Bill Amendment: IL SB0368 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MUNI CD-ROSEMONT-TIF DISTRICT

Status: 2015-08-04 - Public Act . . . . . . . . . 99-0263 [SB0368 Detail]

Download: Illinois-2015-SB0368-House_Amendment_001.html

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Rep. Michael P. McAuliffe

Filed: 5/26/2015

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AMENDMENT TO SENATE BILL 368
AMENDMENT NO. ______. Amend Senate Bill 368, on page 1,
line 5, by replacing "Section 11-74.4-3.5" with "Sections
11-74.4-3.5 and 11-74.6-15"; and
on page 16, immediately after line 4, by inserting the
following:
"(65 ILCS 5/11-74.6-15)
Sec. 11-74.6-15. Municipal Powers and Duties. A
municipality may:
(a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the final adjournment of
the hearing specified in Section 11-74.6-22, approve
redevelopment plans and redevelopment projects, and designate
redevelopment planning areas and redevelopment project areas
pursuant to notice and hearing required by this Act. No
redevelopment planning area or redevelopment project area

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shall be designated unless a plan and project are approved
before the designation of the area and the area shall include
only those parcels of real property and improvements on those
parcels substantially benefited by the proposed redevelopment
project improvements. Upon adoption of the ordinances, the
municipality shall forthwith transmit to the county clerk of
the county or counties within which the redevelopment project
area is located a certified copy of the ordinances, a legal
description of the redevelopment project area, a map of the
redevelopment project area, identification of the year that the
county clerk shall use for determining the total initial
equalized assessed value of the redevelopment project area
consistent with subsection (a) of Section 11-74.6-40, and a
list of the parcel or tax identification number of each parcel
of property included in the redevelopment project area.
(b) Make and enter into all contracts necessary or
incidental to the implementation and furtherance of its
redevelopment plan and project.
(c) Within a redevelopment project area, acquire by
purchase, donation, lease or eminent domain; own, convey,
lease, mortgage or dispose of land and other property, real or
personal, or rights or interests therein, and grant or acquire
licenses, easements and options with respect to that property,
all in the manner and at a price that the municipality
determines is reasonably necessary to achieve the objectives of
the redevelopment plan and project. No conveyance, lease,

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mortgage, disposition of land or other property owned by a
municipality, or agreement relating to the development of the
municipal property shall be made or executed except pursuant to
prior official action of the corporate authorities of the
municipality. No conveyance, lease, mortgage, or other
disposition of land owned by a municipality, and no agreement
relating to the development of the municipal property, shall be
made without making public disclosure of the terms and the
disposition of all bids and proposals submitted to the
municipality in connection therewith. The procedures for
obtaining the bids and proposals shall provide reasonable
opportunity for any person to submit alternative proposals or
bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings, structures,
fixtures, utilities or improvements, and to clear and grade
land.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as
permitted under this Law.
(f) Within or without a redevelopment project area,
install, repair, construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of
the redevelopment area for use in accordance with a
redevelopment plan.
(g) Within a redevelopment project area, fix, charge and

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collect fees, rents and charges for the use of all or any part
of any building or property owned or leased by it.
(h) Issue obligations as provided in this Act.
(i) Accept grants, guarantees and donations of property,
labor, or other things of value from a public or private source
for use within a project redevelopment area.
(j) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Law.
(k) Incur, pay or cause to be paid redevelopment project
costs; provided, however, that on and after the effective date
of this amendatory Act of the 91st General Assembly, no
municipality shall incur redevelopment project costs (except
for planning and other eligible costs authorized by municipal
ordinance or resolution that are subsequently included in the
redevelopment plan for the area and are incurred after the
ordinance or resolution is adopted) that are not consistent
with the program for accomplishing the objectives of the
redevelopment plan as included in that plan and approved by the
municipality until the municipality has amended the
redevelopment plan as provided elsewhere in this Law. Any
payments to be made by the municipality to redevelopers or
other nongovernmental persons for redevelopment project costs
incurred by such redeveloper or other nongovernmental person
shall be made only pursuant to the prior official action of the
municipality evidencing an intent to pay or cause to be paid
such redevelopment project costs. A municipality is not

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required to obtain any right, title or interest in any real or
personal property in order to pay redevelopment project costs
associated with such property. The municipality shall adopt
such accounting procedures as may be necessary to determine
that such redevelopment project costs are properly paid.
(l) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing
board of the municipality. Members of a commission appointed
after the effective date of this Law shall be appointed for
initial terms of 1, 2, 3, 4 and 5 years, respectively, in
numbers so that the terms of not more than 1/3 of all members
expire in any one year. Their successors shall be appointed for
a term of 5 years. The commission, subject to approval of the
corporate authorities of the municipality, may exercise the
powers enumerated in this Section. The commission shall also
have the power to hold the public hearings required by this Act
and make recommendations to the corporate authorities
concerning the adoption of redevelopment plans, redevelopment
projects and designation of redevelopment project areas.
(m) Make payment in lieu of all or a portion of real
property taxes due to taxing districts. If payments in lieu of
all or a portion of taxes are made to taxing districts, those
payments shall be made to all districts within a redevelopment
project area on a basis that is proportional to the current
collection of revenue which each taxing district receives from

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real property in the redevelopment project area.
(n) Exercise any and all other powers necessary to
effectuate the purposes of this Act.
(o) In conjunction with other municipalities, undertake
and perform redevelopment plans and projects and utilize the
provisions of the Act wherever they have contiguous
redevelopment project areas or they determine to adopt tax
increment allocation financing with respect to a redevelopment
project area that includes contiguous real property within the
boundaries of the municipalities, and, by agreement between
participating municipalities, to issue obligations, separately
or jointly, and expend revenues received under this Act for
eligible expenses anywhere within contiguous redevelopment
project areas or as otherwise permitted in the Act. Two or more
municipalities may designate a joint redevelopment project
area under this subsection (o) for a single Industrial Park
Conservation Area comprising of property within or near the
boundaries of each municipality if: (i) both municipalities are
located within the same Metropolitan Statistical Area, as
defined by the United States Office of Management and Budget,
(ii) the 4-year average unemployment rate for that Metropolitan
Statistical Area was at least 11.3%, and (iii) at least one
participating municipality demonstrates that it has made
commitments to acquire capital assets to commence the project
and that the acquisition will occur on or before December 31,
2011. The joint redevelopment project area must encompass an

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interstate highway exchange for access and be located, in part,
adjacent to a landfill or other solid waste disposal facility.
(p) Create an Industrial Jobs Recovery Advisory Committee
of not more than 15 members to be appointed by the mayor or
president of the municipality with the consent of the majority
of the governing board of the municipality. The members of that
Committee shall be appointed for initial terms of 1, 2, and 3
years respectively, in numbers so that the terms of not more
than 1/3 of all members expire in any one year. Their
successors shall be appointed for a term of 3 years. The
Committee shall have none of the powers enumerated in this
Section. The Committee shall serve in an advisory capacity
only. The Committee may advise the governing board of the
municipality and other municipal officials regarding
development issues and opportunities within the redevelopment
project area. The Committee may also promote and publicize
development opportunities in the redevelopment project area.
(q) If a redevelopment project has not been initiated in a
redevelopment project area within 5 years after the area was
designated by ordinance under subsection (a), the municipality
shall adopt an ordinance repealing the area's designation as a
redevelopment project area. Initiation of a redevelopment
project shall be evidenced by either a signed redevelopment
agreement or expenditures on eligible redevelopment project
costs associated with a redevelopment project.
(r) Within a redevelopment planning area, transfer or loan

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tax increment revenues from one redevelopment project area to
another redevelopment project area for expenditure on eligible
costs in the receiving area.
(s) Use tax increment revenue produced in a redevelopment
project area created under this Law by transferring or loaning
such revenues to a redevelopment project area created under the
Tax Increment Allocation Redevelopment Act that is either
contiguous to, or separated only by a public right of way from,
the redevelopment project area that initially produced and
received those revenues.
(t) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.6-30) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.6-35 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted if the ordinance was
adopted on September 23, 1997 by the City of Granite City.
(Source: P.A. 97-591, eff. 8-26-11.)".