There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 315 Urban Problems 315 ILCS 5/ Blighted Areas Redevelopment Act of 1947.
(315 ILCS 5/1) (from Ch. 67 1/2, par. 63)
Sec. 1.
This Act shall be known and may be cited as the " Blighted Areas Redevelopment Act of 1947. "
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/2) (from Ch. 67 1/2, par. 64)
Sec. 2.
It is hereby found and declared (a) that there exist in many urban
communities within this State slum and blighted areas, as defined herein;
(b) that such slum and blighted areas contribute to the development and
cause an increase in and spread of disease, crime, infant mortality and
juvenile delinquency, and constitute a menace to the health, safety, morals
and welfare of the residents of the State; that these conditions
necessitate excessive and disproportionate expenditures of public fund for
crime prevention and punishment, public health and safety, fire and
accident protection, and other public services and facilities and
constitute a drain upon the public revenue and continue to impair the
efficient, economical and indispensable governmental functions of the
municipalities embracing such areas, as well as of the State; and (c) that
in order to promote and protect the health, safety, morals and welfare of
the public it is necessary to provide for the eradication and elimination
of slum and blighted areas and the construction of redevelopment projects
thereon, and that the eradication and elimination of such areas and the
construction of redevelopment projects financed by private capital, with
limited financial assistance from governmental bodies, in the manner
provided in this Act are hereby declared to be a public use essential to
the public interest.
It is also found and declared (a) that there exist in many communities
within this State areas of platted or unplatted land which are
predominantly open and which, by reason of obsolete platting, diversity of
ownership, deterioration of structures or site improvements, or taxes and
special assessment delinquencies usually exceeding the fair value of the
land, are unmarketable in fact for housing or other economic purposes, and
which otherwise substantially impair or arrest the sound growth of
communities; (b) that the inability to market and develop such
predominantly open areas constitutes a blight upon communities by
preventing the construction of critically needed residential housing or
other appropriate development; (c) that the retardation of housing and
other essential community development and redevelopment projects is a
direct and immediate result of such blighted vacant areas and that the
existence of such areas constitutes a menace to the public health, safety,
welfare and morals by promoting the creation and continuation of slum and
blighted areas, as herein defined, with their attendant evils of disease,
crime, infant mortality and juvenile delinquency; (d) that in order to
promote and protect the health, safety, morals and welfare of the residents
of this State, it is essential that such open areas be made available for
development for residential or other use; and (e) that the acquisition of
such predominantly open land and the development or redevelopment thereof
by private capital, with limited financial assistance from governmental
bodies, in the manner provided by this Act, is hereby declared to be a
public use essential to the public interest.
It is also found and declared (a) that the development and redevelopment
of urban communities is best served by making such slum and blighted areas
and blighted vacant areas available for redevelopment for any use for which
the land is suited, public or private, by bodies politic and corporate,
public corporations, or other public bodies, or any private interests, and
(b) the eradication and elimination of slum and blighted areas and the
acquisition of blighted vacant areas and the development or redevelopment
thereof by public bodies or private interests for any appropriate use,
public or private, consistent with the general plan for the municipality,
in the manner provided in this Act, is hereby declared to be a public use
essential to the public interest.
(Source: Laws 1961, p. 3800.)
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2. demolition and removal of buildings and | ||
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3. installation, construction or reconstruction of | ||
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4. disposition of any property acquired in the Slum | ||
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5. carrying out plans for a program of voluntary | ||
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(l) "Blighted Vacant Area Redevelopment Project" means a project
involving (1) predominantly open platted urban or suburban land which
because of obsolete platting, diversity of ownership, deterioration of
structures or of site improvements, or taxes or special assessment
delinquencies exceeding the fair value of the land, substantially
impairs or arrests the sound growth of the community and which is to be
developed for residential or other use, provided that such a project
shall not be developed for other than residential use unless the area,
at the time the Commission adopts the resolution approving the plan for
the development of the area, is zoned for other than residential use and
unless the Commission determines that residential development thereof is
not feasible, and such determination is approved by the presiding
officer and the governing body of the municipality in which the area is
situated and by the Department, or (2) open
unplatted urban or suburban land to be developed for predominantly
residential uses, or (3) a combination of projects defined in (1) and
(2) of this subsection (l).
(m) "Redevelopment Project" means a "Slum and Blighted Area
Redevelopment Project" or a "Blighted Vacant Area Redevelopment
Project", as the case may be, as designated in the determination of the
Commission pursuant to Section 13 of this Act, and may include such
additional area of not more in the aggregate than 160 acres (exclusive
of the site of any abutting Slum and Blighted Area Redevelopment Project
or Blighted Vacant Area Redevelopment Project) located within the
territorial limits of the municipality, abutting and adjoining in whole
or in part a Slum and Blighted Area Redevelopment Project or Blighted
Vacant Area Redevelopment Project, which the land clearance commission
deems necessary for the protection and completion of such redevelopment
project or projects and of the site improvements to be made therein and
which has been approved by the Department
and the governing body of the municipality in which the area is
situated, but the land clearance commission as to such additional area
shall have power only to make studies, surveys and plans concerning
services to be performed by the municipality or others, including the
extension of project streets and utilities, the provision of parks,
playgrounds or schools, and the zoning of such peripheral areas.
(n) "Match" and any other form of said word when used with reference
to the matching of moneys means match on a dollar for dollar basis.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
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(315 ILCS 5/4) (from Ch. 67 1/2, par. 66)
Sec. 4.
Excepting any municipality for and in which there exists a
Department of Urban Renewal created pursuant to the provisions of the
"Urban Renewal Consolidation Act of 1961", enacted by the Seventy‑Second
General Assembly, the governing body of any municipality having more
than 25,000 inhabitants, as determined by the last preceding Federal
census, or of any county of this State, may, by resolution, determine
that there is need for a Commission in such municipality or county to
exercise the powers and authority prescribed by this Act. Upon
adoption, such resolution shall be forwarded to the Department, together
with a statement of reasons or findings
supporting such resolution. The Department shall thereupon issue a
certificate to the presiding officer of such municipality or county for
the creation of such Commission if it shall find that one or more slum
or blighted areas exist in such municipality or county. In determining
whether slum or blighted areas exist, the Department may take into
consideration the degree of over‑crowding, the percentage of land
coverage, the light, air, space and access available to the inhabitants
or dwelling accommodations, the size and arrangement of the rooms, the
sanitary facilities, the age and condition of the buildings and the
extent to which conditions exist in such buildings which endanger the
life, health, safety, morals and welfare of the occupants thereof. No
Commission shall be created for any municipality for and in which there
exists a Department of Urban Renewal created pursuant to the provisions
of the "Urban Renewal Consolidation Act of 1961", enacted by the
Seventy‑Second General Assembly.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/5) (from Ch. 67 1/2, par. 67)
Sec. 5.
As soon as possible after the issuance of a certificate by
the Department the presiding officer of such
municipality or county shall appoint, with the approval of the
Department, five commissioners with initial terms of one, two, three,
four and five years. Upon the approval by the Department of such
appointments, the Department shall cause a certificate of such
appointments and of its approval thereof to be filed in the office in
which deeds of property in the area of operation are recorded, and upon
such filing the persons so appointed and approved shall be fully
constituted as a Land Clearance Commission.
At the expiration of the term of each such commissioner, and of each
succeeding commissioner, or in the event of a vacancy, the presiding
officer shall appoint a commissioner, subject to the approval of the
Department as aforesaid, to hold office, in the case of a vacancy for
the unexpired term, or in the case of expiration for a term of five
years, or until his successor shall have been appointed and qualified.
Each such appointment shall be effective upon the filing by the
Department of a certificate of appointment and of its approval thereof,
as hereinbefore provided.
Every commissioner shall be a resident of the area of operation of
the Commission. Any public officer shall be eligible to serve as a
commissioner, and the acceptance of appointment as such shall not
terminate nor impair his other public office, the provision of any
statute to the contrary notwithstanding; but no officer or employee of
the Department shall be eligible to serve as
a commissioner, nor shall more than two public officers be commissioners
of the same Commission at one time.
Any Land Clearance Commission heretofore created pursuant to "An Act
to promote the improvement of housing," approved July 26, 1945, shall be
deemed lawfully and validly created under the terms of this Act, and
shall have all the authority and exercise the same powers, and be
subject to the same duties as herein prescribed for Land Clearance
Commissions; and nothing herein contained shall affect or impair the
validity of any act or proceeding done or performed by such Land
Clearance Commission under the aforesaid Act of 1945.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/6) (from Ch. 67 1/2, par. 68)
Sec. 6.
A Commission shall be designated as the Land Clearance Commission
of the city, village, incorporated town or county for which it has been
created.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/7) (from Ch. 67 1/2, par. 69)
Sec. 7.
Whenever it shall appear to the State Housing Board that a
commissioner is incompetent or guilty of neglect of duty or malfeasance,
the Board shall require such commissioner to appear before it to show
cause why he should not be removed from office. At least fifteen days'
written notice of such a hearing shall be given to the commissioner
whose conduct is in question and to all other members of the Commission.
At the hearing the commissioner may be represented by counsel and may
appear personally and present such pertinent evidence as he wishes or as
the Board may request.
If after a hearing the Board determines that a commissioner has been
incompetent or has been guilty of neglect of duty or malfeasance, it
shall remove such commissioner from the Commission within seven days,
and there shall thereupon be deemed to be a vacancy of such office.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/8) (from Ch. 67 1/2, par. 70)
Sec. 8.
No commissioner or employee of a Commission shall acquire any
interest direct or indirect in any redevelopment project or in any property
included or planned to be included in any redevelopment project, nor shall
he have any interest direct or indirect in any contract or proposed
contract in connection with any such project. If any commissioner or
employee of any Commission owns or controls an interest direct or indirect
in any property included in any redevelopment project, he shall disclose
the same in writing to the Commission and such disclosure shall be entered
upon the minutes of the Commission.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/9) (from Ch. 67 1/2, par. 71)
Sec. 9.
As soon as possible after the creation of a Commission the
commissioners shall organize for the transaction of business by choosing
from among their number a chairman, a vice‑chairman and a secretary and
by adopting by‑laws and rules and regulations suitable to the purposes
of this Act. Three commissioners shall constitute a quorum for the
transaction of the business thereof. The Commission may appoint such
professional, technical and clerical assistants as are necessary for the
proper performance of its duties, provided the approval of both the
Department and the presiding officer of the
municipality or county which initiated the creation of such Commission
is obtained both as to any such appointments and as to the amount of the
salaries, fees or other compensation to be paid. Such salaries, fees or
other compensation, when so approved, shall be paid out of the separate
fund referred to in Section 21 hereof.
The Commission may contribute to the charges or premium payments for
group life, annuity and retirement insurance coverage for its employees,
to be underwritten by any legal reserve life insurance company
authorized to do business in the State of Illinois, which may be covered
in one or more policies, and which may include provisions for past
service credits, provided that premium payments for future service
benefits shall be made by the Commission and the employees, but the part
of each premium payment to be charged against the participating
employees for such future service benefits shall not be less than the
part of that premium to be charged against and paid by the Commission.
Prior to contracting for any policy of insurance authorized in the
preceding sentence hereof, the form and contents of the policy or
policies of insurance, the charges or premiums to be paid therefor, and
the part of the charges or premiums to be paid by the employees and the
part to be paid by the Commission, shall be approved by the Commission,
the Department and the presiding officer of
such municipality or county. That part of any charge or premium paid by
the Commission shall be paid out of the separate fund referred to in
Section 21 hereof.
The concurring vote of three commissioners shall be required for the
exercise of any of the powers granted by this Act.
(Source: P.A. 81‑1509 .)
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(315 ILCS 5/10) (from Ch. 67 1/2, par. 72)
Sec. 10.
No commissioner shall receive any compensation, whether in form of
salary, per diem allowances or otherwise, for or in connection with his
services as such commissioner. Each commissioner, however, shall be
entitled to reimbursement out of the separate fund referred to in Section
21 hereof, for any necessary expenditures in connection with the
performance of his duties.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/11) (from Ch. 67 1/2, par. 73)
Sec. 11.
A Commission shall be a municipal corporation and shall
constitute a body both corporate and politic, exercising public and
essential governmental functions, and having all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of
this Act. It may sue and be sued, and have a seal and alter the same at
pleasure, have perpetual succession, make and execute contracts, deeds
and other instruments necessary or convenient to the exercise of its
powers, and make and from time to time amend and repeal by‑laws, rules
and regulations not inconsistent with this Act. In addition it shall
have the following powers:
(a) To acquire slum and blighted areas and other areas which may
constitute a redevelopment project as provided in this Act;
(b) To clear any such areas so acquired by demolition or removal of
existing buildings and structures thereon; and to install, repair,
construct or reconstruct streets, utilities and site improvements
essential to the preparation of sites for use in accordance with a
redevelopment plan;
(c) To convey real property so acquired for use in accordance with a
redevelopment plan;
(d) To borrow money, to apply for and accept advances, loans,
grants, contributions, gifts, services, or other financial assistance,
from the United States of America or any agency or instrumentality
thereof, the State, County, Municipality or other public body or from
any sources, public or private, for or in aid of any of the purposes of
this Act, and to secure the payment of any loans or advances by the
issuance of bonds (as hereinafter defined), and by the pledge of any
loan, grant, or contribution, or parts thereof, or the contracts
therefor, to be received from the United States of America or any agency
or instrumentality thereof, and to enter into and carry out contracts in
connection therewith; to redeem its bonds at the redemption price
established therein or to purchase them at less than the redemption
price, all bonds so redeemed or purchased to be cancelled; provided that
in no event shall any bonds issued by the Commission be payable except
out of the revenues or funds specifically designated in this Act for
such payment. Notwithstanding any other provision of this Act a
Commission shall not borrow money from any source other than the United
States of America or any agency or instrumentality thereof without
obtaining approval of the Department and the
governing body of the municipality. A Commission, notwithstanding the
provisions of any other law, may include in any contract for financial
assistance with the United States of America or any agency or
instrumentality thereof for a redevelopment project, such conditions
imposed pursuant to Federal law as the Commission may deem reasonable
and appropriate and which are not inconsistent with the purposes of this
Act or with the foregoing proviso;
(e) To accomplish a combination of the foregoing to carry out a
redevelopment plan; and
(f) To make or have made all surveys and planning necessary to the
carrying out of the purposes of this Act and the Blighted Areas
Redevelopment Act of 1947, and to contract with any person in the making
and carrying out of such planning, and to adopt or approve, modify and
amend such planning. Such planning may include, without limitation:
1. A general plan for the locality;
2. Planning for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements;
3. Planning for the enforcement of state and local laws, codes and
regulations relating to the use of land and the use and occupancy of
buildings and improvements and to the repair, rehabilitation,
demolition, or removal of buildings and improvements;
(g) To incur the entire expense of any public improvements to be
made within a Slum and Blighted Area Redevelopment Project.
(h) To furnish, dedicate, close, vacate, pave, and install, grade,
regrade, plan or replan streets, roads, sidewalks, public way or other
places.
(i) To install, construct or reconstruct streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out the
objectives of this Act in a Slum and Blighted Area Redevelopment
Project.
(j) To carry out a Slum and Blighted Area Redevelopment Project for
the voluntary repair and rehabilitation of buildings and other
improvements including the acquisition and clearance of any property so
designated within such a rehabilitation area.
(k) To provide for the rehabilitation or conservation of slum or
blighted areas or portions thereof by replanning, by removing
congestion, by providing parks, playgrounds and other public
improvements, by encouraging voluntary rehabilitation of deteriorated or
deteriorating structures.
In relation to the foregoing powers a Commission may investigate into
living and housing conditions in its area of operation to determine the
extent and location of slum and blighted areas and other areas which may
constitute a redevelopment project as defined herein and to ascertain in
which of such area or areas development or redevelopment should be
undertaken, and in connection with any such investigation may conduct
public hearings, take testimony and proof under oath on the subject
matter of such investigation, and cooperate with the planning agency of
the municipality wholly or partially within its area of operation.
The Commission shall have power to make studies, surveys and plans
preliminary to or concerning any projects which are permissible under
this Act.
A Land Clearance Commission shall not be limited to one development
or redevelopment project, but may have as many projects in process at
any one time as it may deem necessary to accomplish the purposes of this
Act.
A Commission shall have no power to build or operate housing on any
real property acquired pursuant to this Act, other than to manage,
operate and maintain existing housing or other buildings and
improvements located thereon at the time of acquisition pending the
demolition and removal of such buildings or improvements or the sale of
any such buildings or improvements the demolition or removal of which is
not deemed necessary to the redevelopment plan, and to use the rents and
income to pay any expense in connection therewith.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/11.1) (from Ch. 67 1/2, par. 73.1)
Sec. 11.1.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty‑fourth General Assembly.
(Source: P.A. 84‑731.)
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(315 ILCS 5/12) (from Ch. 67 1/2, par. 74)
Sec. 12.
In making investigations herein authorized the Commission may hold
public hearings. Any hearing may be conducted by the Commission or by a
committee appointed by it, consisting of one or more members of the
Commission, or by an employee or agent specially authorized by the
Commission to conduct it. The Commission and any member, employee or agent
thereof so designated shall have power to administer oaths, take
affidavits, subpoena and require the attendance and testimony of witnesses
and the production of books and papers pertaining to such investigation.
In case of contumacy or refusal to obey a subpoena issued to any person,
the circuit court of the county in which such person resides or has his
principal place of business, upon application by the Commission, shall have
jurisdiction to issue to such person an order requiring such person to
appear before the Commission or before any member, employee or agent
thereof designated to conduct such hearing there to produce evidence, if so
desired, or there to give testimony touching the matter under investigation
and any failure to obey such order of the court may be punished by said
court as a contempt thereof.
The officials of any city, village or town and the members of any zoning
commission shall, when requested so to do by any member of the Commission,
make available for inspection by the Commission or by any committee,
employee or agent of the Commission, any and all records and data which
they may have pertaining to an area which is then being investigated.
(Source: Laws 1965, p. 3552.)
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(315 ILCS 5/13) (from Ch. 67 1/2, par. 75)
Sec. 13.
Whenever a Commission determines that a particular slum or
blighted area, or any other area which may constitute a redevelopment
project, as herein defined, should be acquired, rehabilitated or
conserved, pursuant to the provisions of this Act, such determination
together with an accurate description of the area included in such
determination and the date on which the determination was made shall be
immediately set forth in the records of the Commission. Such
determinations by a Commission may be made from time to time and need
not all be made at one time. Each such determination shall be evidenced
by a resolution adopted by the Land Clearance Commission.
The area of each such determination shall be specifically designated
in the resolution as a "Slum and Blighted Area Redevelopment Project" or
a "Blighted Vacant Area Redevelopment Project", according to the
determination of the Commission; provided, that any determination made
prior to the effective date of this amendatory Act and designated as a
"redevelopment project" as required by the provisions of this Section in
force prior to such effective date shall constitute a determination that
the project is a "Slum and Blighted Area Redevelopment Project" and
shall not require the adoption of a new or amendatory resolution so
describing the area involved in such determination. A certified copy of
such resolution shall be delivered to the Department and to the governing
body of the municipality in which the area
is situated. No such determination shall be of any force or effect
until such time as it has been approved by the Department and the governing
body of the Municipality in which
the area is situated.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/14) (from Ch. 67 1/2, par. 76)
Sec. 14.
Upon approval of the determination as provided in the preceding
Section the Land Clearance Commission may proceed to plan and undertake
a redevelopment project which includes conservation and rehabilitation as
previously defined in this Act and to acquire by gift, purchase or
condemnation the fee simple title to all real property lying within the
area included in the redevelopment project, including easements and
reversionary interests in the streets, alleys and other public places lying
within such area. If any such real property is subject to an easement the
Commission, in its discretion, may acquire the fee simple title to such
real property subject to such easement if it determines that such easement
will not interfere with the consummation of a redevelopment plan. If any
such real property is already devoted to a public use it may nevertheless
be acquired, provided that no property belonging to the United States of
America, the State of Illinois or any municipality may be acquired without
the consent of such governmental unit and that no property devoted to a
public use belonging to a corporation subject to the jurisdiction of the
Illinois Commerce Commission may be acquired without the approval of the
Illinois Commerce Commission. Each Land Clearance Commission is vested with
the power to exercise the right of eminent domain. Condemnation proceedings
instituted by Land Clearance Commissions shall be in all respects in the
manner provided for the exercise
of the right of eminent
domain under Article VII of the Code of Civil Procedure, as heretofore
or hereafter amended.
(Source: P.A. 82‑783.)
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(315 ILCS 5/15) (from Ch. 67 1/2, par. 77)
Sec. 15.
When a Land Clearance Commission has acquired title to, and possession
of, all or any part of the real property located within a redevelopment
project pursuant to the provisions of this Act, it may let contracts for
the demolition or removal of buildings standing thereon and for the removal
of any debris resulting therefrom. The Commission shall advertise for
sealed bids for the doing of such work. The advertisement shall describe by
street number or other means of identification the location of the
buildings which are to be demolished or removed and shall state the time
when and place where sealed bids for the doing of the work may be delivered
to the Commission. The advertisement shall be published once in a newspaper
having a general circulation in the municipality in which the real property
is situated at least twenty (20) days prior to the date named therein when
time for receiving bids will expire. A contract for the doing of the work
shall be let to the lowest responsible bidder, but the Commission may
reject any and all bids received and readvertise for bids. Any contract
entered into by the Commission pursuant to this Section shall contain
provisions requiring the contractor to give bond in an amount equal to
one‑third of his bid price, but in no event in excess of Twenty‑Five
Thousand Dollars ($25,000.00), conditioned for the faithful performance of
the contract and requiring the contractor to furnish insurance of a
character and amount to be determined by the Commission protecting the
Commission and the municipality and their officers, agents and employees
against any claims for personal injuries (including death) and property
damage that may be asserted because of the doing of the work. The
Commission may include in any advertisement and in the contract to be let
pursuant thereto one or more buildings, or such group of buildings, as the
Commission in its sole discretion may determine.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/16) (from Ch. 67 1/2, par. 78)
Sec. 16.
The Land Clearance Commission, if it sees fit so to do, may pave
and improve streets in the area included in the redevelopment project,
construct sidewalks and install or re‑locate sewers, water pipes, and other
similar facilities. The Commission shall advertise for sealed bids for the
doing of the work referred to in this Section. The advertisement shall
describe the nature of the work to be performed and shall state the time
when and place where sealed bids for the doing of the work may be delivered
to the Commission. The advertisement shall be published once in a newspaper
having a general circulation in the municipality in which the redevelopment
project is situated at least twenty (20) days prior to the date named
therein when the time for receiving bids will expire. A contract for the
doing of the work shall be let to the lowest responsible bidder, but the
Commission may reject any and all bids received and re‑advertise for bids.
The contractor shall be required to enter into bond in an amount equal to
one‑third of the amount of his bid conditioned for the faithful performance
of the contract. The sureties on any such bond and on any bond to be given
pursuant to the provisions of Section 15 hereof shall be approved by the
Chairman of the Land Clearance Commission.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/17) (from Ch. 67 1/2, par. 79)
Sec. 17.
When the Commission has acquired title to, and possession
of any or all real property in the area of a redevelopment project, the
Commission (1) may convey to the municipality in which the project is
located (for street or alley purposes) and without any monetary
consideration therefor, such parts thereof as are to be laid out into
streets or alleys; (2) with the approval of the Department, may convey
to that municipality or to any public
body having jurisdiction over schools, parks or playgrounds in the area
in which the project is situated such parts of such real property for
use for parks, playgrounds, schools and other public purposes as the
Commission may determine, and at such price or prices as the Commission
and the proper officials of such public bodies may agree upon; and (3)
with the approval of the Department, may
grant easements for public utilities, sewers and other similar
facilities, with or without consideration therefor.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/18) (from Ch. 67 1/2, par. 80)
Sec. 18.
The Commission, with the approval of the Department and the
governing body of the municipality in
which the redevelopment project is located, may sell and convey not to
exceed 25% of all the real property which is to be used for residential
purposes in the area or areas of a redevelopment project or projects to
a Housing Authority created under an Act entitled "An Act in relation to
housing authorities", approved March 19, 1934, as amended, having
jurisdiction within the area of the redevelopment project or projects,
to provide housing projects pursuant to said last mentioned Act;
provided the Department determines that it
is not practicable or feasible to otherwise relocate eligible persons
residing in the area of the redevelopment project or projects in decent,
safe and uncongested dwelling accommodations within their financial
reach, unless such a housing project is undertaken by the Housing
Authority, and provided further that first preference for occupancy in
any such housing project developed by the Housing Authority on such real
property shall be granted to eligible persons from the area included in
the redevelopment project or projects that can not otherwise be
relocated in decent, safe and uncongested dwelling accommodations within
their financial reach.
Any real property sold and conveyed to a Housing Authority pursuant
to the provisions of this Section shall be sold at its use value (which
may be less than its acquisition cost), which represents the value at
which the Commission determines such land should be made available in
order that it may be redeveloped for the purposes specified in this
Section.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/18.1) (from Ch. 67 1/2, par. 80a)
Sec. 18.1.
A Commission created for a municipality having a population
in excess of 500,000 as determined by the last preceding Federal or
State census, with the approval of the Department and the governing body
of the municipality in which the project
is located, may sell and convey any part of the real property within the
area of a slum and blighted area redevelopment project as defined in
Subsection (k) of Section 3 hereof to a Housing Authority created under
an Act entitled "An Act in relation to housing authorities," approved
March 19, 1934, as amended, having jurisdiction within the area of the
redevelopment project or projects. Any real property sold and conveyed
to a Housing Authority pursuant to the provisions of this Section shall
be for the sole purpose of resale pursuant to the terms and provisions
of Section 5 of an Act entitled "An Act to facilitate the development
and construction of housing, to provide governmental assistance
therefor, and to repeal an Act herein named," approved July 2, 1947, to
a nonprofit corporation, or nonprofit corporations, organized for the
purpose of constructing, managing and operating housing projects and the
improvement of housing conditions, including the sale or rental of
housing units to persons in need thereof. No sale shall be consummated
pursuant to this Section unless the nonprofit corporation to which the
Housing Authority is to resell, obligates itself to use the land for the
purposes designated in the approved plan referred to in Section 19.1
hereof and to commence and complete the building of the improvements
within the periods of time which the Commission fixes as reasonable and
unless the Commission is satisfied that the nonprofit corporation will
have sufficient moneys to complete the redevelopment in accordance with
the approved plan.
Any real property sold and conveyed to a Housing Authority pursuant
to the provisions of this Section shall be sold at its use value (which
may be less than its acquisition cost), which represents the value at
which the Commission determines such land should be made available in
order that it may be developed or redeveloped for the purposes specified
in the approved plan.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/19) (from Ch. 67 1/2, par. 81)
Sec. 19.
The Commission may at such times as it deems expedient transfer and
sell the fee simple title, or such lesser estate as the Commission may have
heretofore acquired or may hereafter acquire, to all or any part of the real
property within the area of a redevelopment project not disposed of in
accordance with Sections 17, 18 and 18.1 hereof to (1) Neighborhood
Redevelopment Corporations operating under the "Neighborhood Redevelopment
Corporation Law", approved July 9, 1941, as amended, (2) Insurance Companies
operating under Article VIII of the Illinois
Insurance Code, (3) any individual, association, or corporation,
organized under the laws of this State or of any other State or country, which
may legally make such investments in this State, including foreign and alien
insurance companies, as defined in Section 2 of the Illinois Insurance Code, or
(4) bodies politic and corporate, public corporations, or any private interests
empowered by law to acquire, develop and use such real property for such uses,
public or private, as are in accordance with an approved plan; provided,
however, that any sale of real property to a Housing Authority shall be made
only in accordance with the provisions of Sections 18 and 18.1 hereof. To
assure that the real property so sold is used in accordance with the approved
plan referred to in Section 19.1 hereof, the Commission shall inquire into and
satisfy itself concerning the financial ability of the purchaser to complete
the redevelopment in accordance with the approved plan and shall require the
purchaser to execute in writing such undertakings as the Commission may deem
necessary to obligate the purchaser: (1) to use the land for the purposes
designated in the approved plan, (2) to commence and complete the building of
the improvements within the periods of time which the Commission fixes as
reasonable, and (3) to comply with such other conditions as are necessary to
carry out the purposes of this Act. Any such area may be sold either as an
entirety or in such parcels as the Commission shall deem expedient. It shall
not be necessary that title be acquired to all real property within the area of
a redevelopment project before the sale of a part thereof may be made as
provided herein. Any real property sold pursuant to the foregoing provisions
of this Section shall be sold at its use value (which may be less than its
acquisition cost), which represents the value at which the Commission
determines such land should be made available in order that it may be developed
or redeveloped for the purposes specified in the approved plan.
Any real property lying within the area of a redevelopment project which
has not been sold by the Commission within 5 years after the Commission
has acquired title to all the real property within the area of that
redevelopment project, shall be forthwith sold by the Commission at public
sale for cash to the highest bidder obligating himself in the manner set
forth in the preceding paragraph of this Section to redevelop the property
in accordance with the approved plan. Notice of such sale and of the place
where the approved plan may be inspected shall be published once in a
newspaper having a general circulation in the municipality in which the
real property is situated at least 20 days prior to the date of
such public sale, and shall contain a description of the real property to
be sold.
The Commission may reject the bids received if, in the opinion of the
Commission, the highest bid does not equal or exceed the use value (as
herein above defined) of the land to be sold. At the expiration of six (6)
months from the date of rejecting bids, the Commission shall again
advertise for sale any real property then remaining unsold. Each
publication shall be subject to the same requirements and conditions as the
original publication.
(Source: P.A. 90‑418, eff. 8‑15‑97.)
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(315 ILCS 5/19.1) (from Ch. 67 1/2, par. 81a)
Sec. 19.1.
Prior to making a sale or conveyance of any part of the
real property within the area of a redevelopment project pursuant to any
of the foregoing Sections of this Act, the Commission shall prepare and
approve a plan for the development or redevelopment of the project area
and shall submit the same to the Department
and to the governing body of the municipality in which the real property
is situated for their approval. The Commission shall not make a sale or
conveyance of any part of the real property in the project area until
such time as the plan has been approved by the Department and by the governing
body of the municipality in
which the real property is situated.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/20) (from Ch. 67 1/2, par. 82)
Sec. 20.
The sale of any real property by a Land Clearance
Commission where required to be made for a monetary consideration,
except public sales as provided in the last paragraph of Section 19,
shall be subject to the approval of the Department and the governing body
of the municipality in which the real
property is located.
All deeds of conveyances shall be executed in the name of the Land
Clearance Commission by the Chairman and Secretary of the Commission and
the seal of the Commission shall be attached thereto. Any deed of
conveyance by the Commission may provide such restrictions as are
required by the plan for redevelopment and the building and zoning
ordinances, but no deed of conveyance either by the Commission or any
subsequent owner shall contain a covenant running with the land or other
provision prohibiting occupancy of the premises by any person because of
race, creed, color, religion, handicap, national origin or sex.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/21) (from Ch. 67 1/2, par. 83)
Sec. 21.
Any Land Clearance Commission may apply to the Department for
the grant of a sum from the amount
appropriated for grants under this Act to aid and assist in carrying out
redevelopment projects. Every application shall state the amount
applied for and if made by a Land Clearance Commission whose area of
operation includes more than one municipality shall state separately the
amount to be expended in each municipality on behalf of which the
application is made and each such separate amount shall be treated as a
separate application. Every application shall have attached thereto a
certified copy of a resolution of the governing body of the municipality
within which the amount of such grant is to be expended that in the
event the application is approved in whole or in part such municipality
will endeavor to make available and pay to the Land Clearance Commission
to be deposited by it in the fund referred to in this Section an amount
at least equal to the amount so approved by the Department. No application
shall be considered which does not
comply with the foregoing requirements. The Department shall not approve
any application for a grant within
a period of 120 days after July 2, 1947. Upon the expiration of the 120
day period, the Department shall consider all applications for grants
presented to it within this period of time, the same as if all such
applications had been presented at the same time. The Department shall
review all applications for grants and shall determine the actual needs
of any applicant therefor. In determining such needs, it shall consider
the prevalence of slum and blighted areas and such other areas as may
constitute a redevelopment project in the area of operation of the
applicant, the number of unsafe, unsanitary and congested dwelling units
in the areas of operation of the respective applicants for grants, and
the extent and scope of the degenerative conditions described in Section
2 prevailing in any such area as a result of the existence of slum and
blighted areas or the necessity for the development or redevelopment of
predominantly open land for sound community growth. The Department may
deny any such application if it determines
that no need therefor exists, or it may approve the application in whole
or in part in accordance with its determination of need. If the
appropriation made for this Act is insufficient to provide grants to all
applicants on the basis of their needs as determined by the Department,
the Department may determine and select the areas of operation for which
grants shall be made on the basis of the relative needs of the
applicants for slum and blight eradication. No application shall be
approved in whole or in part unless the Department is satisfied that the
amount approved will be properly employed by the Land Clearance
Commission in the acquisition of a redevelopment project or projects and
the development or redevelopment thereof. Whenever the Department approves
any application in whole or in part,
it shall immediately allocate and set aside for use by that Land
Clearance Commission from the appropriation to be provided for this Act
the amount so approved, and the Director of the Department shall thereupon
notify the Land Clearance Commission
and the presiding officer of the municipality within which such
allocation is to be expended of the amount of such allocation. If the
aggregate of the amounts so allocated and set aside by the Department pursuant
to applications for grants presented
within the 120 day period does not exhaust the appropriation, the
Department shall consider applications for
grants presented subsequent to the 120 day period in the manner provided
in the order of their presentation. Upon the expiration of 18 months
after July 2, 1947 that part of any allocation made to a Land Clearance
Commission which has not been previously paid over to that Commission
pursuant to this Section shall lapse and the Department may thereafter,
from time to time, use these monies
in making allocations to Land Clearance Commissions in the manner
provided the same as if such monies had never been allocated.
No part of the amount allocated and set aside to a Land Clearance
Commission shall be paid out to that Commission except to the extent
necessary to match monies paid to that Commission by the municipality
for whose benefit the allocation was made, and then only in an amount
equal to, but not exceeding, the amount so paid to the Commission by the
municipality. Whenever and as often as a municipality for whose benefit
an allocation has been made by the Department
shall pay to the Land Clearance Commission an amount of money
to be matched out of funds so allocated, the presiding officer of such
municipality shall notify the Department in
writing of the amount so paid to the Land Clearance Commission and the
Director of the Department shall thereupon
certify to the State Comptroller for payment to the Land Clearance
Commission from the appropriation to be made available for this Act an
amount equal to the payment so made by the municipality and such amount
shall thereupon be paid to the Land Clearance Commission from such
appropriation. Any amount so paid to a Land Clearance Commission shall
be charged by the Department against the
allocation made to that Commission. The aggregate of the amounts so
certified by the Director of the Department
to the Comptroller for payment to any Land Clearance Commission shall
not exceed the amount of the allocation or allocations previously made
to that Land Clearance Commission. All amounts paid to a Land Clearance
Commission by a municipality and by the State pursuant to this Section
shall be deposited in a separate fund by the Commission and shall be
used solely for the purposes specified in Sections 9, 10, 14, 15, and
16 and such other purposes as are authorized by this Act.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/22) (from Ch. 67 1/2, par. 84)
Sec. 22.
If an allocation from the monies to be appropriated for
this Act is made and set aside to a Land Clearance Commission having the
same area of operation as a Housing Authority and that Housing Authority
has received a grant of state funds from the appropriation made in "An
Act to promote the improvement of housing," approved July 26, 1945, then
all or any portion of the unexpended and unobligated part of any such
grant to the Housing Authority may be used by the Department, with the consent
of the Housing Authority, as an
additional allocation to the Land Clearance Commission to be used by the
Department in matching monies paid by the
municipality into the separate fund referred to in Section 21 hereof,
but only to the extent that the monies paid by the municipality and
deposited in said separate fund exceed the amount of the allocation made
to that Land Clearance Commission under Section 21 hereof.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/23) (from Ch. 67 1/2, par. 85)
Sec. 23.
For the purpose of aiding and cooperating with Land Clearance
Commissions in accomplishing the objectives of this Act any state public
body (city, village, incorporated town, county, municipal corporation,
commission, district, authority, or other subdivision or public body of the
State) may cause parks, playgrounds, water, sewer or drainage facilities to
be furnished adjacent to or in connection with a redevelopment project;
and, any municipality within the area of operation of a Land Clearance
Commission may assign or loan any of its employees to that Land Clearance
Commission in aid of the performance of the work of such Commission, and
provide necessary office space, equipment or other facilities for the Land
Clearance Commission.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/23a) (from Ch. 67 1/2, par. 85a)
Sec. 23a.
For the purpose of aiding in the planning, undertaking or
carrying out of a redevelopment project, the governing body of any
municipality, after public hearing, may direct the municipality to enter
into cooperation and conveyance agreements with any hospital or educational
institution of higher learning, both public and private, or any private
corporation acting on behalf of such institutions, respecting the
redevelopment or renewal of slum or blighted areas embracing, adjacent to,
or in the immediate vicinity of such hospital, educational institution or a
major branch thereof and may, in addition to its other powers and upon such
terms, with or without consideration, as it may determine, perform such
cooperation and conveyance agreements and do and perform any or all of the
actions or things necessary or desirable to assure that the municipality
obtains credit as a local grant‑in‑aid for the aggregate amount of
expenditures made by any such hospital, educational institution, or private
corporation acting on behalf of such institutions, which would be eligible
as such under Title I of the Federal Housing Act of 1949, as amended.
(Source: Laws 1961, p. 3616.)
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(315 ILCS 5/24) (from Ch. 67 1/2, par. 86)
Sec. 24.
Every municipality is authorized and empowered to incur
indebtedness and issue bonds in such amount or amounts as the governing
body of the municipality deems necessary for the purpose of raising funds
to be paid to a Land Clearance Commission whose area of operation includes
that municipality in aid of the eradication and elimination of slum and
blighted areas and the acquisition, development or redevelopment of any
other areas which may constitute a redevelopment project within that
municipality. The ordinance authorizing the issuance of such bonds shall
specify the total amount of bonds to be issued, the form and denomination
of the bonds, the date they are to bear, the place at which they are
payable, the date or dates of maturity, which shall not be later than
twenty (20) years after the date the bonds bear, the rate of interest which
shall not exceed the maximum rate authorized by the Bond Authorization Act,
as amended at the time of the making of the contract, and the dates on which
interest is payable. The bonds shall be executed by such officials as may
be provided in the ordinance authorizing their issue. They may be made
registerable as to principal and may be made callable on any interest
payment date at par and accrued interest after notice has been given at the
time and in the manner provided in the bond ordinance. The bonds shall
remain valid even though one or more of the officers executing the bonds
ceases to hold his or their offices before the bonds are delivered.
The bonds shall be sold to the highest and best bidder at not less than
their par value and accrued interest. The municipality shall, from time to
time as bonds are to be sold, advertise for proposals to purchase the
bonds. Each such advertisement may be published in such newspapers and
journals as the governing body of the municipality may determine but must
be published at least once in a newspaper having a general circulation in
the municipality at least ten days prior to the date of the opening of the
bids. The municipality may reserve the right to reject any and all bids and
readvertise for bids.
The ordinance authorizing the bonds shall prescribe all the details
thereof and shall provide for the levy and collection of a direct annual
tax upon all the taxable property within the municipality sufficient to pay
the principal thereof and interest thereon as it matures. This tax shall be
in addition to and exclusive of the maximum of all other taxes authorized
to be levied by the municipality. Tax limitations provided by other
statutes of this State shall not apply to taxes levied for payment of these
bonds. A certified copy of the bond ordinance shall be filed with the
County Clerk of the county in which the municipality or any portion thereof
is situated and shall constitute the authority for the extension and
collection of such taxes.
If there is no default in payment of the principal or interest upon the
bonds, and if after setting aside a sum of money equal to the amount of
interest that will accrue on the bonds and a sum of money equal to the
amount of principal that will become due thereon within the next six (6)
months' period, the treasurer and comptroller, if there is a comptroller,
of the municipality shall use the money available from the proceeds of the
taxes levied for the payment of the bonds in calling them for payment, if
by their terms they are subject to redemption. A municipality may provide
in the bond ordinance that whenever the municipality is not in default in
payment of the principal of or interest on the bonds and has set aside the
sums of money provided in this paragraph for interest accruing and
principal maturing within the next six (6) months' period, the money
available from the proceeds of taxes levied for the payment of these bonds
shall be used first in the purchase of the bonds at the lowest price
obtainable, but not to exceed their par value and accrued interest, after
sealed tenders for their purchase have been advertised for as may be
directed by the corporate authorities thereof.
Bonds called for payment and paid or purchased under this Section shall
be marked paid and cancelled.
Whenever any bonds are purchased or redeemed and cancelled, the taxes
thereafter to be extended for payment of the principal of and interest on
the remainder of the issue shall be reduced in an amount equal to the
principal of and the interest that would have thereafter accrued upon the
bonds so cancelled. A resolution shall be adopted by the corporate
authorities of the municipality finding these facts. A certified copy of
this resolution shall be filed with the County Clerk of the county in which
the municipality, or any portion thereof, is situated, whereupon the County
Clerk shall reduce and extend such tax levies in accordance therewith.
The ordinance may provide for the creation of a sinking fund to consist
of the proceeds of taxes levied for the payment of the principal of an
interest upon these bonds. This fund shall be faithfully applied to the
purchase or payment of the bonds, and interest thereon, issued pursuant to
the provisions of this Act.
Bonds issued by a municipality for the purposes herein set forth shall
not be in excess of any existing statutory limitation on municipal
indebtedness, nor shall any municipality by the issuance of the bonds
provided for in this Act be allowed to become indebted in any manner or for
any purpose to an amount including existing indebtedness in the aggregate
exceeding five per centum (5%) on the value of taxable property therein to
be ascertained by the last assessment for State and County taxes previous
to the incurring of such indebtedness.
No ordinance providing for the issuance of such bonds shall be effective
until it has been submitted to referendum of, and approved by, the electors
of that municipality in accordance with the provisions of Sections 8‑4‑1
and 8‑4‑2 of the Illinois Municipal Code, as heretofore and hereafter
amended.
In addition to the power to issue bonds as herein provided, every
municipality is authorized and empowered to appropriate and pay to the Land
Clearance Commission, whose area of operation includes that municipality,
available funds for the eradication and elimination of slum and blighted
areas in that municipality in the manner provided in this Act, including
the proceeds of bonds issued pursuant to the corporate powers specified in
Section 11‑11‑1 of the Illinois Municipal Code, as heretofore and hereafter
amended.
A municipality may make payments to a Land Clearance Commission for the
purposes specified in this Act even though such payments are not to be
matched by state funds.
Every municipality is authorized to accept donations, contributions,
capital grants, or gifts, from individuals, associations, corporations and
the United States of America, or any agency or instrumentality thereof
(including the Housing and Home Finance Agency), and to pay the same into
the separate fund of the Land Clearance Commission whose area of operation
includes such municipality.
Any municipality which has issued bonds pursuant to this section may by
ordinance authorize the use of the bond proceeds, or any portion thereof,
by a land clearance commission for the additional objectives and powers
authorized by this amendatory Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86‑4.)
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(315 ILCS 5/25) (from Ch. 67 1/2, par. 87)
Sec. 25.
With the approval of the Department
and the governing body of the municipality, a Land Clearance
Commission may use any of the funds arising from the sale of any
property acquired by the use of the separate fund herein provided for in
furtherance of any of the purposes of this Act in such municipality in
the manner provided in this Act. Upon a certificate presented by a Land
Clearance Commission to the Department to
the effect that such Commission has completed any project undertaken by
it under this Act and that it has no other or further duties to perform
in its area of operation, the Department
shall require the Land Clearance Commission to repay to the State of
Illinois and to the municipality included in the area of its operation
any unexpended and unobligated funds of the Commission, in the
proportion in which grants were made to such Commission by the State and
the municipality, including therein grants, if any, made by the State to
the Commission pursuant to any appropriations for slum and blight
eradication, land clearance or other authorized purpose. Grants made
pursuant to Section 22 shall be considered as grants made by the State.
Provided, however, that when a Department of Urban Renewal is
established pursuant to the provisions of the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy‑Second General
Assembly, in a municipality in which a Land Clearance Commission exists,
such Land Clearance Commission, in accordance with the provisions of
said Urban Renewal Consolidation Act of 1961, shall transfer and pay
over to the municipality which initiated the creation of such Department
of Urban Renewal all unexpended and unobligated funds of the Commission.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/25a) (from Ch. 67 1/2, par. 87a)
Sec. 25a.
In the event of the dissolution of any Land Clearance Commission
organized under the provisions of this Act or "An Act to promote the
improvement of housing", approved July 26, 1945, the funds of such
Commission which are or have been derived from grants made by the State of
Illinois shall be transferred to the State Housing Fund in the State
Treasury.
Provided, however, that in the event of the dissolution of any Land
Clearance Commission as a consequence of the establishment of a Department
of Urban Renewal pursuant to the provisions of the "Urban Renewal
Consolidation Act of 1961", enacted by the Seventy‑Second General
Assembly, the funds of such Commission which are or have been derived
from grants made by the State of Illinois, together with all other cash,
real property, securities, contracts, records, and assets of any kind or
nature to the extent and in the manner provided in said Urban Renewal
Consolidation Act of 1961, shall be conveyed, transferred, assigned,
delivered and paid over to the municipality which initiated the creation of
such Department of Urban Renewal.
(Source: Laws 1963, p. 1490.)
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(315 ILCS 5/26) (from Ch. 67 1/2, par. 88)
Sec. 26.
The Department may, in its
discretion, prescribe methods and forms for keeping accounts, records
and books to be used by a Commission, and prescribe accounts to which
particular outlays and receipts shall be entered, charged, or credited.
The Department may require a Commission to
file periodical reports not oftener than quarterly covering its
operations and activities in a form prescribed by the Department and may,
from time to time, require specific
answers to questions upon which the Department
may desire information. Copies of all such reports shall be
submitted to the governing body of the municipality or county, as the
case may be, of the area of operation of the Commission.
The Department or governing body of the
municipality or county which initiated the creation of a Land Clearance
Commission may investigate the conditions and affairs of the Commission,
its dealings, transactions or relationships, and may through its members
or employees examine its books, contracts, records, documents and
papers.
In its annual report to the Governor the Department shall present a detailed
statement regarding the fund
of each Commission to which a grant has been made and the uses to which
such fund has been applied.
(Source: P.A. 81‑1509.)
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(315 ILCS 5/26.1) (from Ch. 67 1/2, par. 88.1)
Sec. 26.1.
(a) A Commission shall have power to issue bonds from time to time in its discretion to procure funds for any of its corporate purposes,
including the payment of principal and interest upon any advances for
surveys and plans for redevelopment projects. A Commission shall also have
power to issue refunding bonds for the purpose of paying or retiring or in
exchange for bonds previously issued by it. "Bonds" as used in Sections 11,
26.1, 26.2 and 26.4 of this Act shall mean any bonds (including refunding
bonds) notes, interim certificates, debentures, or other obligations issued
by a commission pursuant to this Section, and the words "bondholder" or
"bondholders" as used in Section 26.3 of this Act shall mean the holder
or holders of any such bonds. A Commission shall issue such types of bonds
as it may determine, provided that the principal of and interest on such
bonds shall be payable, and such bonds shall contain a provision that the
principal thereof and interest thereon shall be payable exclusively from
the proceeds and revenues of any redevelopment project which is financed in
whole or in part with the proceeds of such bonds, together with that amount
of the funds of the Commission from whatever source derived as is necessary
to constitute the local cash grant‑in‑aid for the project within the
meaning of applicable federal law; provided, however, that any such bonds
may be additionally secured by a pledge of any loan, grant or contribution,
or parts thereof, thereafter to be received from the United States of
America or any agency or instrumentality thereof, or by the contracts
therefor.
(b) Neither the members of a Land Clearance Commission nor any person
executing such bonds shall be liable personally thereon by reason of the
issuance thereof. Such bonds (and the same shall so state on their face)
shall not be a debt of any city, village, incorporated town, county, the
State or any political subdivision thereof and neither the city, village,
incorporated town or the county, nor the State or any political subdivision
thereof, shall be liable thereon, nor in any event shall such bonds be
payable out of any funds or properties of a Land Clearance Commission other
than those enumerated in this Section. Such bonds shall not constitute an
indebtedness within the meaning of any constitutional or statutory debt
limitation or restriction. Bonds of a Commission are declared to be issued
for an essential public and governmental purpose.
(c) Bonds of a Commission shall be authorized by its resolution and may
be issued in one or more series and shall bear such date or dates, shall
mature at such time or times, bear interest at such rate or rates, not
exceeding the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, be in such denomination or
denominations, be in such form either coupon or registered, carry
registration privileges, have such priority, be executed in such manner, be
payable in such medium of payment, at such place or places, and be subject
to such terms of redemption (with or without premium) as such resolution,
any trust indenture relating thereto, and the bonds issued may provide.
Notwithstanding any other laws to the contrary, bonds authorized under this
section may be issued without submitting any proposition thereon to the
electorate by referendum or otherwise.
(d) The bonds shall be sold at not less than par and accrued interest.
(e) In case any of the commissioners or officers of the Commission whose
signatures appear on any bonds or coupons shall cease to be such
commissioners or officers before the delivery of such bonds, such
signatures shall, nevertheless, be valid and sufficient for all purposes,
the same as if such commissioners or officers had remained in office until
such delivery. Any provision of any law to the contrary notwithstanding,
any bonds issued pursuant to this Act shall be fully negotiable.
(f) In any suit, action or proceedings involving the validity or
enforceability of any bond of a Commission or the security therefor, any
such bond reciting in substance that it has been issued by the Commission,
to aid in financing any redevelopment projects pursuant to this Act and for
any other purposes authorized by this Act shall be conclusively deemed to
have been issued for such projects and other purposes and such projects
shall be conclusively deemed to have been planned, located and carried out
in accordance with the purposes and provisions of this Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86‑4.)
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(315 ILCS 5/26.2) (from Ch. 67 1/2, par. 88.2)
Sec. 26.2.
In connection with the issuance of bonds and in order to secure
the payment of such bonds, a Commission, in addition to its other powers,
shall have power in the bond resolution, subject to the limitations, terms
and provisions in this Act contained:
(a) To pledge all or any part of its revenues to which its right then
exists or may thereafter come into existence.
(b) To covenant against pledging all or any part of its revenues, or
against permitting or allowing any lien on its revenues or property; and
to covenant as to what other, or additional debts or obligations may be
incurred by it.
(c) To covenant as to the bonds to be issued and as to the issuance of
such bonds in escrow or otherwise, and as to the use and disposition of the
proceeds thereof; to provide for the replacement of lost, destroyed or
mutilated bonds; and to covenant for their redemption and to provide the
terms and conditions thereof.
(d) To covenant as to the use and disposition to be made of all or any
part of its revenues; and to create or to authorize the creation of special
funds for moneys held for operating costs, debt service, reserves, or other
purposes, and to covenant as to the use and disposition of the moneys held
in such funds.
(e) To prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of bonds
the holders of which must consent thereto and the manner in which such
consent may be given.
(f) To covenant as to the rights, liabilities, powers and duties arising
upon the breach by it of any covenant, condition, or obligation; and to
covenant and prescribe as to events of default and terms and conditions
upon which any or all of its bonds shall become or may be declared due
before maturity, and as to the terms and conditions upon which such
declaration and its consequences may be waived.
(g) To vest in a trustee or trustees or the holders of bonds or any
specified proportion of them the right to enforce the payment of the bonds
or any covenants securing or relating to the bonds; and to enforce
collection of the proceeds and revenues arising from any redevelopment
project which have been pledged to secure such bonds and to dispose of such
moneys in accordance with the agreement of the Commission with such trustee
or trustees, or obligee or obligees; to provide for the powers and duties
of such trustee or trustees and obligee or obligees and to limit the
liabilities thereof; and to provide the terms and conditions upon which
such trustee or trustees, or obligee or obligees may enforce any covenant
or rights securing or relating to the bonds; and
(h) To exercise all or any part or combination of the powers herein
granted; to make covenants other than and in addition to the covenants
herein expressly authorized, of like or different character; to make such
covenants and to do any and all such acts and things as may be necessary or
convenient or desirable in order to secure its bonds, or, in the absolute
discretion of the Commission, as will tend to make the bonds more
marketable notwithstanding that such covenants, acts or things may not be
enumerated herein.
(Source: P.A. 84‑551.)
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(315 ILCS 5/26.3) (from Ch. 67 1/2, par. 88.3)
Sec. 26.3.
A bondholder or trustee for a bondholder shall have the right in addition to all other rights which may be conferred on such bondholder or
trustee, subject to any contractual restrictions binding upon such
bondholder or trustee, and to the limitations, terms and provisions in this
Act contained:
(a) By mandamus, injunction, civil action or proceeding to
compel said Commission and the commissioners, officers, agents, or
employees thereof to perform each and every term, provision and covenant
contained in the bond resolution and in any contract of the Commission
with or for the benefit of such bondholder or trustee, and to require the
carrying out of any or all such covenants and agreements of said Commission
and the fulfillment of all duties imposed upon said Commission by this Act.
(b) By action or proceeding to enjoin any acts or
things which may be unlawful, or the violation of any of the rights of such
bondholders.
(Source: P.A. 83‑345.)
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(315 ILCS 5/26.4) (from Ch. 67 1/2, par. 88.4)
Sec. 26.4.
The State and all counties, cities, villages, incorporated towns and other municipal corporations, political subdivisions and public bodies
and public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on a
banking business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or within
their control in any bonds of a land clearance commission issued in
connection with a project for which the United States of America or any
agency or instrumentality thereof, the State, or any political subdivision
of the State has extended or provided for or has agreed to extend or
provide for, financial assistance which prior to the maturity of such
bonds, will be in an amount which (together with any other monies
irrevocably committed to the payment of the principal and interest on such
bonds) will suffice to pay the principal of such bonds with interest to
maturity thereon and which monies are required to be used for the purpose
of paying the principal of and the interest on such bonds at their
maturity, it being the purpose of this section to authorize the investment
in such bonds of all sinking, insurance, retirement, compensation, pension
and trust funds, whether owned or controlled by private or public persons
or officers; provided, however, that nothing contained in this section may
be construed as relieving any person, firm or corporation from any duty of
exercising reasonable care in selecting securities.
(Source: Laws 1955, p. 1776.)
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(315 ILCS 5/27) (from Ch. 67 1/2, par. 89)
Sec. 27.
This Act shall be deemed to create an additional and alternative
method for the eradication of slum and blighted areas and for sound
community development and redevelopment. This Act shall not be deemed to
alter, amend or repeal any other statute having to do with such matters;
and no proceedings, actions or notices shall be required for the doing, or
as a condition precedent for the doing, of any of the things herein
authorized, except such as are prescribed by this Act. The proceedings
herein authorized shall not be subject to the Administrative Review Law, as amended.
(Source: P.A. 82‑783.)
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(315 ILCS 5/28) (from Ch. 67 1/2, par. 90)
Sec. 28.
This Act being necessary for and intended to secure the public
health, safety and welfare, the provisions of this Act shall be liberally
construed to effectuate the provisions hereof.
(Source: Laws 1947, p. 1072.)
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(315 ILCS 5/29) (from Ch. 67 1/2, par. 91)
Sec. 29.
If any section, clause, sentence, paragraph, part or provision of
this Act shall be held to be invalid by any Court, it shall be
conclusively presumed that the remaining portions of this Act would have
been passed by the Legislature without such invalid section, clause,
sentence, paragraph, part or provision.
(Source: Laws 1947, p. 1072.)
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