Illinois 2023-2024 Regular Session

Illinois House Bill HB1216 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: New Act Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately. LRB103 05028 AWJ 50041 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED: New Act New Act Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately. LRB103 05028 AWJ 50041 b LRB103 05028 AWJ 50041 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Metro
15	15	5 East Development Act.
16	16	6 Section 5. Legislative findings and purpose.
17	17	7 (a) The General Assembly finds that:
18	18	8 (1) blight, deterioration, and decay in the Metro East
19	19	9 counties of Madison, Monroe, Randolph, and St. Clair have
20	20	10 resulted in the following problems:
21	21	11 (A) the inefficient and wasteful use of land
22	22	12 resources;
23	23	13 (B) the destruction of irreplaceable natural,
24	24	14 industrial, recreational, residential, and commercial
25	25	15 resources;
26	26	16 (C) diminished opportunities for the home-building
27	27	17 industry to replace substandard housing and to operate
28	28	18 at the industry's highest potential by providing good
29	29	19 housing for those who now live in depressed areas and
30	30	20 those expected to move to depressed areas in the
31	31	21 future;
32	32	22 (D) the need for costly public facilities and
33	33	23 services at all levels;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Metro East Development Act. Sets forth legislative findings concerning the need for a Metro East Development Authority. Provides for creation of the Authority. Allows the Authority to hire an executive director. Lists the rights, powers, and duties of the Authority, including the power to borrow money and to issue bonds. Provides that the Authority shall perform an initial study and survey to determine what areas will be considered a depressed area that contain a blighted area. Provides for requirements related to meetings, public hearings, and administrative and judicial review of Authority projects. Provides for limitations on the Authority's powers. Describes procedures for procurement of debt and bonds, execution of deeds, demolition and removal of buildings, purchase of property, contracts, and costs of projects. Gives the Authority the power to investigate the conditions of any project in which it has an interest. Effective immediately.
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68	68	1 (E) unduly limited housing options for many
69	69	2 residents of depressed areas;
70	70	3 (F) the failure to make the most economic use of
71	71	4 the land available for development in depressed areas;
72	72	5 (G) diminished employment and business
73	73	6 opportunities for citizens of depressed areas and, as
74	74	7 a result, the inability of depressed areas to retain a
75	75	8 tax base adequate to support vital services for
76	76	9 citizens in those areas, particularly the poor and
77	77	10 disadvantaged; and
78	78	11 (H) decreased effectiveness of public and private
79	79	12 facilities for urban transportation; and
80	80	13 (2) better patterns of development and revitalization
81	81	14 in the Metro East's depressed areas are essential to
82	82	15 accommodate future population growth, to prevent further
83	83	16 deterioration of the area and further deterioration of the
84	84	17 people's physical and social environment, and to make a
85	85	18 positive contribution to improving the overall quality of
86	86	19 life in the Metro East's depressed areas;
87	87	20 (3) maintenance of the health, welfare, morals, and
88	88	21 safety of the depressed area's citizens requires
89	89	22 well-planned, diversified, and economically sound
90	90	23 community development, including major economic
91	91	24 developments in those areas; and
92	92	25 (4) desirable community development on a large scale
93	93	26 has been prevented by difficulties in:
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104	104	1 (1) obtaining adequate financing at moderate cost
105	105	2 for enterprises that involve large initial capital
106	106	3 investment, extensive periods before investment can be
107	107	4 returned, and regular patterns of return;
108	108	5 (2) assembling in a timely manner sufficiently
109	109	6 large sites in economically favorable locations at
110	110	7 reasonable costs; and
111	111	8 (3) making, in a timely and coordinated manner,
112	112	9 necessary arrangements among all private and public
113	113	10 organizations involved in providing site-related
114	114	11 improvements, such as improvements to streets, sewer
115	115	12 and water facilities, and other public and community
116	116	13 facilities and accommodations.
117	117	14 (b) It is the purpose of this Act to address and resolve
118	118	15 these issues through the creation of the Metro East
119	119	16 Development Authority.
120	120	17 Section 10. Definitions. As used in this Act, unless the
121	121	18 context requires otherwise:
122	122	19 "Authority" means the Metro East Development Authority
123	123	20 created by this Act.
124	124	21 "Blighted area" means an area of not less than 2 acres, in
125	125	22 the aggregate, located within the territorial limits of a
126	126	23 depressed area and within which commercial, industrial,
127	127	24 residential, recreational, or educational buildings,
128	128	25 facilities, or improvements are detrimental to the public
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139	139	1 safety, health, morals, or welfare, because of age,
140	140	2 dilapidation, obsolescence, overcrowding, inadequate
141	141	3 ventilation, inadequate lighting, inadequate sanitary
142	142	4 facilities, inadequate utilities, excessive land coverage,
143	143	5 deleterious land use or layout, or any combination of those
144	144	6 factors.
145	145	7 "Depressed area" means an area in the Metro East that the
146	146	8 Authority determines needs redevelopment under this Act.
147	147	9 "Land development" means the process of clearing and
148	148	10 grading land; making, installing, or constructing water lines
149	149	11 and water supply installations, sewer lines, sewage disposal
150	150	12 installations, steam plants, gas plants, electricity plants,
151	151	13 roads, streets, curbs, gutters, sidewalks, storm drainage
152	152	14 facilities, and other installations or work, whether on or off
153	153	15 the site, which the Authority deems necessary or desirable to
154	154	16 prepare land for residential, commercial, industrial, or other
155	155	17 uses or to provide public facilities or services. "Land
156	156	18 development" further means to construct, acquire by gift or
157	157	19 purchase, reconstruct, improve, better, or extend any project
158	158	20 within or without the Metro East area or partially within the
159	159	21 Metro East area, but in no event farther than 3 miles from the
160	160	22 territorial boundaries of the Metro East area, and to acquire
161	161	23 by gift or purchase lands or rights in land in connection
162	162	24 within the Metro East area.
163	163	25 "Metro East" means Madison, Monroe, Randolph, and St.
164	164	26 Clair counties.
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175	175	1 "Project" means any utility, structure, facility, or other
176	176	2 undertaking that will implement a defined, organized, planned
177	177	3 and scheduled, diversified, economically and technologically
178	178	4 sound, quality community environment, which the Authority is
179	179	5 authorized to construct, reconstruct, improve, equip, or
180	180	6 furnish under this Act. "Project" includes, but is not limited
181	181	7 to, buildings and other facilities intended for use as
182	182	8 classrooms, laboratories, student residence halls,
183	183	9 instructional and administrative facilities for students,
184	184	10 faculty, officers, and employees, motor vehicle parking
185	185	11 facilities and fixed equipment, industrial or manufacturing
186	186	12 plants or facilities, any industrial park, any commercial
187	187	13 facilities, the construction or improvement of streets,
188	188	14 sidewalks, and sewer and water facilities, the construction of
189	189	15 schools, parks, playgrounds, community and municipal
190	190	16 buildings, and the implementation of new community development
191	191	17 programs. "Project" further includes, but is not limited to,
192	192	18 apartments, housing facilities, health, hospital and medical
193	193	19 facilities, stadiums, physical education installations,
194	194	20 hotels, motels, dormitories, aquariums, museums, convention
195	195	21 centers, planetariums, civic buildings, nursing homes,
196	196	22 harbors, and terminal facilities. "Project" does not include
197	197	23 the financing for or the construction of plants, projects, or
198	198	24 facilities for (1) the manufacture or generation of electric
199	199	25 energy in competition with an electric supplier as defined in
200	200	26 the Electric Supplier Act or (2) the transmission,
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211	211	1 distribution, or manufacture of gas in competition with a
212	212	2 public utility as defined in the Public Utilities Act.
213	213	3 "Redevelopment area" means a blighted area to be developed
214	214	4 in accordance with a redevelopment plan.
215	215	5 "Redevelopment plan" means a comprehensive plan developed
216	216	6 pursuant to this Act for clearing, eliminating,
217	217	7 rehabilitating, or developing a blighted area and protecting
218	218	8 adjacent areas, as well as all administrative and financial
219	219	9 details and proposals necessary to effectuate the plan,
220	220	10 including, but not limited to, a new community development
221	221	11 program.
222	222	12 Section 15. There is created a Metro East Development
223	223	13 Authority within the State of Illinois. The Authority shall:
224	224	14 (1) act as public developer in carrying out community
225	225	15 development programs in and for depressed areas;
226	226	16 (2) make available adequate assistance necessary for
227	227	17 improving depressed areas and to do so through the use of
228	228	18 management task force procedures that will rely to the
229	229	19 maximum extent on private enterprise;
230	230	20 (3) strengthen the capacity of the State and federal
231	231	21 governments to make their resources available to the
232	232	22 people of depressed areas;
233	233	23 (4) increase, for all persons living in depressed
234	234	24 areas, the available choices of locations for living and
235	235	25 working, by providing a more just economic and social
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246	246	1 environment;
247	247	2 (5) encourage the highest economic use of commercial,
248	248	3 industrial, residential, recreational, and educational
249	249	4 building sites at reasonable costs;
250	250	5 (6) use improved technology to produce the large
251	251	6 volume of well-designed housing needed to accommodate
252	252	7 residents of depressed areas;
253	253	8 (7) help create neighborhoods designed for easier
254	254	9 access between the places where people live and the place
255	255	10 where they work and find recreation;
256	256	11 (8) encourage desirable innovations in meeting
257	257	12 domestic problems whether physical, economic, or social;
258	258	13 and
259	259	14 (9) assist, plan, develop, build, or construct within
260	260	15 the depressed area any facility or project to enhance the
261	261	16 community environment when requested to do so by any
262	262	17 State, county, or federal agency, school district,
263	263	18 community college, municipality, municipal corporation,
264	264	19 special district, authority, local or State public body,
265	265	20 commission, public corporation, or entity within that
266	266	21 area.
267	267	22 Section 20. Members; compensation. The Authority shall
268	268	23 consist of the following members: the Director of Commerce and
269	269	24 Economic Opportunity or the Director's designee, the Executive
270	270	25 Director of the Illinois Housing Development Authority or the
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281	281	1 Executive Director's designee, the Executive Director of the
282	282	2 Illinois Finance Authority or the Executive Director's
283	283	3 designee, 3 members appointed by the chairperson of the county
284	284	4 board of Madison County, 3 members appointed by the
285	285	5 chairperson of the county board of Monroe County, 3 members
286	286	6 appointed by the chairperson of the county board of Randolph
287	287	7 County, and 3 members appointed by the chairperson of the
288	288	8 county board of St. Clair County. The other member of the
289	289	9 Authority shall be appointed by the Governor, by and with the
290	290	10 advice and consent of the Senate. One member of the Authority
291	291	11 shall be designated as chairperson by the members of the
292	292	12 Authority.
293	293	13 If the Senate is not in session when the appointment is
294	294	14 made, the Governor shall make a temporary appointment as in
295	295	15 the case of a vacancy. The member appointed by the Governor
296	296	16 shall serve for a 4-year term expiring on the third Monday in
297	297	17 January or until his or her successor is appointed and
298	298	18 qualified. Any vacancy occurring in the office held by the
299	299	19 member appointed by the Governor, whether by death,
300	300	20 resignation, or otherwise, shall be filled by the Governor in
301	301	21 the same manner as the original appointment. A member
302	302	22 appointed to fill a vacancy shall serve for the remainder of
303	303	23 the unexpired term or until his or her successor is appointed
304	304	24 and qualified.
305	305	25 Members of the Authority shall serve without compensation
306	306	26 but shall be reimbursed for their reasonable expenses
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317	317	1 necessarily incurred in the performance of their duties and
318	318	2 the exercise of their powers under this Act. Each member
319	319	3 shall, before entering upon the duties of his or her office,
320	320	4 take and subscribe to the constitutional oath of office. The
321	321	5 oath shall be filed in the office of the Secretary of State.
322	322	6 Section 25. Meetings. The Authority shall meet at the
323	323	7 times and places as determined by the Authority or on call of
324	324	8 the chairman after at least 5 days' written notice to the
325	325	9 members or the request of 2 or more members. Seven members
326	326	10 shall constitute a quorum. No vacancy in the membership shall
327	327	11 impair the right of a quorum of the members to exercise all of
328	328	12 the rights and powers, and to perform all of the duties, of the
329	329	13 Authority.
330	330	14 Section 30. Executive director; other employees. The
331	331	15 Authority may employ and fix the compensation of an executive
332	332	16 director, to serve as the chief executive officer of the
333	333	17 Authority, and other agents or employees as it considers
334	334	18 necessary or desirable. Agents and employees, other than of
335	335	19 technical or engineering personnel, are subject to the
336	336	20 Personnel Code. If any employees are transferred to the
337	337	21 Authority from any other State agency, the transfer does not
338	338	22 affect the status of the employees under the Personnel Code,
339	339	23 under any retirement system under the Illinois Pension Code,
340	340	24 or under any civil service, merit service, or other law
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351	351	1 relating to State employment.
352	352	2 Section 35. Rights, powers, and duties. The Authority has
353	353	3 the following rights, powers, and duties:
354	354	4 (1) To sue and be sued, implead and be impleaded, and
355	355	5 complain and defend in all courts.
356	356	6 (2) To adopt rules for the management and regulation
357	357	7 of its affairs.
358	358	8 (3) To acquire, by purchase or gift, and hold or
359	359	9 dispose of real or personal property or rights or
360	360	10 interests in those gifts or property.
361	361	11 (4) To accept loans or grants of money or materials or
362	362	12 property of any kind from a federal or State agency or
363	363	13 department or others, upon terms and conditions as may be
364	364	14 imposed by the federal or State agency or department.
365	365	15 (5) To borrow money to implement any project or any
366	366	16 combination of projects.
367	367	17 (6) To recommend the issuance of revenue bonds to
368	368	18 implement any project or combination of projects.
369	369	19 (7) To make contracts and leases, exercise all
370	370	20 instruments, and perform all acts and do all things
371	371	21 necessary or convenient to carry out the powers granted in
372	372	22 this Act.
373	373	23 (8) To develop and recommend to the depressed areas of
374	374	24 the Metro East a redevelopment plan for community growth
375	375	25 and development of depressed areas.
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386	386	1 (9) To collect, analyze, and evaluate statistics,
387	387	2 data, and other information (including demographic,
388	388	3 economic, social, environmental and governmental
389	389	4 information) as will enable the Authority to transmit to
390	390	5 the corporate authorities within the Metro East depressed
391	391	6 areas, at the beginning of each year, a required report on
392	392	7 the growth of depressed areas for the year passed. Such
393	393	8 report shall include, but not be limited to:
394	394	9 (A) information and statistics describing
395	395	10 characteristics of depressed areas growth and
396	396	11 stabilization and identifying significant trends and
397	397	12 developments;
398	398	13 (B) a summary of significant problems facing
399	399	14 depressed areas as to their growth trends and
400	400	15 development;
401	401	16 (C) an evaluation of the progress and
402	402	17 effectiveness of federal, State, and local programs
403	403	18 designed to meet problems facing depressed areas and
404	404	19 to carry out the depressed areas urban growth
405	405	20 policies;
406	406	21 (D) an assessment of the policies and structures
407	407	22 of existing and proposed interstate and regional
408	408	23 planning and development affecting these policies; and
409	409	24 (E) a review of State, federal, local, and private
410	410	25 policies, plans, and programs relevant to the
411	411	26 Authority's policies.
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422	422	1 (10) To lease or rent any of the housing or other
423	423	2 accommodations or any of the lands, buildings, structures,
424	424	3 or facilities in which the Authority holds fee simple or
425	425	4 lesser interest, and to otherwise sell, exchange,
426	426	5 transfer, or assign any property, real or personal, or any
427	427	6 interest in any property, and to own, hold, clear, and
428	428	7 improve property.
429	429	8 (11) To acquire by purchase, gift, or as otherwise
430	430	9 provided in this Act the fee simple or lesser title to all
431	431	10 or any part of the real property in any redevelopment
432	432	11 area.
433	433	12 (12) To renovate or rehabilitate any structure or
434	434	13 building acquired, or, if any structure or building or the
435	435	14 land supporting it has been acquired, to permit the owner
436	436	15 to renovate or rebuild the structure or building in
437	437	16 accordance with a redevelopment plan.
438	438	17 (13) To install, repair, construct, reconstruct, or
439	439	18 relocate streets, roads, alleys, sidewalks, utilities, and
440	440	19 site improvements essential to the preparation of the
441	441	20 redevelopment area for use in accordance with a
442	442	21 redevelopment plan.
443	443	22 (14) To mortgage or convey real or personal property
444	444	23 acquired for use in accordance with a redevelopment plan.
445	445	24 (15) To borrow money, apply for and accept advances,
446	446	25 loans, gifts, grants, contributions, services, or other
447	447	26 financial assistance from the federal government or any
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458	458	1 agency or instrumentality of the federal government, the
459	459	2 State, county, municipality, or other public body or from
460	460	3 any source, public or private, for or in aid of any of the
461	461	4 purposes of the redevelopment plan, and to secure the
462	462	5 payment of any loans or advances by the issuance of
463	463	6 revenue bonds and by the pledge of any loan, grant, or
464	464	7 contribution, or any part of those, or the contracts, to
465	465	8 be received from the federal government or any agency or
466	466	9 instrumentality of the federal government, and to enter
467	467	10 into and carry out contracts in connection with these
468	468	11 activities.
469	469	12 (16) To create parks, playgrounds, recreational
470	470	13 community education, or water, sewer, or drainage
471	471	14 facilities, or any other work which it is otherwise
472	472	15 empowered to undertake, adjacent to or in connection with
473	473	16 housing projects.
474	474	17 (17) To dedicate, sell, convey, or lease any of its
475	475	18 interests in any property, or grant easements, licenses,
476	476	19 or other rights or privileges therein to a public housing
477	477	20 development body or the federal or State governments.
478	478	21 (18) To exercise all powers available to land
479	479	22 clearance commissions under the Blighted Areas
480	480	23 Redevelopment Act of 1947, as now or hereafter amended,
481	481	24 and to initiate and implement slum and blighted areas
482	482	25 redevelopment projects. However, the Authority shall not
483	483	26 exercise eminent domain powers under the Blighted Areas
484	484
485	485
486	486
487	487
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494	494	1 Redevelopment Act of 1947, and with reference to the
495	495	2 exercise of eminent domain authority, this Act shall
496	496	3 control.
497	497	4 (19) To develop a comprehensive redevelopment plan for
498	498	5 each neighborhood in the depressed area.
499	499	6 (20) To hold public hearings on redevelopment plans.
500	500	7 (21) To fix, alter, charge, and collect fees, rentals,
501	501	8 and other charges for the use of the facilities of or for
502	502	9 the services rendered by the Authority, or projects of the
503	503	10 Authority, at rates to be determined by agreement or
504	504	11 otherwise, for the purpose of providing for the expenses
505	505	12 of the Authority, the construction, improvement, repair,
506	506	13 equipping, and furnishing of its facilities and
507	507	14 properties, the payment of the principal and interest on
508	508	15 its obligations and to fulfill the terms and provisions of
509	509	16 any agreements made with the purchasers or holders of any
510	510	17 obligations. The fees, rentals, and other charges include
511	511	18 charges for interest due bond holders on all outstanding
512	512	19 construction and improvement, and engineering and
513	513	20 administration costs not reimbursed to the Authority, and
514	514	21 include charges to reimburse completely the Authority
515	515	22 beginning in an appropriate year for the principal on the
516	516	23 bonds within a period of years specified by the Authority
517	517	24 to meet its bond payment schedules.
518	518	25 (22) To borrow money under a revenue bond ordinance or
519	519	26 resolution passed by the Authority within 4 years after
520	520
521	521
522	522
523	523
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530	530	1 the effective date of this Act, for the acquisition,
531	531	2 construction, and improvement of projects in amounts as
532	532	3 necessary for defraying the cost of the projects and to
533	533	4 secure the payment of all or any of its revenues, rentals,
534	534	5 and receipts, and to make agreements with the purchasers
535	535	6 or holders of the bonds or with others in connection with
536	536	7 any bonds whether issued or to be issued, as the Authority
537	537	8 deems advisable and, in general, to provide for the
538	538	9 security of the bonds and the rights of the holders of the
539	539	10 bonds.
540	540	11 However, bonds may not be issued by the Authority
541	541	12 unless the Authority offers, in writing, to the State
542	542	13 agencies or counties represented by members on the
543	543	14 Authority, excluding the member appointed by the Governor,
544	544	15 the first opportunity to issue revenue bonds for the
545	545	16 project or combination of projects. If the offer to issue
546	546	17 bonds is not accepted in writing within 6 weeks, by any of
547	547	18 the agencies or municipalities, the Authority may issue
548	548	19 revenue bonds for the purpose for which the bonding
549	549	20 opportunity was offered to the agencies or municipalities.
550	550	21 (23) To provide that any real property sold by the
551	551	22 Authority is used in accordance with the final
552	552	23 redevelopment plan, and the Authority shall inquire into
553	553	24 and satisfy themselves concerning the financial ability of
554	554	25 the purchaser to complete the redevelopment in accordance
555	555	26 with the redevelopment plan and shall require the
556	556
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562	562
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566	566	1 purchaser to execute in writing such undertakings as the
567	567	2 Authority deems necessary to obligate the purchaser to:
568	568	3 (A) use the land for the purposes designated in
569	569	4 the approved plan;
570	570	5 (B) commence and complete the building of the
571	571	6 improvements within the periods of time which the
572	572	7 Authority fixes as reasonable; and
573	573	8 (C) comply with other conditions as are necessary
574	574	9 to carry out the purposes of the final redevelopment
575	575	10 plan.
576	576	11 (24) To sell any property within a redevelopment area
577	577	12 that the Authority holds the fee simple title or any
578	578	13 lesser interest, provided that all real property shall be
579	579	14 sold for at least its use value, which may be less than its
580	580	15 acquisition cost.
581	581	16 (25) To pledge, hypothecate, or otherwise encumber all
582	582	17 or any of the revenues or receipts of the Authority as
583	583	18 security for all or any of the obligations of the
584	584	19 Authority.
585	585	20 (26) To pass all resolutions and make all rules and
586	586	21 regulations proper and necessary to give effect to the
587	587	22 power granted to the Authority under this Act.
588	588	23 Section 45. Depressed areas.
589	589	24 (a) The Authority shall, by resolution, perform an initial
590	590	25 study and survey to determine what areas will be considered a
591	591
592	592
593	593
594	594
595	595
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597	597
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601	601	1 depressed area that contains a blighted area.
602	602	2 In making the study and survey, the Authority shall:
603	603	3 (1) cooperate with and use evidence gathered by any
604	604	4 public or private organization relative to the existence
605	605	5 or extent of blight in the depressed area;
606	606	6 (2) hold public hearings, conduct investigations, hear
607	607	7 testimony, and gather evidence relating to blight and its
608	608	8 elimination;
609	609	9 (3) create an advisory committee of not less than 11
610	610	10 persons, to be appointed by the chairperson, with the
611	611	11 approval of the Authority, and the committee shall consist
612	612	12 of representatives from among local merchants, property
613	613	13 owners, associations, human relations commissions, labor
614	614	14 organizations, and other civic groups; and
615	615	15 (4) formulate a proposed redevelopment plan for Metro
616	616	16 East blighted areas, provided that the plan has received
617	617	17 the approval and recommendations of a two-thirds majority
618	618	18 vote of the members.
619	619	19 (b) If, as a result of their initial study and survey, the
620	620	20 Authority determines that the depressed areas have one or more
621	621	21 commercially, industrially, residentially, recreationally,
622	622	22 educationally, or other blighted areas, the Authority may, by
623	623	23 resolution, set forth the boundaries of each blighted area and
624	624	24 the factors that exist in the blighted area that are
625	625	25 detrimental to the public health, safety, morals, and welfare.
626	626	26 In the same resolution, the Authority may provide for a
627	627
628	628
629	629
630	630
631	631
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633	633
634	634
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637	637	1 public hearing on the designation of an area as a blighted area
638	638	2 and may submit proposed redevelopment plans for the blighted
639	639	3 area.
640	640	4 At least 20 days before the hearing, the Authority shall
641	641	5 give notice of the hearing by publication at least once in a
642	642	6 newspaper of general circulation within the depressed area.
643	643	7 (c) At the hearing on the designation of an area as a
644	644	8 blighted area, the Authority shall introduce the testimony and
645	645	9 evidence that entered into their decision to declare an area a
646	646	10 blighted area, and shall enter into the record of the
647	647	11 proceedings all proposed redevelopment plans received at or
648	648	12 prior to the hearing. All interested persons may appear and
649	649	13 shall be given an opportunity to testify for or against any
650	650	14 proposed redevelopment plan. The hearing may be continued from
651	651	15 time to time at the discretion of the Authority to allow
652	652	16 necessary changes in any proposed plan or to hear or receive
653	653	17 additional testimony from interested persons.
654	654	18 (d) At the conclusion of the hearing on blight, the
655	655	19 Authority shall formulate and publish a final redevelopment
656	656	20 plan for the blighted area after approval of a two-thirds
657	657	21 majority vote of the members of the advisory committee, which
658	658	22 plan may incorporate any exhibit, plan, proposal, feature,
659	659	23 model, or testimony resulting from the hearing. The final
660	660	24 redevelopment plan shall be presented to the corporate
661	661	25 authorities in the territory covered by the redevelopment
662	662	26 plan. The final redevelopment plan shall be made available for
663	663
664	664
665	665
666	666
667	667
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669	669
670	670
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672	672	HB1216 - 19 - LRB103 05028 AWJ 50041 b
673	673	1 inspection by all interested parties.
674	674	2 (e) Within 30 days after the publication of a final
675	675	3 redevelopment plan, any person aggrieved by the action of the
676	676	4 Authority may seek a review of the decision and the
677	677	5 redevelopment plan under the Administrative Review Law. The
678	678	6 provisions of that Law and the rules adopted pursuant to that
679	679	7 Law shall apply to review of the final redevelopment plan. If
680	680	8 no action is initiated under the Administrative Review Law, or
681	681	9 if the court sustains the Authority and the redevelopment plan
682	682	10 as presented, or as amended by the court, the Authority may
683	683	11 proceed to carry out the final redevelopment plan.
684	684	12 Section 50. Debt; bonds. The Authority is authorized and
685	685	13 empowered to incur indebtedness and issue revenue bonds in
686	686	14 compliance with paragraph (22) of Section 35 for the purpose
687	687	15 of raising funds for carrying out the provisions of a final
688	688	16 redevelopment plan providing for the eradication and
689	689	17 elimination of blight and acquisition, development or
690	690	18 redevelopment of blight areas and any other area which may
691	691	19 constitute a redevelopment area within the depressed area. The
692	692	20 resolution of the Authority authorizing the issuance of
693	693	21 revenue bonds shall specify the total amount of the bonds to be
694	694	22 issued, the form and denomination, the date or dates of
695	695	23 maturity which shall not be later than 20 years after the date
696	696	24 of issuance, and the rate of interest, which rate shall not
697	697	25 exceed the rate permitted in the Bond Authorization Act. The
698	698
699	699
700	700
701	701
702	702
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704	704
705	705
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708	708	1 bonds shall be executed by the officials under the bond
709	709	2 ordinance. The bonds may be made registrable to principal and
710	710	3 may be made callable on any interest payment date at par and
711	711	4 accrued interest after notice has been given in the manner
712	712	5 provided by the bond ordinance. The bonds shall remain valid
713	713	6 even though one or more of the officials executing the bonds
714	714	7 cease to hold office before the bonds are delivered.
715	715	8 The bonds shall contain a provision that the principal and
716	716	9 interest on the principal are payable exclusively from the
717	717	10 proceeds and revenues of any redevelopment plan which is
718	718	11 financed in whole or in part with the proceeds of the bonds,
719	719	12 together with whatever funds of the Authority from whatever
720	720	13 source derived as are necessary to constitute a local matching
721	721	14 cash grant-in-aid or contribution for the redevelopment plan
722	722	15 within the meaning of any applicable federal or State law.
723	723	16 Bonds may be additionally secured by a pledge of any loan,
724	724	17 grant or contribution, or any part of a loan, grant, or
725	725	18 contribution, received from the United States, or any agency
726	726	19 or instrumentality of the United States, or any loan, grant,
727	727	20 or contribution from any other public or private body,
728	728	21 instrumentality, corporation, or individual, or any duly
729	729	22 executed contract for the pledge, loan, grant, or
730	730	23 contribution.
731	731	24 The officials executing the revenue bonds are not
732	732	25 personally liable on the bonds because of their issuance. The
733	733	26 bonds are not a debt of any county or the State, or any
734	734
735	735
736	736
737	737
738	738
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740	740
741	741
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744	744	1 subdivision of the county or State. The bonds are not payable
745	745	2 out of any funds of the Authority except those indicated in
746	746	3 this Act.
747	747	4 In connection with the issuance of the revenue bonds
748	748	5 authorized by this Act and in order to secure the payment of
749	749	6 the bonds, the Authority may recommend to the corporate
750	750	7 authority in which the redevelopment plan is proposed subject
751	751	8 to the powers and limitations contained in this Act, that the
752	752	9 corporate authority convene and agree in the bonds, bond
753	753	10 ordinance, or resolution, or any trust agreement executed
754	754	11 pursuant thereto, to any necessary condition, power, duty,
755	755	12 liability, or procedure for the issuance, payment, redemption,
756	756	13 security, marketing, replacement, or refinancing of the bonds,
757	757	14 and the use, disposition or control of all or any part of the
758	758	15 revenues realized from a redevelopment or new community plan.
759	759	16 The revenue bonds issued pursuant to a resolution passed
760	760	17 by the Authority shall be sold to the highest and best bidder
761	761	18 at not less than their par value and accrued interest. The
762	762	19 Authority shall, from time to time as bonds are to be sold,
763	763	20 advertise for proposals to purchase the bonds. Each
764	764	21 advertisement may be published in newspapers and journals as
765	765	22 the Authority determines, but must be published at least once
766	766	23 in a newspaper having a general circulation in the respective
767	767	24 area at least 10 days prior to the date of the opening of the
768	768	25 bids. The Authority may reserve the rights to reject any and
769	769	26 all bids and readvertise for bids.
770	770
771	771
772	772
773	773
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776	776
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780	780	1 The bonds may be issued without submitting any proposition
781	781	2 to the electorate by referendum or otherwise.
782	782	3 Section 55. Public hearing. Before any proposed new
783	783	4 construction of a specific project or proposed rehabilitation
784	784	5 project is commenced by the Authority, a public hearing must
785	785	6 be held by the Authority affording interested persons residing
786	786	7 in the area an opportunity to be heard. There shall be a notice
787	787	8 of the time and place of the hearing published at least once,
788	788	9 not more than 30 and not less than 15 days before the hearing,
789	789	10 in one or more newspapers published in the county that the area
790	790	11 of the project is within. This notice shall contain the
791	791	12 particular site and location to be affected as well as a brief
792	792	13 statement of what is proposed in the project.
793	793	14 Section 60. Deeds. Any deed executed by the Authority
794	794	15 under this Act may contain restrictions as may be required by
795	795	16 the final redevelopment plan and necessary building and zoning
796	796	17 ordinances. All deeds of conveyance shall be executed in the
797	797	18 name of the Authority and the seal of the Authority shall be
798	798	19 attached to the deeds.
799	799	20 Section 65. Demolition and removal of buildings. The
800	800	21 Authority may enter into contracts for the demolition or
801	801	22 removal of buildings and for the removal of any debris. The
802	802	23 Authority shall advertise for sealed bids for doing this work.
803	803
804	804
805	805
806	806
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809	809
810	810
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813	813	1 The advertisement shall describe by street number or other
814	814	2 means of identification the location of buildings to be
815	815	3 demolished or removed and the time and place when sealed bids
816	816	4 for the work may be delivered to the Authority. The
817	817	5 advertisement shall be published once in a newspaper having a
818	818	6 general circulation in the respective area 20 days prior to
819	819	7 the date for receiving bids.
820	820	8 The contract for doing the work shall be let to the lowest
821	821	9 responsible bidder, but the Authority may reject any and all
822	822	10 bids received and readvertise for bids. Any contract entered
823	823	11 into by the Authority under this Section shall contain
824	824	12 provisions requiring the contractor to give bond in an amount
825	825	13 to be determined by the Authority, and shall require the
826	826	14 contractor to furnish insurance of a character and amount to
827	827	15 be determined by the Authority protecting the Authority and
828	828	16 the municipality, its officers, agents, and employees against
829	829	17 any claims for personal injuries, including death and property
830	830	18 damage which may be asserted because of the contract. The
831	831	19 Authority may include in any advertisement and in the contract
832	832	20 one or more buildings as they in their sole discretion may
833	833	21 determine.
834	834	22 Section 70. Streets. In carrying out the provisions of a
835	835	23 final redevelopment plan, the Authority may pave and improve
836	836	24 streets in the redevelopment area, construct walks, and
837	837	25 install or relocate sewers, water pipes, and other similar
838	838
839	839
840	840
841	841
842	842
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844	844
845	845
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848	848	1 facilities. The Authority shall advertise for sealed bids
849	849	2 before paving and improving streets. The advertisement shall
850	850	3 describe the nature of the work to be performed and the time
851	851	4 when and place where sealed bids for the work may be delivered
852	852	5 to the Authority. The advertisement shall be published once in
853	853	6 a newspaper having a general circulation in the county at
854	854	7 least 20 days prior to the date for receiving bids. A contract
855	855	8 for doing the work shall be let to the lowest responsible
856	856	9 bidder, but the Authority may reject any and all bids received
857	857	10 and readvertise for bids. The contractor shall enter into bond
858	858	11 as a condition for the faithful performance of the contract.
859	859	12 The sureties on the bond shall be approved by the Authority.
860	860	13 Section 75. Real property. When the Authority has acquired
861	861	14 title to, and possession of any or all real property in the
862	862	15 redevelopment area, they may convey any part of the
863	863	16 redevelopment area to which the Authority holds the fee simple
864	864	17 title or any lesser interest to any public body, or
865	865	18 State-chartered corporation, having jurisdiction over schools,
866	866	19 parks, low or moderate housing, or playgrounds in the area.
867	867	20 The property conveyed shall be used for parks, playgrounds,
868	868	21 schools, housing for low or moderate income families, and
869	869	22 other public purposes as the Authority may determine. The
870	870	23 Authority may charge for the conveyance whatever price they
871	871	24 and the officials of the public bodies, or State-chartered
872	872	25 corporations, receiving the land may agree upon. The Authority
873	873
874	874
875	875
876	876
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879	879
880	880
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883	883	1 may also grant, with or without charge, easements for public
884	884	2 utilities, sewerage, and other similar facilities.
885	885	3 Section 80. Cost of construction. The cost of construction
886	886	4 of any project includes the following:
887	887	5 (1) Obligations incurred for labor, and to
888	888	6 contractors, builders, and material men, in connection
889	889	7 with the construction of any project or projects, for
890	890	8 machinery and equipment and for the restoration of
891	891	9 property damaged or destroyed in connection with
892	892	10 construction.
893	893	11 (2) The cost of acquiring any property, real,
894	894	12 personal, or mixed, tangible or intangible, or any
895	895	13 interest property, necessary or desirable for the
896	896	14 construction of any a project or projects.
897	897	15 (3) The principal and interest requirements upon any
898	898	16 bonds for the period during which, and to the extent, the
899	899	17 rentals received by the Authority from a project or
900	900	18 projects shall be insufficient for the payment of the
901	901	19 bond, the fees and expenses of the fiscal agent of the
902	902	20 Authority in respect of the bonds during any period, and
903	903	21 the reasonable fees and expenses of any paying agents for
904	904	22 the bonds during this period.
905	905	23 (4) The taxes or other municipal or governmental
906	906	24 charges, if any, in connection with any project or
907	907	25 projects during construction.
908	908
909	909
910	910
911	911
912	912
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914	914
915	915
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918	918	1 (5) The cost and expenses of preliminary
919	919	2 investigations of the feasibility or practicality of
920	920	3 constructing any project or projects and fees and expenses
921	921	4 of engineers for making preliminary studies, surveys,
922	922	5 repairs, estimates, and for preparing plans and
923	923	6 specifications and supervising construction as well as for
924	924	7 the performance of all other duties of engineers in
925	925	8 relation to construction or the issuance of bonds for
926	926	9 construction.
927	927	10 (6) Expenses of administration properly chargeable to
928	928	11 any project or projects during construction, legal
929	929	12 expenses and fees, financing, relating charges, costs of
930	930	13 audits and of preparing and issuing bonds, and all other
931	931	14 items of expense not elsewhere specified, relating to the
932	932	15 construction of any project, and the acquisition of lands,
933	933	16 property rights, rights of way, franchises, easements, and
934	934	17 interest inland, including abstracts of title, title
935	935	18 insurance, title opinions, costs of surveys, reports, and
936	936	19 other expenses in connection with the acquisition of these
937	937	20 items.
938	938	21 Section 85. Territory outside the Metro East. The
939	939	22 Authority may not construct, acquire by gift or purchase,
940	940	23 reconstruct, improve, better, or extend any project farther
941	941	24 than 3 miles from the territorial boundaries of the Metro
942	942	25 East.
943	943
944	944
945	945
946	946
947	947
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949	949
950	950
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953	953	1 Section 90. Obligations of the State and units of local
954	954	2 government. The Authority shall not have any power to pledge
955	955	3 the credit or taxing power of the State or any unit of local
956	956	4 government. The Authority's obligations are not obligations of
957	957	5 the State or any unit of local government.
958	958	6 Section 95. Financial report. Within 60 days after the end
959	959	7 of each fiscal year, the Authority shall have prepared, by a
960	960	8 certified public accountant, a complete and detailed financial
961	961	9 report of the operation, assets, and liabilities of the
962	962	10 Authority. A sufficient number of copies of the report shall
963	963	11 be prepared for distribution to interested persons, upon
964	964	12 request, and a copy of the report shall be filed with the
965	965	13 Governor and the General Assembly.
966	966	14 Section 100. Investigation of projects. The Authority may
967	967	15 investigate conditions in any project in which it has an
968	968	16 interest. While conducting investigations, the Authority may
969	969	17 hold public hearings on its own motion, and shall do so on
970	970	18 complaint or petition of any interested person. Each member of
971	971	19 the Authority shall have power to administer oaths, and the
972	972	20 secretary, by order of the Authority, shall issue subpoenas to
973	973	21 secure the attendance and testimony of witnesses, and the
974	974	22 production of books and papers, before the Authority or before
975	975	23 any member thereof or any officer or committee appointed by
976	976
977	977
978	978
979	979
980	980
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982	982
983	983
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986	986	1 the Authority.
987	987	2 While conducting any investigation, the Authority shall,
988	988	3 at its expense, provide a stenographer to take down all
989	989	4 testimony and shall preserve a record of the proceedings. The
990	990	5 notice of hearing, complaint, and all other documents in the
991	991	6 nature of pleading and written motions and orders of decision
992	992	7 of the Authority shall constitute the record of the
993	993	8 proceedings.
994	994	9 The Authority is not required to testify and record or
995	995	10 file any answer, or otherwise respond in any proceedings for
996	996	11 judicial review of an administrative decision, unless the
997	997	12 party asking for review deposits with the clerk of the court
998	998	13 the sum of $1 per page of records of the proceedings, which is
999	999	14 the cost of the certification of the proceedings. Failure to
1000	1000	15 make this deposit is ground for dismissal of any action.
1001	1001	16 Section 105. Judicial review. All final administrative
1002	1002	17 decisions of the Authority shall be subject to judicial review
1003	1003	18 under the provisions of the Administrative Review Law and the
1004	1004	19 rules adopted pursuant to the Administrative Review Law. For
1005	1005	20 purposes of this Section, "administrative decision" has the
1006	1006	21 meaning given to that term in Section 3-101 of the Code of
1007	1007	22 Civil Procedure.
1008	1008	23 Section 110. Limitation of authority. The powers contained
1009	1009	24 in this Act shall not be exercised by the Authority:
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014
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1016	1016
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1020	1020	1 (1) within the boundaries of any municipality, or
1021	1021	2 within the boundaries of any territory over which a
1022	1022	3 municipality has jurisdiction, unless the exercise of the
1023	1023	4 powers have been approved by the mayor or village
1024	1024	5 president of the municipality; or
1025	1025	6 (2) within the boundaries of any unincorporated area
1026	1026	7 of a township unless the exercise of the powers have been
1027	1027	8 approved by the supervisor of the township.
1028	1028	9 Section 999. Effective date. This Act takes effect upon
1029	1029	10 becoming law.
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
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