
| ||||||
6 | (s) Use tax increment revenue produced in a redevelopment | ||||||
7 | project area
created under this Law by transferring or loaning | ||||||
8 | such revenues to a
redevelopment project area created under the | ||||||
9 | Tax Increment Allocation
Redevelopment Act that is either | ||||||
10 | contiguous to, or separated only by a public
right of way from, | ||||||
11 | the redevelopment project area that initially produced and
| ||||||
12 | received those revenues.
| ||||||
13 | (t) The estimated dates of completion of the redevelopment | ||||||
14 | project and retirement of obligations issued to finance | ||||||
15 | redevelopment project costs (including refunding bonds under | ||||||
16 | Section 11-74.6-30) may not be later than December 31 of the | ||||||
17 | year in which the payment to the municipal treasurer as | ||||||
18 | provided in subsection (b) of Section 11-74.6-35 of this Act is | ||||||
19 | to be made with respect to ad valorem taxes levied in the 35th | ||||||
20 | calendar year after the year in which the ordinance approving | ||||||
21 | the redevelopment project area was adopted if the ordinance was | ||||||
22 | adopted on September 23, 1997 by the City of Granite City. | ||||||
23 | (Source: P.A. 99-263, eff. 8-4-15.)
| ||||||
24 | Section 25. The Economic Development Project Area Tax | ||||||
25 | Increment Allocation Act of
1995 is amended by changing Section |
| |||||||
| |||||||
1 | 60 as follows:
| ||||||
2 | (65 ILCS 110/60)
| ||||||
3 | Sec. 60. Powers of municipalities; economic development | ||||||
4 | project area
commissions. In addition to powers that it may now | ||||||
5 | have, a municipality has
the following powers under this Act:
| ||||||
6 | (1) To make and enter into all contracts necessary or | ||||||
7 | incidental to the
implementation and furtherance of an economic | ||||||
8 | development plan.
| ||||||
9 | (2) Within an economic development project area, to acquire | ||||||
10 | by purchase,
donation, lease, or eminent domain and to own, | ||||||
11 | convey, lease, mortgage, or
dispose of land and other real or | ||||||
12 | personal property or rights or interests in
property and to | ||||||
13 | grant or acquire licenses, easements, and options with respect
| ||||||
14 | to property, all in the manner and at a price the municipality | ||||||
15 | determines is
reasonably necessary to achieve the objectives of | ||||||
16 | the economic development
project. No conveyance, lease, | ||||||
17 | mortgage, disposition of land, or agreement
relating to the | ||||||
18 | development of property shall be made or executed except
| ||||||
19 | pursuant to prior official action of the municipality. No | ||||||
20 | conveyance, lease,
mortgage, or other disposition of land in | ||||||
21 | furtherance of an economic
development project, and no | ||||||
22 | agreement relating to the development of property
in | ||||||
23 | furtherance of an economic development project, shall be made | ||||||
24 | without making
public disclosure of the terms and disposition | ||||||
25 | of all bids and proposals
submitted to the municipality in |
| |||||||
| |||||||
1 | connection with that action.
| ||||||
2 | (3) To clear any area within an economic development | ||||||
3 | project area by
demolition or removal of any existing | ||||||
4 | buildings, structures, fixtures,
utilities, or improvements | ||||||
5 | and to clear and grade land.
| ||||||
6 | (4) To install, repair, construct, reconstruct, extend or | ||||||
7 | relocate public
streets, public utilities, and other public | ||||||
8 | site improvements located outside
the boundaries of an economic | ||||||
9 | development project area that are essential to
the preparation | ||||||
10 | of an economic development project area for use in accordance
| ||||||
11 | with an economic development plan.
| ||||||
12 | (5) To renovate, rehabilitate, reconstruct, relocate, | ||||||
13 | repair, or remodel any
existing buildings, improvements, and | ||||||
14 | fixtures within an economic development
project area.
| ||||||
15 | (6) To install or construct any buildings, structures, | ||||||
16 | works, streets,
improvements, utilities, or fixtures within an | ||||||
17 | economic development project
area.
| ||||||
18 | (7) To issue obligations as provided in this Act.
| ||||||
19 | (8) To fix, charge, and collect fees, rents, and charges | ||||||
20 | for the use of any
building, facility, or property or any | ||||||
21 | portion of a building, facility, or
property owned or leased by | ||||||
22 | the municipality in furtherance of an economic
development | ||||||
23 | project under this Act within an economic development project | ||||||
24 | area.
| ||||||
25 | (9) To accept grants, guarantees, donations of property or | ||||||
26 | labor, or any
other thing of value for use in connection with |
| |||||||
| |||||||
1 | an economic development
project.
| ||||||
2 | (10) To pay or cause to be paid economic development | ||||||
3 | project costs,
including, specifically, to reimburse any | ||||||
4 | developer or nongovernmental person
for economic development | ||||||
5 | project costs incurred by that person. Any payments
to be made | ||||||
6 | by a municipality to developers or other nongovernmental | ||||||
7 | persons for
economic development project costs incurred by the | ||||||
8 | developer or other
nongovernmental person shall be made only | ||||||
9 | pursuant to the prior official action
of the municipality | ||||||
10 | evidencing an intent to pay or cause to be paid those
economic | ||||||
11 | development costs. A municipality is not required
to obtain any | ||||||
12 | right, title, or interest in any real or personal property in
| ||||||
13 | order to pay economic development project costs associated with | ||||||
14 | the property.
The municipality shall adopt accounting | ||||||
15 | procedures necessary to determine that
the economic | ||||||
16 | development project costs are properly paid.
| ||||||
17 | (11) To utilize revenues received under this Act from one | ||||||
18 | economic
development project area for economic development | ||||||
19 | project costs in another
economic development project area that | ||||||
20 | is either contiguous to, or is separated
only by a public | ||||||
21 | right-of-way from, the economic development project area from
| ||||||
22 | which the revenues are received.
| ||||||
23 | (12) To exercise any and all other powers necessary to | ||||||
24 | effectuate the
purposes of this Act.
| ||||||
25 | (13) To create a commission of not less than 5 or more than | ||||||
26 | 15 persons to be
appointed by the corporate authorities of the |
| |||||||
| |||||||
1 | municipality. Members of a
commission shall be appointed for | ||||||
2 | initial terms of 1, 2, 3, 4, and 5 years,
respectively, in | ||||||
3 | numbers to provide that the terms of not more than one-third
of | ||||||
4 | all the members shall expire in any one year. Their successors | ||||||
5 | shall be
appointed for a term of 5 years. The commission, | ||||||
6 | subject to approval of the
corporate authorities, may exercise | ||||||
7 | the powers enumerated in this Section. The
commission also may | ||||||
8 | hold the public hearings required by this Act and make
| ||||||
9 | recommendations to the corporate authorities concerning the | ||||||
10 | approval of
economic development plans, the establishment of | ||||||
11 | economic development project
areas, and the adoption of tax | ||||||
12 | increment allocation financing for economic
development | ||||||
13 | project areas.
| ||||||
14 | When a commission created under this paragraph (13) | ||||||
15 | receives any public funds or public monies, its board shall | ||||||
16 | include not less than 2 members of a labor council or councils | ||||||
17 | and not less than: (i) 2 members from 2 separate minority | ||||||
18 | groups, or (ii) one member who is a woman and one member from a | ||||||
19 | minority group. The labor council or councils shall represent: | ||||||
20 | (A) employees in the construction trades; and (B) employees in | ||||||
21 | the public and private sector. The labor council, women, and | ||||||
22 | minority group members shall be full commission members with | ||||||
23 | all rights and privileges and shall not be compensated. No | ||||||
24 | membership fees, dues, or assessments shall be required of any | ||||||
25 | commission member. | ||||||
26 | For purposes of this paragraph: |
| |||||||
| |||||||
1 | "Labor council" means any organization representing | ||||||
2 | multiple entities who are monitoring or attentive to | ||||||
3 | compliance with public or workers' safety laws, wage and | ||||||
4 | hour requirements, making or maintaining collective | ||||||
5 | bargaining agreements, or other statutory requirements. | ||||||
6 | "Minority group" means a group that is a readily | ||||||
7 | identifiable subset of the U.S. population and that is made | ||||||
8 | up of persons who are any of the following: | ||||||
9 | (i) American Indian or Alaska Native (a person | ||||||
10 | having origins in any of the original peoples of North | ||||||
11 | and South America, including Central America, and who | ||||||
12 | maintains tribal affiliation or community attachment). | ||||||
13 | (ii) Asian (a person having origins in any of the | ||||||
14 | original peoples of the Far East, Southeast Asia, or | ||||||
15 | the Indian subcontinent, including, but not limited | ||||||
16 | to, Cambodia, China, India, Japan, Korea, Malaysia, | ||||||
17 | Pakistan, the Philippine Islands, Thailand, and | ||||||
18 | Vietnam). | ||||||
19 | (iii) Black or African American (a person having | ||||||
20 | origins in any of the black racial groups of Africa). | ||||||
21 | (iv) Hispanic or Latino (a person of Cuban, | ||||||
22 | Mexican, Puerto Rican, South or Central American, or | ||||||
23 | other Spanish culture or origin, regardless of race). | ||||||
24 | (v) Native Hawaiian or Other Pacific Islander (a | ||||||
25 | person having origins in any of the original peoples of | ||||||
26 | Hawaii, Guam, Samoa, or other Pacific Islands). |
| |||||||
| |||||||
1 | (vi) A woman. | ||||||
2 | "Public funds" and "public monies" mean any funds | ||||||
3 | received from: the federal government or any agency of the | ||||||
4 | federal government; any state government or any agency or | ||||||
5 | political subdivision of any state government; or the State | ||||||
6 | or any unit of local government. | ||||||
7 | (Source: P.A. 89-176, eff. 1-1-96.)
|