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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
New Act 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.
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A BILL FOR
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HB1216 LRB103 05028 AWJ 50041 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Metro
5 East Development Act.
6 Section 5. Legislative findings and purpose.
7 (a) The General Assembly finds that:
8 (1) blight, deterioration, and decay in the Metro East
9 counties of Madison, Monroe, Randolph, and St. Clair have
10 resulted in the following problems:
11 (A) the inefficient and wasteful use of land
12 resources;
13 (B) the destruction of irreplaceable natural,
14 industrial, recreational, residential, and commercial
15 resources;
16 (C) diminished opportunities for the home-building
17 industry to replace substandard housing and to operate
18 at the industry's highest potential by providing good
19 housing for those who now live in depressed areas and
20 those expected to move to depressed areas in the
21 future;
22 (D) the need for costly public facilities and
23 services at all levels;
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1216 Introduced , by Rep. Kevin Schmidt SYNOPSIS AS INTRODUCED:
New Act 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.
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A BILL FOR
New Act
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1 (E) unduly limited housing options for many
2 residents of depressed areas;
3 (F) the failure to make the most economic use of
4 the land available for development in depressed areas;
5 (G) diminished employment and business
6 opportunities for citizens of depressed areas and, as
7 a result, the inability of depressed areas to retain a
8 tax base adequate to support vital services for
9 citizens in those areas, particularly the poor and
10 disadvantaged; and
11 (H) decreased effectiveness of public and private
12 facilities for urban transportation; and
13 (2) better patterns of development and revitalization
14 in the Metro East's depressed areas are essential to
15 accommodate future population growth, to prevent further
16 deterioration of the area and further deterioration of the
17 people's physical and social environment, and to make a
18 positive contribution to improving the overall quality of
19 life in the Metro East's depressed areas;
20 (3) maintenance of the health, welfare, morals, and
21 safety of the depressed area's citizens requires
22 well-planned, diversified, and economically sound
23 community development, including major economic
24 developments in those areas; and
25 (4) desirable community development on a large scale
26 has been prevented by difficulties in:
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1 (1) obtaining adequate financing at moderate cost
2 for enterprises that involve large initial capital
3 investment, extensive periods before investment can be
4 returned, and regular patterns of return;
5 (2) assembling in a timely manner sufficiently
6 large sites in economically favorable locations at
7 reasonable costs; and
8 (3) making, in a timely and coordinated manner,
9 necessary arrangements among all private and public
10 organizations involved in providing site-related
11 improvements, such as improvements to streets, sewer
12 and water facilities, and other public and community
13 facilities and accommodations.
14 (b) It is the purpose of this Act to address and resolve
15 these issues through the creation of the Metro East
16 Development Authority.
17 Section 10. Definitions. As used in this Act, unless the
18 context requires otherwise:
19 "Authority" means the Metro East Development Authority
20 created by this Act.
21 "Blighted area" means an area of not less than 2 acres, in
22 the aggregate, located within the territorial limits of a
23 depressed area and within which commercial, industrial,
24 residential, recreational, or educational buildings,
25 facilities, or improvements are detrimental to the public
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1 safety, health, morals, or welfare, because of age,
2 dilapidation, obsolescence, overcrowding, inadequate
3 ventilation, inadequate lighting, inadequate sanitary
4 facilities, inadequate utilities, excessive land coverage,
5 deleterious land use or layout, or any combination of those
6 factors.
7 "Depressed area" means an area in the Metro East that the
8 Authority determines needs redevelopment under this Act.
9 "Land development" means the process of clearing and
10 grading land; making, installing, or constructing water lines
11 and water supply installations, sewer lines, sewage disposal
12 installations, steam plants, gas plants, electricity plants,
13 roads, streets, curbs, gutters, sidewalks, storm drainage
14 facilities, and other installations or work, whether on or off
15 the site, which the Authority deems necessary or desirable to
16 prepare land for residential, commercial, industrial, or other
17 uses or to provide public facilities or services. "Land
18 development" further means to construct, acquire by gift or
19 purchase, reconstruct, improve, better, or extend any project
20 within or without the Metro East area or partially within the
21 Metro East area, but in no event farther than 3 miles from the
22 territorial boundaries of the Metro East area, and to acquire
23 by gift or purchase lands or rights in land in connection
24 within the Metro East area.
25 "Metro East" means Madison, Monroe, Randolph, and St.
26 Clair counties.
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1 "Project" means any utility, structure, facility, or other
2 undertaking that will implement a defined, organized, planned
3 and scheduled, diversified, economically and technologically
4 sound, quality community environment, which the Authority is
5 authorized to construct, reconstruct, improve, equip, or
6 furnish under this Act. "Project" includes, but is not limited
7 to, buildings and other facilities intended for use as
8 classrooms, laboratories, student residence halls,
9 instructional and administrative facilities for students,
10 faculty, officers, and employees, motor vehicle parking
11 facilities and fixed equipment, industrial or manufacturing
12 plants or facilities, any industrial park, any commercial
13 facilities, the construction or improvement of streets,
14 sidewalks, and sewer and water facilities, the construction of
15 schools, parks, playgrounds, community and municipal
16 buildings, and the implementation of new community development
17 programs. "Project" further includes, but is not limited to,
18 apartments, housing facilities, health, hospital and medical
19 facilities, stadiums, physical education installations,
20 hotels, motels, dormitories, aquariums, museums, convention
21 centers, planetariums, civic buildings, nursing homes,
22 harbors, and terminal facilities. "Project" does not include
23 the financing for or the construction of plants, projects, or
24 facilities for (1) the manufacture or generation of electric
25 energy in competition with an electric supplier as defined in
26 the Electric Supplier Act or (2) the transmission,
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1 distribution, or manufacture of gas in competition with a
2 public utility as defined in the Public Utilities Act.
3 "Redevelopment area" means a blighted area to be developed
4 in accordance with a redevelopment plan.
5 "Redevelopment plan" means a comprehensive plan developed
6 pursuant to this Act for clearing, eliminating,
7 rehabilitating, or developing a blighted area and protecting
8 adjacent areas, as well as all administrative and financial
9 details and proposals necessary to effectuate the plan,
10 including, but not limited to, a new community development
11 program.
12 Section 15. There is created a Metro East Development
13 Authority within the State of Illinois. The Authority shall:
14 (1) act as public developer in carrying out community
15 development programs in and for depressed areas;
16 (2) make available adequate assistance necessary for
17 improving depressed areas and to do so through the use of
18 management task force procedures that will rely to the
19 maximum extent on private enterprise;
20 (3) strengthen the capacity of the State and federal
21 governments to make their resources available to the
22 people of depressed areas;
23 (4) increase, for all persons living in depressed
24 areas, the available choices of locations for living and
25 working, by providing a more just economic and social
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1 environment;
2 (5) encourage the highest economic use of commercial,
3 industrial, residential, recreational, and educational
4 building sites at reasonable costs;
5 (6) use improved technology to produce the large
6 volume of well-designed housing needed to accommodate
7 residents of depressed areas;
8 (7) help create neighborhoods designed for easier
9 access between the places where people live and the place
10 where they work and find recreation;
11 (8) encourage desirable innovations in meeting
12 domestic problems whether physical, economic, or social;
13 and
14 (9) assist, plan, develop, build, or construct within
15 the depressed area any facility or project to enhance the
16 community environment when requested to do so by any
17 State, county, or federal agency, school district,
18 community college, municipality, municipal corporation,
19 special district, authority, local or State public body,
20 commission, public corporation, or entity within that
21 area.
22 Section 20. Members; compensation. The Authority shall
23 consist of the following members: the Director of Commerce and
24 Economic Opportunity or the Director's designee, the Executive
25 Director of the Illinois Housing Development Authority or the
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1 Executive Director's designee, the Executive Director of the
2 Illinois Finance Authority or the Executive Director's
3 designee, 3 members appointed by the chairperson of the county
4 board of Madison County, 3 members appointed by the
5 chairperson of the county board of Monroe County, 3 members
6 appointed by the chairperson of the county board of Randolph
7 County, and 3 members appointed by the chairperson of the
8 county board of St. Clair County. The other member of the
9 Authority shall be appointed by the Governor, by and with the
10 advice and consent of the Senate. One member of the Authority
11 shall be designated as chairperson by the members of the
12 Authority.
13 If the Senate is not in session when the appointment is
14 made, the Governor shall make a temporary appointment as in
15 the case of a vacancy. The member appointed by the Governor
16 shall serve for a 4-year term expiring on the third Monday in
17 January or until his or her successor is appointed and
18 qualified. Any vacancy occurring in the office held by the
19 member appointed by the Governor, whether by death,
20 resignation, or otherwise, shall be filled by the Governor in
21 the same manner as the original appointment. A member
22 appointed to fill a vacancy shall serve for the remainder of
23 the unexpired term or until his or her successor is appointed
24 and qualified.
25 Members of the Authority shall serve without compensation
26 but shall be reimbursed for their reasonable expenses
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1 necessarily incurred in the performance of their duties and
2 the exercise of their powers under this Act. Each member
3 shall, before entering upon the duties of his or her office,
4 take and subscribe to the constitutional oath of office. The
5 oath shall be filed in the office of the Secretary of State.
6 Section 25. Meetings. The Authority shall meet at the
7 times and places as determined by the Authority or on call of
8 the chairman after at least 5 days' written notice to the
9 members or the request of 2 or more members. Seven members
10 shall constitute a quorum. No vacancy in the membership shall
11 impair the right of a quorum of the members to exercise all of
12 the rights and powers, and to perform all of the duties, of the
13 Authority.
14 Section 30. Executive director; other employees. The
15 Authority may employ and fix the compensation of an executive
16 director, to serve as the chief executive officer of the
17 Authority, and other agents or employees as it considers
18 necessary or desirable. Agents and employees, other than of
19 technical or engineering personnel, are subject to the
20 Personnel Code. If any employees are transferred to the
21 Authority from any other State agency, the transfer does not
22 affect the status of the employees under the Personnel Code,
23 under any retirement system under the Illinois Pension Code,
24 or under any civil service, merit service, or other law
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1 relating to State employment.
2 Section 35. Rights, powers, and duties. The Authority has
3 the following rights, powers, and duties:
4 (1) To sue and be sued, implead and be impleaded, and
5 complain and defend in all courts.
6 (2) To adopt rules for the management and regulation
7 of its affairs.
8 (3) To acquire, by purchase or gift, and hold or
9 dispose of real or personal property or rights or
10 interests in those gifts or property.
11 (4) To accept loans or grants of money or materials or
12 property of any kind from a federal or State agency or
13 department or others, upon terms and conditions as may be
14 imposed by the federal or State agency or department.
15 (5) To borrow money to implement any project or any
16 combination of projects.
17 (6) To recommend the issuance of revenue bonds to
18 implement any project or combination of projects.
19 (7) To make contracts and leases, exercise all
20 instruments, and perform all acts and do all things
21 necessary or convenient to carry out the powers granted in
22 this Act.
23 (8) To develop and recommend to the depressed areas of
24 the Metro East a redevelopment plan for community growth
25 and development of depressed areas.
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1 (9) To collect, analyze, and evaluate statistics,
2 data, and other information (including demographic,
3 economic, social, environmental and governmental
4 information) as will enable the Authority to transmit to
5 the corporate authorities within the Metro East depressed
6 areas, at the beginning of each year, a required report on
7 the growth of depressed areas for the year passed. Such
8 report shall include, but not be limited to:
9 (A) information and statistics describing
10 characteristics of depressed areas growth and
11 stabilization and identifying significant trends and
12 developments;
13 (B) a summary of significant problems facing
14 depressed areas as to their growth trends and
15 development;
16 (C) an evaluation of the progress and
17 effectiveness of federal, State, and local programs
18 designed to meet problems facing depressed areas and
19 to carry out the depressed areas urban growth
20 policies;
21 (D) an assessment of the policies and structures
22 of existing and proposed interstate and regional
23 planning and development affecting these policies; and
24 (E) a review of State, federal, local, and private
25 policies, plans, and programs relevant to the
26 Authority's policies.
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1 (10) To lease or rent any of the housing or other
2 accommodations or any of the lands, buildings, structures,
3 or facilities in which the Authority holds fee simple or
4 lesser interest, and to otherwise sell, exchange,
5 transfer, or assign any property, real or personal, or any
6 interest in any property, and to own, hold, clear, and
7 improve property.
8 (11) To acquire by purchase, gift, or as otherwise
9 provided in this Act the fee simple or lesser title to all
10 or any part of the real property in any redevelopment
11 area.
12 (12) To renovate or rehabilitate any structure or
13 building acquired, or, if any structure or building or the
14 land supporting it has been acquired, to permit the owner
15 to renovate or rebuild the structure or building in
16 accordance with a redevelopment plan.
17 (13) To install, repair, construct, reconstruct, or
18 relocate streets, roads, alleys, sidewalks, utilities, and
19 site improvements essential to the preparation of the
20 redevelopment area for use in accordance with a
21 redevelopment plan.
22 (14) To mortgage or convey real or personal property
23 acquired for use in accordance with a redevelopment plan.
24 (15) To borrow money, apply for and accept advances,
25 loans, gifts, grants, contributions, services, or other
26 financial assistance from the federal government or any
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1 agency or instrumentality of the federal government, the
2 State, county, municipality, or other public body or from
3 any source, public or private, for or in aid of any of the
4 purposes of the redevelopment plan, and to secure the
5 payment of any loans or advances by the issuance of
6 revenue bonds and by the pledge of any loan, grant, or
7 contribution, or any part of those, or the contracts, to
8 be received from the federal government or any agency or
9 instrumentality of the federal government, and to enter
10 into and carry out contracts in connection with these
11 activities.
12 (16) To create parks, playgrounds, recreational
13 community education, or water, sewer, or drainage
14 facilities, or any other work which it is otherwise
15 empowered to undertake, adjacent to or in connection with
16 housing projects.
17 (17) To dedicate, sell, convey, or lease any of its
18 interests in any property, or grant easements, licenses,
19 or other rights or privileges therein to a public housing
20 development body or the federal or State governments.
21 (18) To exercise all powers available to land
22 clearance commissions under the Blighted Areas
23 Redevelopment Act of 1947, as now or hereafter amended,
24 and to initiate and implement slum and blighted areas
25 redevelopment projects. However, the Authority shall not
26 exercise eminent domain powers under the Blighted Areas
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1 Redevelopment Act of 1947, and with reference to the
2 exercise of eminent domain authority, this Act shall
3 control.
4 (19) To develop a comprehensive redevelopment plan for
5 each neighborhood in the depressed area.
6 (20) To hold public hearings on redevelopment plans.
7 (21) To fix, alter, charge, and collect fees, rentals,
8 and other charges for the use of the facilities of or for
9 the services rendered by the Authority, or projects of the
10 Authority, at rates to be determined by agreement or
11 otherwise, for the purpose of providing for the expenses
12 of the Authority, the construction, improvement, repair,
13 equipping, and furnishing of its facilities and
14 properties, the payment of the principal and interest on
15 its obligations and to fulfill the terms and provisions of
16 any agreements made with the purchasers or holders of any
17 obligations. The fees, rentals, and other charges include
18 charges for interest due bond holders on all outstanding
19 construction and improvement, and engineering and
20 administration costs not reimbursed to the Authority, and
21 include charges to reimburse completely the Authority
22 beginning in an appropriate year for the principal on the
23 bonds within a period of years specified by the Authority
24 to meet its bond payment schedules.
25 (22) To borrow money under a revenue bond ordinance or
26 resolution passed by the Authority within 4 years after
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1 the effective date of this Act, for the acquisition,
2 construction, and improvement of projects in amounts as
3 necessary for defraying the cost of the projects and to
4 secure the payment of all or any of its revenues, rentals,
5 and receipts, and to make agreements with the purchasers
6 or holders of the bonds or with others in connection with
7 any bonds whether issued or to be issued, as the Authority
8 deems advisable and, in general, to provide for the
9 security of the bonds and the rights of the holders of the
10 bonds.
11 However, bonds may not be issued by the Authority
12 unless the Authority offers, in writing, to the State
13 agencies or counties represented by members on the
14 Authority, excluding the member appointed by the Governor,
15 the first opportunity to issue revenue bonds for the
16 project or combination of projects. If the offer to issue
17 bonds is not accepted in writing within 6 weeks, by any of
18 the agencies or municipalities, the Authority may issue
19 revenue bonds for the purpose for which the bonding
20 opportunity was offered to the agencies or municipalities.
21 (23) To provide that any real property sold by the
22 Authority is used in accordance with the final
23 redevelopment plan, and the Authority shall inquire into
24 and satisfy themselves concerning the financial ability of
25 the purchaser to complete the redevelopment in accordance
26 with the redevelopment plan and shall require the
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1 purchaser to execute in writing such undertakings as the
2 Authority deems necessary to obligate the purchaser to:
3 (A) use the land for the purposes designated in
4 the approved plan;
5 (B) commence and complete the building of the
6 improvements within the periods of time which the
7 Authority fixes as reasonable; and
8 (C) comply with other conditions as are necessary
9 to carry out the purposes of the final redevelopment
10 plan.
11 (24) To sell any property within a redevelopment area
12 that the Authority holds the fee simple title or any
13 lesser interest, provided that all real property shall be
14 sold for at least its use value, which may be less than its
15 acquisition cost.
16 (25) To pledge, hypothecate, or otherwise encumber all
17 or any of the revenues or receipts of the Authority as
18 security for all or any of the obligations of the
19 Authority.
20 (26) To pass all resolutions and make all rules and
21 regulations proper and necessary to give effect to the
22 power granted to the Authority under this Act.
23 Section 45. Depressed areas.
24 (a) The Authority shall, by resolution, perform an initial
25 study and survey to determine what areas will be considered a
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1 depressed area that contains a blighted area.
2 In making the study and survey, the Authority shall:
3 (1) cooperate with and use evidence gathered by any
4 public or private organization relative to the existence
5 or extent of blight in the depressed area;
6 (2) hold public hearings, conduct investigations, hear
7 testimony, and gather evidence relating to blight and its
8 elimination;
9 (3) create an advisory committee of not less than 11
10 persons, to be appointed by the chairperson, with the
11 approval of the Authority, and the committee shall consist
12 of representatives from among local merchants, property
13 owners, associations, human relations commissions, labor
14 organizations, and other civic groups; and
15 (4) formulate a proposed redevelopment plan for Metro
16 East blighted areas, provided that the plan has received
17 the approval and recommendations of a two-thirds majority
18 vote of the members.
19 (b) If, as a result of their initial study and survey, the
20 Authority determines that the depressed areas have one or more
21 commercially, industrially, residentially, recreationally,
22 educationally, or other blighted areas, the Authority may, by
23 resolution, set forth the boundaries of each blighted area and
24 the factors that exist in the blighted area that are
25 detrimental to the public health, safety, morals, and welfare.
26 In the same resolution, the Authority may provide for a
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1 public hearing on the designation of an area as a blighted area
2 and may submit proposed redevelopment plans for the blighted
3 area.
4 At least 20 days before the hearing, the Authority shall
5 give notice of the hearing by publication at least once in a
6 newspaper of general circulation within the depressed area.
7 (c) At the hearing on the designation of an area as a
8 blighted area, the Authority shall introduce the testimony and
9 evidence that entered into their decision to declare an area a
10 blighted area, and shall enter into the record of the
11 proceedings all proposed redevelopment plans received at or
12 prior to the hearing. All interested persons may appear and
13 shall be given an opportunity to testify for or against any
14 proposed redevelopment plan. The hearing may be continued from
15 time to time at the discretion of the Authority to allow
16 necessary changes in any proposed plan or to hear or receive
17 additional testimony from interested persons.
18 (d) At the conclusion of the hearing on blight, the
19 Authority shall formulate and publish a final redevelopment
20 plan for the blighted area after approval of a two-thirds
21 majority vote of the members of the advisory committee, which
22 plan may incorporate any exhibit, plan, proposal, feature,
23 model, or testimony resulting from the hearing. The final
24 redevelopment plan shall be presented to the corporate
25 authorities in the territory covered by the redevelopment
26 plan. The final redevelopment plan shall be made available for
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1 inspection by all interested parties.
2 (e) Within 30 days after the publication of a final
3 redevelopment plan, any person aggrieved by the action of the
4 Authority may seek a review of the decision and the
5 redevelopment plan under the Administrative Review Law. The
6 provisions of that Law and the rules adopted pursuant to that
7 Law shall apply to review of the final redevelopment plan. If
8 no action is initiated under the Administrative Review Law, or
9 if the court sustains the Authority and the redevelopment plan
10 as presented, or as amended by the court, the Authority may
11 proceed to carry out the final redevelopment plan.
12 Section 50. Debt; bonds. The Authority is authorized and
13 empowered to incur indebtedness and issue revenue bonds in
14 compliance with paragraph (22) of Section 35 for the purpose
15 of raising funds for carrying out the provisions of a final
16 redevelopment plan providing for the eradication and
17 elimination of blight and acquisition, development or
18 redevelopment of blight areas and any other area which may
19 constitute a redevelopment area within the depressed area. The
20 resolution of the Authority authorizing the issuance of
21 revenue bonds shall specify the total amount of the bonds to be
22 issued, the form and denomination, the date or dates of
23 maturity which shall not be later than 20 years after the date
24 of issuance, and the rate of interest, which rate shall not
25 exceed the rate permitted in the Bond Authorization Act. The
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1 bonds shall be executed by the officials under the bond
2 ordinance. The bonds may be made registrable to principal and
3 may be made callable on any interest payment date at par and
4 accrued interest after notice has been given in the manner
5 provided by the bond ordinance. The bonds shall remain valid
6 even though one or more of the officials executing the bonds
7 cease to hold office before the bonds are delivered.
8 The bonds shall contain a provision that the principal and
9 interest on the principal are payable exclusively from the
10 proceeds and revenues of any redevelopment plan which is
11 financed in whole or in part with the proceeds of the bonds,
12 together with whatever funds of the Authority from whatever
13 source derived as are necessary to constitute a local matching
14 cash grant-in-aid or contribution for the redevelopment plan
15 within the meaning of any applicable federal or State law.
16 Bonds may be additionally secured by a pledge of any loan,
17 grant or contribution, or any part of a loan, grant, or
18 contribution, received from the United States, or any agency
19 or instrumentality of the United States, or any loan, grant,
20 or contribution from any other public or private body,
21 instrumentality, corporation, or individual, or any duly
22 executed contract for the pledge, loan, grant, or
23 contribution.
24 The officials executing the revenue bonds are not
25 personally liable on the bonds because of their issuance. The
26 bonds are not a debt of any county or the State, or any
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1 subdivision of the county or State. The bonds are not payable
2 out of any funds of the Authority except those indicated in
3 this Act.
4 In connection with the issuance of the revenue bonds
5 authorized by this Act and in order to secure the payment of
6 the bonds, the Authority may recommend to the corporate
7 authority in which the redevelopment plan is proposed subject
8 to the powers and limitations contained in this Act, that the
9 corporate authority convene and agree in the bonds, bond
10 ordinance, or resolution, or any trust agreement executed
11 pursuant thereto, to any necessary condition, power, duty,
12 liability, or procedure for the issuance, payment, redemption,
13 security, marketing, replacement, or refinancing of the bonds,
14 and the use, disposition or control of all or any part of the
15 revenues realized from a redevelopment or new community plan.
16 The revenue bonds issued pursuant to a resolution passed
17 by the Authority shall be sold to the highest and best bidder
18 at not less than their par value and accrued interest. The
19 Authority shall, from time to time as bonds are to be sold,
20 advertise for proposals to purchase the bonds. Each
21 advertisement may be published in newspapers and journals as
22 the Authority determines, but must be published at least once
23 in a newspaper having a general circulation in the respective
24 area at least 10 days prior to the date of the opening of the
25 bids. The Authority may reserve the rights to reject any and
26 all bids and readvertise for bids.
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1 The bonds may be issued without submitting any proposition
2 to the electorate by referendum or otherwise.
3 Section 55. Public hearing. Before any proposed new
4 construction of a specific project or proposed rehabilitation
5 project is commenced by the Authority, a public hearing must
6 be held by the Authority affording interested persons residing
7 in the area an opportunity to be heard. There shall be a notice
8 of the time and place of the hearing published at least once,
9 not more than 30 and not less than 15 days before the hearing,
10 in one or more newspapers published in the county that the area
11 of the project is within. This notice shall contain the
12 particular site and location to be affected as well as a brief
13 statement of what is proposed in the project.
14 Section 60. Deeds. Any deed executed by the Authority
15 under this Act may contain restrictions as may be required by
16 the final redevelopment plan and necessary building and zoning
17 ordinances. All deeds of conveyance shall be executed in the
18 name of the Authority and the seal of the Authority shall be
19 attached to the deeds.
20 Section 65. Demolition and removal of buildings. The
21 Authority may enter into contracts for the demolition or
22 removal of buildings and for the removal of any debris. The
23 Authority shall advertise for sealed bids for doing this work.
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1 The advertisement shall describe by street number or other
2 means of identification the location of buildings to be
3 demolished or removed and the time and place when sealed bids
4 for the work may be delivered to the Authority. The
5 advertisement shall be published once in a newspaper having a
6 general circulation in the respective area 20 days prior to
7 the date for receiving bids.
8 The contract for doing the work shall be let to the lowest
9 responsible bidder, but the Authority may reject any and all
10 bids received and readvertise for bids. Any contract entered
11 into by the Authority under this Section shall contain
12 provisions requiring the contractor to give bond in an amount
13 to be determined by the Authority, and shall require the
14 contractor to furnish insurance of a character and amount to
15 be determined by the Authority protecting the Authority and
16 the municipality, its officers, agents, and employees against
17 any claims for personal injuries, including death and property
18 damage which may be asserted because of the contract. The
19 Authority may include in any advertisement and in the contract
20 one or more buildings as they in their sole discretion may
21 determine.
22 Section 70. Streets. In carrying out the provisions of a
23 final redevelopment plan, the Authority may pave and improve
24 streets in the redevelopment area, construct walks, and
25 install or relocate sewers, water pipes, and other similar
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1 facilities. The Authority shall advertise for sealed bids
2 before paving and improving streets. The advertisement shall
3 describe the nature of the work to be performed and the time
4 when and place where sealed bids for the work may be delivered
5 to the Authority. The advertisement shall be published once in
6 a newspaper having a general circulation in the county at
7 least 20 days prior to the date for receiving bids. A contract
8 for doing the work shall be let to the lowest responsible
9 bidder, but the Authority may reject any and all bids received
10 and readvertise for bids. The contractor shall enter into bond
11 as a condition for the faithful performance of the contract.
12 The sureties on the bond shall be approved by the Authority.
13 Section 75. Real property. When the Authority has acquired
14 title to, and possession of any or all real property in the
15 redevelopment area, they may convey any part of the
16 redevelopment area to which the Authority holds the fee simple
17 title or any lesser interest to any public body, or
18 State-chartered corporation, having jurisdiction over schools,
19 parks, low or moderate housing, or playgrounds in the area.
20 The property conveyed shall be used for parks, playgrounds,
21 schools, housing for low or moderate income families, and
22 other public purposes as the Authority may determine. The
23 Authority may charge for the conveyance whatever price they
24 and the officials of the public bodies, or State-chartered
25 corporations, receiving the land may agree upon. The Authority
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1 may also grant, with or without charge, easements for public
2 utilities, sewerage, and other similar facilities.
3 Section 80. Cost of construction. The cost of construction
4 of any project includes the following:
5 (1) Obligations incurred for labor, and to
6 contractors, builders, and material men, in connection
7 with the construction of any project or projects, for
8 machinery and equipment and for the restoration of
9 property damaged or destroyed in connection with
10 construction.
11 (2) The cost of acquiring any property, real,
12 personal, or mixed, tangible or intangible, or any
13 interest property, necessary or desirable for the
14 construction of any a project or projects.
15 (3) The principal and interest requirements upon any
16 bonds for the period during which, and to the extent, the
17 rentals received by the Authority from a project or
18 projects shall be insufficient for the payment of the
19 bond, the fees and expenses of the fiscal agent of the
20 Authority in respect of the bonds during any period, and
21 the reasonable fees and expenses of any paying agents for
22 the bonds during this period.
23 (4) The taxes or other municipal or governmental
24 charges, if any, in connection with any project or
25 projects during construction.
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1 (5) The cost and expenses of preliminary
2 investigations of the feasibility or practicality of
3 constructing any project or projects and fees and expenses
4 of engineers for making preliminary studies, surveys,
5 repairs, estimates, and for preparing plans and
6 specifications and supervising construction as well as for
7 the performance of all other duties of engineers in
8 relation to construction or the issuance of bonds for
9 construction.
10 (6) Expenses of administration properly chargeable to
11 any project or projects during construction, legal
12 expenses and fees, financing, relating charges, costs of
13 audits and of preparing and issuing bonds, and all other
14 items of expense not elsewhere specified, relating to the
15 construction of any project, and the acquisition of lands,
16 property rights, rights of way, franchises, easements, and
17 interest inland, including abstracts of title, title
18 insurance, title opinions, costs of surveys, reports, and
19 other expenses in connection with the acquisition of these
20 items.
21 Section 85. Territory outside the Metro East. The
22 Authority may not construct, acquire by gift or purchase,
23 reconstruct, improve, better, or extend any project farther
24 than 3 miles from the territorial boundaries of the Metro
25 East.
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1 Section 90. Obligations of the State and units of local
2 government. The Authority shall not have any power to pledge
3 the credit or taxing power of the State or any unit of local
4 government. The Authority's obligations are not obligations of
5 the State or any unit of local government.
6 Section 95. Financial report. Within 60 days after the end
7 of each fiscal year, the Authority shall have prepared, by a
8 certified public accountant, a complete and detailed financial
9 report of the operation, assets, and liabilities of the
10 Authority. A sufficient number of copies of the report shall
11 be prepared for distribution to interested persons, upon
12 request, and a copy of the report shall be filed with the
13 Governor and the General Assembly.
14 Section 100. Investigation of projects. The Authority may
15 investigate conditions in any project in which it has an
16 interest. While conducting investigations, the Authority may
17 hold public hearings on its own motion, and shall do so on
18 complaint or petition of any interested person. Each member of
19 the Authority shall have power to administer oaths, and the
20 secretary, by order of the Authority, shall issue subpoenas to
21 secure the attendance and testimony of witnesses, and the
22 production of books and papers, before the Authority or before
23 any member thereof or any officer or committee appointed by
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1 the Authority.
2 While conducting any investigation, the Authority shall,
3 at its expense, provide a stenographer to take down all
4 testimony and shall preserve a record of the proceedings. The
5 notice of hearing, complaint, and all other documents in the
6 nature of pleading and written motions and orders of decision
7 of the Authority shall constitute the record of the
8 proceedings.
9 The Authority is not required to testify and record or
10 file any answer, or otherwise respond in any proceedings for
11 judicial review of an administrative decision, unless the
12 party asking for review deposits with the clerk of the court
13 the sum of $1 per page of records of the proceedings, which is
14 the cost of the certification of the proceedings. Failure to
15 make this deposit is ground for dismissal of any action.
16 Section 105. Judicial review. All final administrative
17 decisions of the Authority shall be subject to judicial review
18 under the provisions of the Administrative Review Law and the
19 rules adopted pursuant to the Administrative Review Law. For
20 purposes of this Section, "administrative decision" has the
21 meaning given to that term in Section 3-101 of the Code of
22 Civil Procedure.
23 Section 110. Limitation of authority. The powers contained
24 in this Act shall not be exercised by the Authority:
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1 (1) within the boundaries of any municipality, or
2 within the boundaries of any territory over which a
3 municipality has jurisdiction, unless the exercise of the
4 powers have been approved by the mayor or village
5 president of the municipality; or
6 (2) within the boundaries of any unincorporated area
7 of a township unless the exercise of the powers have been
8 approved by the supervisor of the township.
9 Section 999. Effective date. This Act takes effect upon
10 becoming law.
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