Bill Text: IL HB5438 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Governmental Account Audit Act, Counties Code, and Illinois Municipal Code. Provides that the amount of fees owed by a governmental unit for delinquent audits or reports may be reduced at the Comptroller's discretion. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0922 [HB5438 Detail]
Download: Illinois-2013-HB5438-Enrolled.html
Bill Title: Amends the Governmental Account Audit Act, Counties Code, and Illinois Municipal Code. Provides that the amount of fees owed by a governmental unit for delinquent audits or reports may be reduced at the Comptroller's discretion. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0922 [HB5438 Detail]
Download: Illinois-2013-HB5438-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Governmental Account Audit Act is amended by | ||||||
5 | changing Section 4 as follows:
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6 | (50 ILCS 310/4) (from Ch. 85, par. 704)
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7 | Sec. 4. Overdue report.
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8 | (a) If the required report for a governmental unit is not | ||||||
9 | filed with the
Comptroller in accordance with Section 2 or | ||||||
10 | Section 3, whichever is
applicable, within 6 months after the | ||||||
11 | close of the fiscal year of the
governmental unit, the | ||||||
12 | Comptroller shall notify the governing body of that
unit in | ||||||
13 | writing that the report is due and may also grant a 60 day
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14 | extension for the filing of the audit report. If the required | ||||||
15 | report is not
filed within the time specified in such written | ||||||
16 | notice, the Comptroller
shall cause an audit to be made by a | ||||||
17 | licensed public accountant, and the
governmental unit shall pay | ||||||
18 | to the Comptroller actual compensation and
expenses to | ||||||
19 | reimburse him for the cost of preparing or completing such
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20 | report.
| ||||||
21 | (b) The Comptroller may decline to order an audit and the | ||||||
22 | preparation of
an audit report (i) if an initial examination of | ||||||
23 | the books and records of
the
governmental unit indicates that |
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1 | the books and records of the governmental unit
are inadequate | ||||||
2 | or unavailable due to the passage of time or the occurrence of | ||||||
3 | a
natural disaster or (ii) if the Comptroller determines that | ||||||
4 | the cost of an
audit would impose an unreasonable financial | ||||||
5 | burden on the governmental unit.
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6 | (c) The State Comptroller may grant extensions for | ||||||
7 | delinquent audits or reports. The Comptroller may charge a | ||||||
8 | governmental unit a fee for a delinquent audit or report of $5 | ||||||
9 | per day for the first 15 days past due, $10 per day for 16 | ||||||
10 | through 30 days past due, $15 per day for 31 through 45 days | ||||||
11 | past due, and $20 per day for the 46th day and every day | ||||||
12 | thereafter. These amounts may be reduced at the Comptroller's | ||||||
13 | discretion. All fees collected under this subsection (c) shall | ||||||
14 | be deposited into the Comptroller's Administrative Fund. | ||||||
15 | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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16 | Section 10. The Counties Code is amended by changing | ||||||
17 | Section 6-31004 as follows:
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18 | (55 ILCS 5/6-31004) (from Ch. 34, par. 6-31004)
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19 | Sec. 6-31004. Overdue reports.
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20 | (a) In the event the required reports for
a county are not | ||||||
21 | filed with the Comptroller in accordance with Section 6-31003
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22 | within 6 months after the close of the fiscal year of the | ||||||
23 | county, the
Comptroller shall notify the county board in | ||||||
24 | writing that the reports are
due, and may also grant an |
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1 | extension of time of up to 60 days for the
filing of the | ||||||
2 | reports. In the event the required reports are not filed
within | ||||||
3 | the time specified in such written notice, the Comptroller | ||||||
4 | shall
cause the audit to be made and the audit report prepared | ||||||
5 | by an accountant
or accountants.
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6 | (b) The Comptroller may decline to order an audit and the | ||||||
7 | preparation of
an
audit report if an initial examination of the | ||||||
8 | books and records of the
governmental unit indicates that the | ||||||
9 | books and records of the governmental unit
are inadequate or | ||||||
10 | unavailable due to the passage of time or the occurrence of a
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11 | natural disaster.
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12 | (c) The State Comptroller may grant extensions for | ||||||
13 | delinquent audits or reports. The Comptroller may charge a | ||||||
14 | county a fee for a delinquent audit or report of $5 per day for | ||||||
15 | the first 15 days past due, $10 per day for 16 through 30 days | ||||||
16 | past due, $15 per day for 31 through 45 days past due, and $20 | ||||||
17 | per day for the 46th day and every day thereafter. These | ||||||
18 | amounts may be reduced at the Comptroller's discretion. All | ||||||
19 | fees collected under this subsection (c) shall be deposited | ||||||
20 | into the Comptroller's Administrative Fund. | ||||||
21 | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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22 | Section 15. The Illinois Municipal Code is amended by | ||||||
23 | changing Sections 8-8-3.5, 8-8-4, 11-74.4-5 and 11-74.6-22 as | ||||||
24 | follows:
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1 | (65 ILCS 5/8-8-3.5)
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2 | Sec. 8-8-3.5. Tax Increment Financing Report. The reports | ||||||
3 | filed under
subsection (d) of Section 11-74.4-5 of the Tax | ||||||
4 | Increment Allocation
Redevelopment Act and the reports filed | ||||||
5 | under subsection (d) of Section
11-74.6-22 of the Industrial | ||||||
6 | Jobs Recovery Law
in the Illinois Municipal Code must be | ||||||
7 | separate from any
other annual report filed with the | ||||||
8 | Comptroller. The Comptroller must, in
cooperation with | ||||||
9 | reporting municipalities, create
a format for the reporting of | ||||||
10 | information described in paragraphs (1.5)
and (5) and
in | ||||||
11 | subparagraph (G) of paragraph (7) of subsection (d) of Section
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12 | 11-74.4-5 of
the Tax Increment Allocation Redevelopment Act
and | ||||||
13 | the information described in paragraphs (1.5) and (5) and in | ||||||
14 | subparagraph
(G) of paragraph (7) of subsection (d) of Section | ||||||
15 | 11-74.6-22 of the Industrial
Jobs Recovery Law
that facilitates | ||||||
16 | consistent
reporting among the reporting municipalities. The | ||||||
17 | Comptroller may allow these
reports to be filed electronically | ||||||
18 | and may display the report, or portions of
the report, | ||||||
19 | electronically via the Internet. All reports filed under this
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20 | Section must be made available for examination and copying by | ||||||
21 | the public at all
reasonable times. A Tax Increment Financing | ||||||
22 | Report must be filed electronically with the Comptroller within | ||||||
23 | 180 days after the close of the municipal fiscal year or as | ||||||
24 | soon thereafter as the audit for the redevelopment
project area | ||||||
25 | for that fiscal year becomes available. If the Tax Increment | ||||||
26 | Finance administrator provides the Comptroller's office with |
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1 | sufficient evidence that the report is in the process of being | ||||||
2 | completed by an auditor, the Comptroller may grant an | ||||||
3 | extension. If the required report is not filed within
the
time | ||||||
4 | extended by the Comptroller, the Comptroller shall notify the | ||||||
5 | corporate authorities of that municipality that the audit | ||||||
6 | report is past due. The the Comptroller may charge a | ||||||
7 | municipality a fee of $5 per day for the first 15 days past | ||||||
8 | due, $10 per day for 16 through 30 days past due, $15 per day | ||||||
9 | for 31 through 45 days past due, and $20 per day for the 46th | ||||||
10 | day and every day thereafter. These amounts may be reduced at | ||||||
11 | the Comptroller's discretion. In the event the required audit | ||||||
12 | report is not filed within 60 days of such notice, the | ||||||
13 | Comptroller shall cause such audit to be made by an accountant | ||||||
14 | or accountants. The Comptroller may decline to order an audit | ||||||
15 | and the preparation of an audit report if an initial | ||||||
16 | examination of the books and records of the municipality | ||||||
17 | indicates that books and records of the municipality are | ||||||
18 | inadequate or unavailable to support the preparation of the | ||||||
19 | audit report or the supplemental report due to the passage of | ||||||
20 | time or the occurrence of a natural disaster. All fees | ||||||
21 | collected pursuant to this Section shall be deposited into the | ||||||
22 | Comptroller's Administrative Fund. In the event the | ||||||
23 | Comptroller causes an audit to be made in accordance with the | ||||||
24 | requirements of this Section, the municipality shall pay to the | ||||||
25 | Comptroller reasonable compensation and expenses to reimburse | ||||||
26 | her for the cost of preparing or completing such report. Moneys |
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1 | paid to the Comptroller pursuant to the preceding sentence | ||||||
2 | shall be deposited into the Comptroller's Audit Expense | ||||||
3 | Revolving Fund.
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4 | (Source: P.A. 98-497, eff. 8-16-13.)
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5 | (65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
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6 | Sec. 8-8-4. Overdue reports.
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7 | (a) In the event the required audit report for
a | ||||||
8 | municipality is not filed
with the Comptroller in accordance | ||||||
9 | with Section 8-8-7 within 6 months after
the close of the | ||||||
10 | fiscal year of the municipality, the Comptroller shall
notify | ||||||
11 | the corporate authorities of that municipality in writing that | ||||||
12 | the
audit report is due, and may also grant an extension of | ||||||
13 | time of 60 days,
for the filing of the audit report. In the | ||||||
14 | event the required audit report
is not filed within the time | ||||||
15 | specified in such written notice, the
Comptroller shall cause | ||||||
16 | such audit to be made by an accountant or
accountants. In the | ||||||
17 | event the required annual or supplemental report for a
| ||||||
18 | municipality is not filed within 6 months after the close of | ||||||
19 | the fiscal
year of the municipality, the Comptroller shall | ||||||
20 | notify the corporate
authorities of that municipality in | ||||||
21 | writing that the annual or supplemental
report is due and may | ||||||
22 | grant an extension in time of 60 days for the filing
of such | ||||||
23 | annual or supplemental report.
| ||||||
24 | (b) In the event the annual or supplemental report is not | ||||||
25 | filed within
the
time extended by the Comptroller, the |
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1 | Comptroller shall cause such annual
or supplemental report to | ||||||
2 | be prepared or completed and the municipality
shall pay to the | ||||||
3 | Comptroller reasonable compensation and expenses to
reimburse | ||||||
4 | him for the cost of preparing or completing such annual or
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5 | supplemental report.
Moneys paid to the Comptroller pursuant to | ||||||
6 | the preceding sentence shall be
deposited into the | ||||||
7 | Comptroller's Audit Expense Revolving Fund.
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8 | (c) The Comptroller may decline to order an audit or the | ||||||
9 | completion of the
supplemental report if an initial examination | ||||||
10 | of the books and records of the
municipality indicates that | ||||||
11 | books and records of the municipality are
inadequate or | ||||||
12 | unavailable to support the preparation of the audit report or | ||||||
13 | the
supplemental report due to the passage of time or the | ||||||
14 | occurrence of a natural
disaster.
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15 | (d) The State Comptroller may grant extensions for | ||||||
16 | delinquent audits or reports. The Comptroller may charge a | ||||||
17 | municipality a fee for a delinquent audit or report of $5 per | ||||||
18 | day for the first 15 days past due, $10 per day for 16 through | ||||||
19 | 30 days past due, $15 per day for 31 through 45 days past due, | ||||||
20 | and $20 per day for the 46th day and every day thereafter. | ||||||
21 | These amounts may be reduced at the Comptroller's discretion. | ||||||
22 | All fees collected under this subsection (d) shall be deposited | ||||||
23 | into the Comptroller's Administrative Fund. | ||||||
24 | (Source: P.A. 97-890, eff. 8-2-12; 97-1142, eff. 12-28-12.)
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25 | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
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1 | Sec. 11-74.4-5. Public hearing; joint review board. | ||||||
2 | (a) The changes made by this amendatory Act of the 91st
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3 | General Assembly do not apply to a municipality that, (i) | ||||||
4 | before the
effective date of this amendatory Act of the 91st | ||||||
5 | General Assembly,
has adopted an ordinance or resolution fixing | ||||||
6 | a time and place for a
public hearing under this Section or | ||||||
7 | (ii) before July 1, 1999, has adopted
an ordinance or | ||||||
8 | resolution providing for a feasibility study under Section
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9 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||
10 | redevelopment plans and redevelopment projects or designating
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11 | redevelopment project areas under Section 11-74.4-4, until | ||||||
12 | after that
municipality adopts an ordinance
approving | ||||||
13 | redevelopment plans and redevelopment projects or designating
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14 | redevelopment project areas under Section 11-74.4-4; | ||||||
15 | thereafter the changes
made by this amendatory Act of the 91st | ||||||
16 | General Assembly apply to the same
extent that they apply to
| ||||||
17 | redevelopment plans and redevelopment projects that were | ||||||
18 | approved and
redevelopment projects that were designated | ||||||
19 | before the effective date of this
amendatory Act of the 91st | ||||||
20 | General Assembly.
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21 | Prior to the adoption of an ordinance proposing the
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22 | designation of a redevelopment project area, or approving a
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23 | redevelopment plan or redevelopment project, the municipality | ||||||
24 | by its
corporate authorities, or as it may determine by any | ||||||
25 | commission
designated under subsection (k) of Section | ||||||
26 | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time |
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1 | and place for public hearing.
At least 10 days prior to the | ||||||
2 | adoption of the ordinance or resolution
establishing the time
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3 | and place for the public hearing, the municipality shall make | ||||||
4 | available for
public inspection a redevelopment plan or a | ||||||
5 | separate report that provides in
reasonable detail the basis | ||||||
6 | for the eligibility of
the redevelopment project area. The | ||||||
7 | report along with the name of a
person to
contact for further | ||||||
8 | information shall be sent within a reasonable time
after the | ||||||
9 | adoption of such ordinance or resolution to the
affected taxing | ||||||
10 | districts
by certified mail.
On and after the effective date of | ||||||
11 | this amendatory Act of the 91st General
Assembly, the | ||||||
12 | municipality shall print in a newspaper of general circulation
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13 | within the municipality a notice that interested persons may | ||||||
14 | register with the
municipality in order to receive information | ||||||
15 | on the proposed designation of a
redevelopment project area or | ||||||
16 | the approval of a redevelopment plan. The notice
shall state | ||||||
17 | the place of registration and the operating hours of that | ||||||
18 | place.
The municipality shall have adopted reasonable rules to | ||||||
19 | implement this
registration process under Section 11-74.4-4.2.
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20 | The municipality shall provide notice of the availability of | ||||||
21 | the
redevelopment plan and eligibility report, including how to | ||||||
22 | obtain this
information, by mail within a reasonable time after | ||||||
23 | the adoption of the
ordinance or resolution, to all residential | ||||||
24 | addresses that, after a good faith
effort, the municipality | ||||||
25 | determines are located outside the proposed
redevelopment | ||||||
26 | project area and within 750 feet of the
boundaries of the |
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1 | proposed redevelopment project area. This requirement is
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2 | subject to the limitation that in a municipality with a | ||||||
3 | population of over
100,000, if the total number of residential | ||||||
4 | addresses outside the proposed
redevelopment project area and | ||||||
5 | within 750 feet of the
boundaries of the proposed redevelopment | ||||||
6 | project area exceeds 750, the
municipality shall be required to | ||||||
7 | provide the notice to only the 750
residential addresses that, | ||||||
8 | after a good faith effort, the municipality
determines are | ||||||
9 | outside the proposed redevelopment project area and closest
to | ||||||
10 | the boundaries of the proposed redevelopment project
area.
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11 | Notwithstanding the foregoing, notice given after August 7, | ||||||
12 | 2001 (the
effective date of Public Act 92-263) and before the | ||||||
13 | effective date of this
amendatory Act of the 92nd General | ||||||
14 | Assembly to residential addresses within 750
feet of the | ||||||
15 | boundaries of a proposed redevelopment project area shall be | ||||||
16 | deemed
to have been sufficiently given in compliance with this | ||||||
17 | Act if given only to
residents outside the boundaries of the | ||||||
18 | proposed redevelopment project area.
The notice shall also be | ||||||
19 | provided by the municipality, regardless of its
population, to | ||||||
20 | those organizations and residents that have registered with the
| ||||||
21 | municipality for that information in accordance with the | ||||||
22 | registration
guidelines established by the municipality under | ||||||
23 | Section 11-74.4-4.2.
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24 | At the public hearing any
interested person or affected | ||||||
25 | taxing district may file with the
municipal clerk written | ||||||
26 | objections to and may be heard orally in respect
to any issues |
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1 | embodied in the notice. The municipality shall hear all | ||||||
2 | protests
and objections at the hearing and the hearing may
be | ||||||
3 | adjourned to another date without further notice other than a | ||||||
4 | motion
to be entered upon the minutes fixing the time and place | ||||||
5 | of the
subsequent hearing.
At the public hearing or at any time | ||||||
6 | prior to the
adoption by the municipality of an ordinance | ||||||
7 | approving a redevelopment plan,
the municipality may make | ||||||
8 | changes in the redevelopment plan. Changes which (1)
add | ||||||
9 | additional parcels of property to the proposed redevelopment | ||||||
10 | project area,
(2) substantially affect the general land uses | ||||||
11 | proposed in the redevelopment
plan, (3) substantially change | ||||||
12 | the nature of or extend the life of the
redevelopment project,
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13 | or (4) increase the number of inhabited residential units to be | ||||||
14 | displaced from the redevelopment project area, as
measured from | ||||||
15 | the time of creation of the redevelopment project area, to a | ||||||
16 | total of more than
10,
shall be made only after the
| ||||||
17 | municipality gives notice,
convenes a joint review board, and | ||||||
18 | conducts a public hearing pursuant to the
procedures set forth | ||||||
19 | in this Section and in Section 11-74.4-6 of this Act.
Changes | ||||||
20 | which do not (1) add additional parcels of property to the | ||||||
21 | proposed
redevelopment project area, (2) substantially affect | ||||||
22 | the general land uses
proposed in the redevelopment plan, (3) | ||||||
23 | substantially change the nature of
or extend the life of the | ||||||
24 | redevelopment project,
or (4) increase the number of inhabited | ||||||
25 | residential units to be displaced from the redevelopment | ||||||
26 | project area, as
measured from the time of creation of the |
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1 | redevelopment project area, to a total
of more than 10,
may be | ||||||
2 | made without further
hearing, provided that the municipality | ||||||
3 | shall give notice of any such changes
by mail to each affected | ||||||
4 | taxing district and registrant on the interested
parties | ||||||
5 | registry, provided for under Section 11-74.4-4.2, and by | ||||||
6 | publication in
a newspaper of
general circulation within the | ||||||
7 | affected taxing district. Such notice by mail
and by | ||||||
8 | publication shall each occur not later than 10 days following | ||||||
9 | the
adoption by ordinance of such changes. Hearings with regard | ||||||
10 | to a redevelopment
project area, project or plan may be held | ||||||
11 | simultaneously.
| ||||||
12 | (b) Prior to holding a public hearing to approve or amend a | ||||||
13 | redevelopment
plan or to designate or add additional parcels of | ||||||
14 | property to a redevelopment
project area, the municipality
| ||||||
15 | shall convene a joint review board. The board shall consist of | ||||||
16 | a representative
selected by each community college district, | ||||||
17 | local elementary school
district and high school district or | ||||||
18 | each local community unit school
district, park district, | ||||||
19 | library district, township, fire protection
district, and | ||||||
20 | county that will have the authority to
directly levy taxes on | ||||||
21 | the property within the proposed redevelopment
project area at | ||||||
22 | the time that the proposed redevelopment project area is
| ||||||
23 | approved, a representative selected by the municipality and a | ||||||
24 | public
member. The public member shall first be selected and | ||||||
25 | then the board's
chairperson shall be selected by
a majority of | ||||||
26 | the board members present and voting.
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1 | For redevelopment project areas with redevelopment plans | ||||||
2 | or proposed
redevelopment plans that would
result in the | ||||||
3 | displacement of residents from 10 or more inhabited residential
| ||||||
4 | units or that include 75 or more inhabited residential units, | ||||||
5 | the public member
shall be a person who resides in the | ||||||
6 | redevelopment project area. If, as
determined by the housing | ||||||
7 | impact study provided for in paragraph (5) of
subsection (n) of | ||||||
8 | Section 11-74.4-3, or if no housing impact study is required
| ||||||
9 | then based on other reasonable data, the majority of | ||||||
10 | residential units are
occupied by very low, low, or moderate | ||||||
11 | income households, as defined in Section
3 of the Illinois | ||||||
12 | Affordable Housing Act, the public member shall be a person
who | ||||||
13 | resides in very low, low, or moderate income housing within the
| ||||||
14 | redevelopment project area. Municipalities with fewer than | ||||||
15 | 15,000 residents
shall not be required to select a person who | ||||||
16 | lives in very low, low, or
moderate income housing within the | ||||||
17 | redevelopment project area, provided that
the redevelopment | ||||||
18 | plan or project will not result in displacement of residents
| ||||||
19 | from 10 or more inhabited units, and the municipality so | ||||||
20 | certifies
in the plan. If no person satisfying these | ||||||
21 | requirements is available or if no
qualified person will serve | ||||||
22 | as the public member, then the joint review board
is relieved | ||||||
23 | of this paragraph's selection requirements for the public
| ||||||
24 | member.
| ||||||
25 | Within 90 days of the effective date of this amendatory Act | ||||||
26 | of the 91st
General Assembly, each municipality that designated |
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| |||||||
1 | a redevelopment project
area for which it was not required to | ||||||
2 | convene a joint review board under this
Section shall convene a | ||||||
3 | joint review board to perform the
duties specified under | ||||||
4 | paragraph (e) of this Section.
| ||||||
5 | All board members shall be appointed and the first board | ||||||
6 | meeting shall be
held at least 14 days but not more than 28 | ||||||
7 | days after the
mailing of notice by the
municipality to the | ||||||
8 | taxing
districts as required by Section 11-74.4-6(c).
| ||||||
9 | Notwithstanding the preceding sentence, a municipality that | ||||||
10 | adopted either a
public hearing resolution or a feasibility | ||||||
11 | resolution between July 1, 1999 and
July 1, 2000 that called | ||||||
12 | for the meeting of the joint review board within 14
days of | ||||||
13 | notice of public hearing to affected taxing districts is deemed | ||||||
14 | to be
in compliance with the notice, meeting, and public | ||||||
15 | hearing provisions of the
Act.
Such notice
shall also advise
| ||||||
16 | the taxing bodies represented on the joint review board of the | ||||||
17 | time and place
of the first meeting of the board. Additional | ||||||
18 | meetings of the
board shall be held upon the call of any | ||||||
19 | member. The municipality
seeking designation of the | ||||||
20 | redevelopment project area shall provide
administrative | ||||||
21 | support to the board.
| ||||||
22 | The board shall review (i) the public record, planning | ||||||
23 | documents and
proposed ordinances approving the redevelopment | ||||||
24 | plan and
project and (ii) proposed amendments to the | ||||||
25 | redevelopment plan or additions
of parcels of property to the | ||||||
26 | redevelopment project area to be
adopted by the municipality. |
| |||||||
| |||||||
1 | As part of its deliberations, the board may
hold additional | ||||||
2 | hearings on the proposal. A
board's recommendation shall be
an | ||||||
3 | advisory, non-binding recommendation. The recommendation shall | ||||||
4 | be adopted
by a majority of those members present and voting. | ||||||
5 | The recommendations shall
be submitted to the municipality
| ||||||
6 | within 30 days after convening of the board.
Failure of the | ||||||
7 | board to
submit
its report on a timely basis shall not be cause | ||||||
8 | to delay the public hearing
or any other step in the process of | ||||||
9 | designating or
amending the
redevelopment project area but | ||||||
10 | shall be deemed to constitute approval by the
joint review | ||||||
11 | board of the matters before it.
| ||||||
12 | The board shall base its recommendation to approve or | ||||||
13 | disapprove the
redevelopment plan and the designation of the | ||||||
14 | redevelopment project area or the
amendment of the | ||||||
15 | redevelopment plan or addition of parcels of property to the
| ||||||
16 | redevelopment project area on the basis of the redevelopment | ||||||
17 | project area and
redevelopment plan satisfying the
plan | ||||||
18 | requirements, the eligibility criteria
defined in Section | ||||||
19 | 11-74.4-3, and the objectives of this Act.
| ||||||
20 | The board shall issue a written report describing why the
| ||||||
21 | redevelopment plan and project area or the amendment thereof | ||||||
22 | meets or
fails to meet one or more of the objectives of this | ||||||
23 | Act and both the plan
requirements and the eligibility criteria | ||||||
24 | defined in Section 11-74.4-3.
In the event the Board does not | ||||||
25 | file a report it shall be presumed
that these taxing bodies | ||||||
26 | find the redevelopment project area and
redevelopment plan |
| |||||||
| |||||||
1 | satisfy the
objectives of this Act and the plan requirements | ||||||
2 | and eligibility criteria.
| ||||||
3 | If the board recommends rejection of the matters before it, | ||||||
4 | the
municipality will have 30 days within which to resubmit the | ||||||
5 | plan or amendment.
During this period, the municipality will | ||||||
6 | meet and confer with the board and
attempt to resolve those | ||||||
7 | issues set forth in the board's written report that
led to the | ||||||
8 | rejection of the plan or amendment.
| ||||||
9 | Notwithstanding the resubmission set forth above, the | ||||||
10 | municipality may
commence the scheduled public hearing and | ||||||
11 | either adjourn the public hearing or
continue the public | ||||||
12 | hearing until a date certain. Prior to continuing any
public | ||||||
13 | hearing to a date certain, the municipality shall announce | ||||||
14 | during the
public hearing the time, date, and location for the | ||||||
15 | reconvening of the public
hearing. Any changes to the | ||||||
16 | redevelopment plan necessary to satisfy the issues
set forth in | ||||||
17 | the joint review board report shall be the subject of a public
| ||||||
18 | hearing before the hearing is adjourned if the changes would | ||||||
19 | (1) substantially
affect the general land uses proposed in the | ||||||
20 | redevelopment plan, (2)
substantially change the nature of or | ||||||
21 | extend the life of the redevelopment
project, or (3) increase | ||||||
22 | the number of inhabited residential units to be
displaced from | ||||||
23 | the redevelopment project area, as
measured from the
time of | ||||||
24 | creation of the redevelopment project area, to a total of
more | ||||||
25 | than 10. Changes to the redevelopment plan necessary
to
satisfy | ||||||
26 | the issues set forth in the joint review board report shall not |
| |||||||
| |||||||
1 | require
any further notice or convening of a joint review board | ||||||
2 | meeting, except that
any changes to the redevelopment plan that | ||||||
3 | would add additional parcels of
property to the proposed | ||||||
4 | redevelopment project area shall be subject to the
notice, | ||||||
5 | public hearing, and joint review board meeting requirements | ||||||
6 | established
for such changes by subsection (a) of Section | ||||||
7 | 11-74.4-5.
| ||||||
8 | In the event that the
municipality and the board are unable | ||||||
9 | to resolve these differences, or in the
event that the | ||||||
10 | resubmitted plan or amendment is rejected by the board, the
| ||||||
11 | municipality may proceed with the plan or amendment, but only | ||||||
12 | upon a
three-fifths vote of the corporate authority responsible | ||||||
13 | for approval of the
plan or amendment, excluding positions of | ||||||
14 | members that are vacant and those
members that are ineligible | ||||||
15 | to vote because of conflicts of interest.
| ||||||
16 | (c) After a municipality has by ordinance approved a | ||||||
17 | redevelopment plan
and designated a redevelopment project | ||||||
18 | area, the plan may be amended and
additional properties may be | ||||||
19 | added to the redevelopment project area only as
herein | ||||||
20 | provided. Amendments which (1) add additional parcels of | ||||||
21 | property to
the proposed redevelopment project area, (2) | ||||||
22 | substantially affect the general
land uses proposed in the | ||||||
23 | redevelopment plan, (3) substantially change the
nature of the | ||||||
24 | redevelopment project, (4) increase the total estimated
| ||||||
25 | redevelopment
project costs set out in the redevelopment plan | ||||||
26 | by more than 5% after
adjustment for inflation from the date |
| |||||||
| |||||||
1 | the plan was adopted, (5) add
additional redevelopment project | ||||||
2 | costs to the itemized list of redevelopment
project costs set | ||||||
3 | out in the redevelopment plan, or (6) increase the number of
| ||||||
4 | inhabited residential units to be
displaced from the | ||||||
5 | redevelopment
project area, as measured from the time of | ||||||
6 | creation of
the
redevelopment project area, to a total of more | ||||||
7 | than
10, shall be made only after
the
municipality gives | ||||||
8 | notice, convenes a joint review board, and conducts a public
| ||||||
9 | hearing pursuant to the procedures set forth in this Section | ||||||
10 | and in Section
11-74.4-6 of this Act. Changes which do not (1) | ||||||
11 | add additional parcels of
property to the proposed | ||||||
12 | redevelopment project area, (2) substantially affect
the | ||||||
13 | general land uses proposed in the redevelopment plan, (3) | ||||||
14 | substantially
change the nature of the redevelopment project, | ||||||
15 | (4) increase the total
estimated redevelopment project cost set | ||||||
16 | out in the redevelopment plan by more
than 5% after adjustment | ||||||
17 | for inflation from the date the plan was adopted,
(5) add | ||||||
18 | additional redevelopment project costs to the itemized list of
| ||||||
19 | redevelopment project costs set out in the redevelopment plan, | ||||||
20 | or (6) increase
the number of inhabited residential units to be | ||||||
21 | displaced from the
redevelopment project area, as measured from | ||||||
22 | the time of
creation of
the redevelopment project area, to a | ||||||
23 | total of more than 10, may be made
without further public | ||||||
24 | hearing
and related notices and procedures including the | ||||||
25 | convening of a joint review
board as set forth in Section | ||||||
26 | 11-74.4-6 of this Act, provided that the
municipality shall |
| |||||||
| |||||||
1 | give notice of
any such changes by mail to each affected taxing | ||||||
2 | district and registrant on the
interested parties registry, | ||||||
3 | provided for under Section 11-74.4-4.2, and by
publication in
a | ||||||
4 | newspaper of general circulation within the affected taxing | ||||||
5 | district. Such
notice by mail and by publication shall each | ||||||
6 | occur not later than 10 days
following the adoption by | ||||||
7 | ordinance of such changes.
| ||||||
8 | (d) After the effective date of this amendatory Act of the | ||||||
9 | 91st General
Assembly, a
municipality shall submit in an | ||||||
10 | electronic format the
following information for each | ||||||
11 | redevelopment project area (i) to the State
Comptroller under | ||||||
12 | Section 8-8-3.5 of the Illinois Municipal Code , subject to any | ||||||
13 | extensions or exemptions provided at the Comptroller's | ||||||
14 | discretion under that Section,
and (ii) to all taxing districts | ||||||
15 | overlapping the
redevelopment project area no later than 180
| ||||||
16 | days after the close of each municipal fiscal year or as soon | ||||||
17 | thereafter as
the audited financial
statements become | ||||||
18 | available and, in any case, shall be submitted before the
| ||||||
19 | annual meeting of the Joint Review Board to each of the taxing | ||||||
20 | districts that
overlap the redevelopment project area:
| ||||||
21 | (1) Any amendments to the redevelopment plan, the | ||||||
22 | redevelopment
project area, or the State Sales Tax | ||||||
23 | Boundary.
| ||||||
24 | (1.5) A list of the redevelopment project areas | ||||||
25 | administered by the
municipality and, if applicable, the | ||||||
26 | date each redevelopment project area was
designated or |
| |||||||
| |||||||
1 | terminated by the municipality.
| ||||||
2 | (2) Audited financial statements of the special tax | ||||||
3 | allocation fund once a
cumulative total of $100,000 has | ||||||
4 | been deposited in the fund.
| ||||||
5 | (3) Certification of the Chief Executive Officer of the | ||||||
6 | municipality
that the municipality has complied with all of | ||||||
7 | the requirements of this Act
during the preceding fiscal | ||||||
8 | year.
| ||||||
9 | (4) An opinion of legal counsel that the municipality | ||||||
10 | is in compliance
with this Act.
| ||||||
11 | (5) An analysis of the special tax allocation fund | ||||||
12 | which sets forth:
| ||||||
13 | (A) the balance in the special tax allocation fund | ||||||
14 | at the beginning of
the fiscal year;
| ||||||
15 | (B) all amounts deposited in the special tax | ||||||
16 | allocation fund by source;
| ||||||
17 | (C) an itemized list of all expenditures from the | ||||||
18 | special tax
allocation fund by category of
permissible | ||||||
19 | redevelopment project cost; and
| ||||||
20 | (D) the balance in the special tax allocation fund | ||||||
21 | at the end of the
fiscal year including a breakdown of | ||||||
22 | that balance by source and a breakdown
of that balance | ||||||
23 | identifying any portion of the balance that is | ||||||
24 | required,
pledged, earmarked, or otherwise designated | ||||||
25 | for payment of or securing of
obligations and | ||||||
26 | anticipated redevelopment project costs. Any portion |
| |||||||
| |||||||
1 | of
such ending balance that has not been identified or | ||||||
2 | is not identified as
being
required, pledged, | ||||||
3 | earmarked, or otherwise designated for payment of or
| ||||||
4 | securing of obligations or anticipated redevelopment | ||||||
5 | projects costs
shall be designated as surplus as set | ||||||
6 | forth in Section
11-74.4-7 hereof.
| ||||||
7 | (6) A description of all property purchased by the | ||||||
8 | municipality within
the redevelopment project area | ||||||
9 | including:
| ||||||
10 | (A) Street address.
| ||||||
11 | (B) Approximate size or description of property.
| ||||||
12 | (C) Purchase price.
| ||||||
13 | (D) Seller of property.
| ||||||
14 | (7) A statement setting forth all activities | ||||||
15 | undertaken in furtherance
of the objectives of the | ||||||
16 | redevelopment plan, including:
| ||||||
17 | (A) Any project implemented in the preceding | ||||||
18 | fiscal year.
| ||||||
19 | (B) A description of the redevelopment activities | ||||||
20 | undertaken.
| ||||||
21 | (C) A description of any agreements entered into by | ||||||
22 | the municipality
with
regard to the disposition or | ||||||
23 | redevelopment of any property within the
redevelopment | ||||||
24 | project area or the area within the State Sales Tax | ||||||
25 | Boundary.
| ||||||
26 | (D) Additional information on the use of all funds |
| |||||||
| |||||||
1 | received under this
Division and steps taken by the
| ||||||
2 | municipality to achieve the objectives of the | ||||||
3 | redevelopment plan.
| ||||||
4 | (E) Information regarding contracts that the | ||||||
5 | municipality's tax
increment advisors or consultants | ||||||
6 | have entered into with entities or persons
that have | ||||||
7 | received, or are receiving, payments financed by tax | ||||||
8 | increment
revenues produced by the same redevelopment | ||||||
9 | project area.
| ||||||
10 | (F) Any reports submitted to the municipality by | ||||||
11 | the joint review board.
| ||||||
12 | (G) A review of public and, to the extent possible, | ||||||
13 | private investment
actually undertaken to date after | ||||||
14 | the effective date of this amendatory Act of
the 91st | ||||||
15 | General Assembly and estimated to be undertaken during | ||||||
16 | the following
year. This review shall, on a | ||||||
17 | project-by-project basis, set forth the
estimated | ||||||
18 | amounts of public and private investment incurred | ||||||
19 | after the effective
date of this amendatory Act of the | ||||||
20 | 91st General Assembly and provide the ratio
of private | ||||||
21 | investment to public investment to the date of the | ||||||
22 | report and as
estimated to the completion of the | ||||||
23 | redevelopment project.
| ||||||
24 | (8) With regard to any obligations issued by the | ||||||
25 | municipality:
| ||||||
26 | (A) copies of any official statements; and
|
| |||||||
| |||||||
1 | (B) an analysis prepared by financial advisor or | ||||||
2 | underwriter setting
forth: (i) nature and term of | ||||||
3 | obligation; and (ii) projected debt service
including | ||||||
4 | required reserves and debt coverage.
| ||||||
5 | (9) For special tax allocation funds that have | ||||||
6 | experienced cumulative
deposits of incremental tax | ||||||
7 | revenues of $100,000 or more, a certified audit
report | ||||||
8 | reviewing compliance
with this Act
performed by an | ||||||
9 | independent public accountant certified and licensed by | ||||||
10 | the
authority of the State of Illinois. The financial | ||||||
11 | portion of the audit
must be conducted in accordance with | ||||||
12 | Standards for Audits of Governmental
Organizations, | ||||||
13 | Programs, Activities, and Functions adopted by the
| ||||||
14 | Comptroller General of the United States (1981), as | ||||||
15 | amended, or the standards
specified by Section 8-8-5 of the | ||||||
16 | Illinois Municipal Auditing Law of the
Illinois Municipal | ||||||
17 | Code. The audit
report shall contain a letter from the | ||||||
18 | independent certified public accountant
indicating | ||||||
19 | compliance or noncompliance with the requirements
of | ||||||
20 | subsection (q) of Section 11-74.4-3. For redevelopment | ||||||
21 | plans or
projects that would result in the displacement of | ||||||
22 | residents from 10 or more
inhabited residential units or | ||||||
23 | that contain 75 or more inhabited residential
units, notice | ||||||
24 | of the availability of the information, including how to | ||||||
25 | obtain
the report, required in this subsection shall also | ||||||
26 | be sent by mail to all
residents or organizations that |
| |||||||
| |||||||
1 | operate in the municipality that register with
the | ||||||
2 | municipality for that information according to | ||||||
3 | registration procedures
adopted under Section 11-74.4-4.2. | ||||||
4 | All municipalities are subject to this
provision.
| ||||||
5 | (10) A list of all intergovernmental agreements in | ||||||
6 | effect during the fiscal year to which the municipality is | ||||||
7 | a party and an accounting of any moneys transferred or | ||||||
8 | received by the municipality during that fiscal year | ||||||
9 | pursuant to those intergovernmental agreements. | ||||||
10 | (d-1) Prior to the effective date of this amendatory Act of | ||||||
11 | the 91st
General Assembly, municipalities with populations of | ||||||
12 | over 1,000,000 shall,
after
adoption of a redevelopment plan or | ||||||
13 | project, make available upon request to any
taxing district in | ||||||
14 | which the redevelopment project area is located the
following | ||||||
15 | information:
| ||||||
16 | (1) Any amendments to the redevelopment plan, the | ||||||
17 | redevelopment project
area, or the State Sales Tax | ||||||
18 | Boundary; and
| ||||||
19 | (2) In connection with any redevelopment project area | ||||||
20 | for which the
municipality has outstanding obligations | ||||||
21 | issued to provide for redevelopment
project costs pursuant | ||||||
22 | to Section 11-74.4-7, audited financial statements of
the | ||||||
23 | special tax allocation fund.
| ||||||
24 | (e) The joint review board shall meet annually 180 days
| ||||||
25 | after the close of the municipal fiscal year or as soon as the | ||||||
26 | redevelopment
project audit for that fiscal year becomes |
| |||||||
| |||||||
1 | available to review the
effectiveness and status of the | ||||||
2 | redevelopment project area up to that date.
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) In the event that a municipality has held a public | ||||||
5 | hearing under this
Section prior to March 14, 1994 (the | ||||||
6 | effective date of Public Act 88-537), the
requirements imposed | ||||||
7 | by Public Act 88-537 relating to the method of fixing the
time | ||||||
8 | and place for public hearing, the materials and information | ||||||
9 | required to be
made available for public inspection, and the | ||||||
10 | information required to be sent
after adoption of an ordinance | ||||||
11 | or resolution fixing a time and place for public
hearing shall | ||||||
12 | not be applicable.
| ||||||
13 | (h) On and after the effective date of this amendatory Act | ||||||
14 | of the 96th General Assembly, the State Comptroller must post | ||||||
15 | on the State Comptroller's official website the information | ||||||
16 | submitted by a municipality pursuant to subsection (d) of this | ||||||
17 | Section. The information must be posted no later than 45 days | ||||||
18 | after the State Comptroller receives the information from the | ||||||
19 | municipality. The State Comptroller must also post a list of | ||||||
20 | the municipalities not in compliance with the reporting | ||||||
21 | requirements set forth in subsection (d) of this Section. | ||||||
22 | (i) No later than 10 years after the corporate authorities | ||||||
23 | of a municipality adopt an ordinance to establish a | ||||||
24 | redevelopment project area, the municipality must compile a | ||||||
25 | status report concerning the redevelopment project area. The | ||||||
26 | status report must detail without limitation the following: (i) |
| |||||||
| |||||||
1 | the amount of revenue generated within the redevelopment | ||||||
2 | project area, (ii) any expenditures made by the municipality | ||||||
3 | for the redevelopment project area including without | ||||||
4 | limitation expenditures from the special tax allocation fund, | ||||||
5 | (iii) the status of planned activities, goals, and objectives | ||||||
6 | set forth in the redevelopment plan including details on new or | ||||||
7 | planned construction within the redevelopment project area, | ||||||
8 | (iv) the amount of private and public investment within the | ||||||
9 | redevelopment project area, and (v) any other relevant | ||||||
10 | evaluation or performance data. Within 30 days after the | ||||||
11 | municipality compiles the status report, the municipality must | ||||||
12 | hold at least one public hearing concerning the report. The | ||||||
13 | municipality must provide 20 days' public notice of the | ||||||
14 | hearing. | ||||||
15 | (j) Beginning in fiscal year 2011 and in each fiscal year | ||||||
16 | thereafter, a municipality must detail in its annual budget (i) | ||||||
17 | the revenues generated from redevelopment project areas by | ||||||
18 | source and (ii) the expenditures made by the municipality for | ||||||
19 | redevelopment project areas. | ||||||
20 | (Source: P.A. 96-1335, eff. 7-27-10.)
| ||||||
21 | (65 ILCS 5/11-74.6-22)
| ||||||
22 | Sec. 11-74.6-22. Adoption of ordinance; requirements; | ||||||
23 | changes.
| ||||||
24 | (a) Before adoption of an ordinance proposing the
| ||||||
25 | designation of a redevelopment planning area or a redevelopment |
| |||||||
| |||||||
1 | project area,
or both, or approving a
redevelopment plan or | ||||||
2 | redevelopment project, the municipality or commission
| ||||||
3 | designated pursuant to subsection (l) of Section 11-74.6-15 | ||||||
4 | shall fix by
ordinance or resolution
a time and place for | ||||||
5 | public hearing.
Prior to the adoption of the ordinance or | ||||||
6 | resolution establishing the time and
place for the public | ||||||
7 | hearing, the municipality shall make available for public
| ||||||
8 | inspection a redevelopment plan or a report that provides in | ||||||
9 | sufficient detail,
the basis for the eligibility of the
| ||||||
10 | redevelopment project area. The report
along with the name of a
| ||||||
11 | person to contact for further information shall be sent to the | ||||||
12 | affected taxing
district by certified mail within a reasonable | ||||||
13 | time following the adoption of
the ordinance or resolution | ||||||
14 | establishing the time and place for the public
hearing.
| ||||||
15 | At the public hearing any
interested person or affected | ||||||
16 | taxing district may file with the
municipal clerk written | ||||||
17 | objections to the ordinance and may be heard orally
on any | ||||||
18 | issues that are the subject of the hearing. The municipality | ||||||
19 | shall
hear and determine all alternate proposals or bids for | ||||||
20 | any proposed conveyance,
lease, mortgage or other disposition | ||||||
21 | of land and all protests and objections at
the hearing and the
| ||||||
22 | hearing may be adjourned to another date without further notice | ||||||
23 | other than
a motion to be entered upon the minutes fixing the | ||||||
24 | time and place of the
later hearing.
At the public hearing or | ||||||
25 | at any time prior to the adoption by the
municipality of an | ||||||
26 | ordinance approving a redevelopment plan, the
municipality may |
| |||||||
| |||||||
1 | make changes in the redevelopment plan. Changes
which (1) add | ||||||
2 | additional parcels of property to the proposed redevelopment
| ||||||
3 | project
area, (2) substantially affect the general land uses | ||||||
4 | proposed in the
redevelopment plan, or (3) substantially change | ||||||
5 | the nature of or extend the
life of the redevelopment
project | ||||||
6 | shall be made only after the
municipality gives notice, | ||||||
7 | convenes a joint review board, and conducts a public
hearing | ||||||
8 | pursuant to the procedures set forth in this Section and in | ||||||
9 | Section
11-74.6-25. Changes which do not (1) add additional | ||||||
10 | parcels of
property to the proposed redevelopment project area, | ||||||
11 | (2) substantially affect
the general land uses proposed in the | ||||||
12 | redevelopment plan, or (3) substantially
change the nature of | ||||||
13 | or extend the life of the redevelopment project may be
made | ||||||
14 | without further hearing, provided that the municipality shall | ||||||
15 | give notice
of any such changes by mail to each affected taxing | ||||||
16 | district and by publication
once in a newspaper of general | ||||||
17 | circulation within the affected taxing district.
Such notice by | ||||||
18 | mail and by publication shall each occur not later than 10 days
| ||||||
19 | following the adoption by ordinance of such changes.
| ||||||
20 | (b) Before adoption of an ordinance proposing the | ||||||
21 | designation of a
redevelopment planning area or a redevelopment | ||||||
22 | project area, or both, or
amending the boundaries of an | ||||||
23 | existing
redevelopment project area or redevelopment planning | ||||||
24 | area, or both, the
municipality shall convene a joint review
| ||||||
25 | board to consider the proposal. The board shall consist of a
| ||||||
26 | representative selected by each taxing district that has
|
| |||||||
| |||||||
1 | authority to levy real property taxes on the property within | ||||||
2 | the proposed
redevelopment project area and that has at least | ||||||
3 | 5% of its total equalized
assessed value located within the | ||||||
4 | proposed redevelopment project area, a
representative selected | ||||||
5 | by the municipality
and a public member. The public member and | ||||||
6 | the board's chairperson shall
be selected by a majority of | ||||||
7 | other board members.
| ||||||
8 | All board members shall be appointed and the first board | ||||||
9 | meeting held
within 14 days following the notice by the | ||||||
10 | municipality to all the taxing
districts as required by | ||||||
11 | subsection (c) of Section 11-74.6-25. The notice
shall also | ||||||
12 | advise the taxing bodies represented on the joint review board
| ||||||
13 | of the time and place of the first meeting of the board. | ||||||
14 | Additional
meetings of the board shall be held upon the call of | ||||||
15 | any 2 members. The
municipality seeking designation of the | ||||||
16 | redevelopment project area may provide
administrative support | ||||||
17 | to the board.
| ||||||
18 | The board shall review the public record, planning | ||||||
19 | documents and
proposed ordinances approving the redevelopment | ||||||
20 | plan and project to be
adopted by the municipality. As part of | ||||||
21 | its deliberations, the board may
hold additional hearings on | ||||||
22 | the proposal. A board's recommendation, if any,
shall be a | ||||||
23 | written recommendation adopted by a
majority vote of the board | ||||||
24 | and submitted to the municipality within 30 days
after the | ||||||
25 | board convenes. A board's recommendation shall be binding upon | ||||||
26 | the
municipality. Failure of the board to submit
its |
| |||||||
| |||||||
1 | recommendation on a timely basis shall not be cause to delay | ||||||
2 | the public
hearing or the process of establishing or amending | ||||||
3 | the
redevelopment project area. The board's recommendation on | ||||||
4 | the proposal
shall be based upon the area satisfying the | ||||||
5 | applicable eligibility criteria
defined in Section 11-74.6-10 | ||||||
6 | and whether there is a basis for the
municipal findings set | ||||||
7 | forth in the redevelopment plan as required by this
Act. If the | ||||||
8 | board does not file a recommendation it shall be presumed that
| ||||||
9 | the board has found that the redevelopment project area | ||||||
10 | satisfies the
eligibility criteria.
| ||||||
11 | (c) After a municipality has by ordinance approved a | ||||||
12 | redevelopment plan
and designated a redevelopment planning | ||||||
13 | area or a redevelopment project area,
or both, the plan may be
| ||||||
14 | amended and additional properties may be added to the | ||||||
15 | redevelopment project
area only as herein provided. Amendments
| ||||||
16 | which (1) add additional parcels of property to the proposed | ||||||
17 | redevelopment
project
area, (2) substantially affect the | ||||||
18 | general land uses proposed in the
redevelopment plan, (3) | ||||||
19 | substantially change the nature of the redevelopment
project,
| ||||||
20 | (4) increase the total estimated
redevelopment project costs | ||||||
21 | set out in the redevelopment plan by more than 5%
after | ||||||
22 | adjustment for inflation from the date the plan was adopted, or
| ||||||
23 | (5) add additional redevelopment project costs to the itemized | ||||||
24 | list of
redevelopment project costs set out in the | ||||||
25 | redevelopment plan
shall be made only after the municipality | ||||||
26 | gives notice,
convenes a joint review board, and conducts a |
| |||||||
| |||||||
1 | public hearing pursuant to the
procedures set forth in this | ||||||
2 | Section and in Section 11-74.6-25.
Changes which do not (1) add | ||||||
3 | additional parcels of property to the proposed
redevelopment | ||||||
4 | project area, (2) substantially affect the general land uses
| ||||||
5 | proposed in the redevelopment plan, (3) substantially change | ||||||
6 | the nature
of the redevelopment project, (4) increase the total | ||||||
7 | estimated redevelopment
project cost set out in the | ||||||
8 | redevelopment plan by more than 5% after adjustment
for | ||||||
9 | inflation from the date the plan was adopted, or (5) add | ||||||
10 | additional
redevelopment project costs to the itemized list of | ||||||
11 | redevelopment project costs
set out in the redevelopment plan
| ||||||
12 | may be made without further hearing, provided that the | ||||||
13 | municipality
shall give notice of any such changes by mail to | ||||||
14 | each affected taxing district
and by publication once in a | ||||||
15 | newspaper of general circulation within the affected
taxing | ||||||
16 | district. Such notice by mail and by publication shall each | ||||||
17 | occur not
later than 10 days following the adoption by | ||||||
18 | ordinance of such changes.
| ||||||
19 | (d) After the effective date of this amendatory Act of the | ||||||
20 | 91st General
Assembly, a
municipality shall
submit the | ||||||
21 | following information for each redevelopment project area (i) | ||||||
22 | to
the State Comptroller under Section 8-8-3.5 of the Illinois | ||||||
23 | Municipal Code , subject to any extensions or exemptions | ||||||
24 | provided at the Comptroller's discretion under that Section, | ||||||
25 | and (ii) to all taxing districts overlapping
the
redevelopment | ||||||
26 | project area
no later than 180
days after the close of each |
| |||||||
| |||||||
1 | municipal fiscal year or as soon thereafter as
the audited | ||||||
2 | financial statements become available and, in any case, shall | ||||||
3 | be
submitted before the annual meeting of the joint review | ||||||
4 | board to each of the
taxing districts that overlap the | ||||||
5 | redevelopment project area:
| ||||||
6 | (1) Any amendments to the redevelopment plan, or the | ||||||
7 | redevelopment
project area.
| ||||||
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 of tax | ||||||
14 | increment revenues has been deposited in
the fund.
| ||||||
15 | (3) Certification of the Chief Executive Officer of the | ||||||
16 | municipality
that the municipality has complied with all of | ||||||
17 | the requirements of this Act
during the preceding fiscal | ||||||
18 | 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;
|
| |||||||
| |||||||
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 | project costs shall be designated as
surplus as set | ||||||
16 | forth in Section
11-74.6-30 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:
|
| |||||||
| |||||||
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 by | ||||||
6 | the municipality
with regard to the disposition or | ||||||
7 | redevelopment of any property within the
redevelopment | ||||||
8 | project area.
| ||||||
9 | (D) Additional information on the use of all funds | ||||||
10 | received under this
Division and steps taken by the
| ||||||
11 | municipality to achieve the objectives of the | ||||||
12 | redevelopment plan.
| ||||||
13 | (E) Information regarding contracts that the | ||||||
14 | municipality's tax
increment advisors or consultants | ||||||
15 | have entered into with entities or persons
that have | ||||||
16 | received, or are receiving, payments financed by tax | ||||||
17 | increment
revenues produced
by the same redevelopment | ||||||
18 | project area.
| ||||||
19 | (F) Any reports submitted to the municipality by | ||||||
20 | the joint review
board.
| ||||||
21 | (G) A review of public and, to the extent possible, | ||||||
22 | private investment
actually undertaken to date after | ||||||
23 | the effective date of this amendatory Act of
the 91st | ||||||
24 | General Assembly and estimated to be undertaken during | ||||||
25 | the following
year. This review
shall, on a | ||||||
26 | project-by-project basis, set forth the estimated |
| |||||||
| |||||||
1 | amounts of public
and private investment incurred | ||||||
2 | after the effective date of this amendatory Act
of the | ||||||
3 | 91st General Assembly
and provide the ratio of private | ||||||
4 | investment to public investment to the date of
the | ||||||
5 | report and as estimated to the completion of the | ||||||
6 | redevelopment project.
| ||||||
7 | (8) With regard to any obligations issued by the | ||||||
8 | municipality:
| ||||||
9 | (A) copies of any official statements; and
| ||||||
10 | (B) an analysis prepared by financial advisor or | ||||||
11 | underwriter setting
forth: (i) nature and term of | ||||||
12 | obligation; and (ii) projected debt service
including | ||||||
13 | required reserves and debt coverage.
| ||||||
14 | (9) For special tax allocation funds that have received | ||||||
15 | cumulative
deposits of incremental tax revenues of | ||||||
16 | $100,000 or more, a certified audit
report reviewing | ||||||
17 | compliance with
this Act
performed by an independent public | ||||||
18 | accountant certified and licensed by the
authority of the | ||||||
19 | State of Illinois. The financial portion of the audit
must | ||||||
20 | be conducted in accordance with Standards for Audits of | ||||||
21 | Governmental
Organizations, Programs, Activities, and | ||||||
22 | Functions adopted by the
Comptroller General of the United | ||||||
23 | States (1981), as amended, or the standards
specified
by | ||||||
24 | Section 8-8-5 of the Illinois Municipal Auditing Law of the | ||||||
25 | Illinois
Municipal Code. The audit
report shall contain a | ||||||
26 | letter from the independent certified public accountant
|
| |||||||
| |||||||
1 | indicating compliance or noncompliance with the | ||||||
2 | requirements
of subsection (o) of Section 11-74.6-10.
| ||||||
3 | (e) The joint review board shall meet annually 180 days
| ||||||
4 | after the close of the municipal fiscal year or as soon as the | ||||||
5 | redevelopment
project audit for that fiscal year becomes | ||||||
6 | available to review the
effectiveness and status of the | ||||||
7 | redevelopment project area up to that date.
| ||||||
8 | (Source: P.A. 97-146, eff. 1-1-12.)
|