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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 11-74.4-4 as follows:
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6 | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
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7 | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | |||||||||||||||||||
8 | project
areas. The changes made by this amendatory Act of the | |||||||||||||||||||
9 | 91st General Assembly
do not apply to a municipality that, (i) | |||||||||||||||||||
10 | before the effective date of this
amendatory Act of the 91st | |||||||||||||||||||
11 | General Assembly, has adopted an ordinance or
resolution fixing | |||||||||||||||||||
12 | a time and place for a
public hearing under Section 11-74.4-5 | |||||||||||||||||||
13 | or (ii) before July 1, 1999, has
adopted an ordinance or | |||||||||||||||||||
14 | resolution providing for a feasibility study under
Section | |||||||||||||||||||
15 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | |||||||||||||||||||
16 | redevelopment plans and redevelopment projects or designating
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17 | redevelopment project areas under this Section, until after | |||||||||||||||||||
18 | that
municipality adopts an ordinance
approving redevelopment | |||||||||||||||||||
19 | plans and redevelopment projects or designating
redevelopment | |||||||||||||||||||
20 | project areas under this Section; thereafter the changes made | |||||||||||||||||||
21 | by
this amendatory Act of the 91st General Assembly apply to | |||||||||||||||||||
22 | the same extent that
they apply to
redevelopment plans and | |||||||||||||||||||
23 | redevelopment projects that were approved and
redevelopment |
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1 | projects that were designated before the effective date of this
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2 | amendatory Act of the 91st General Assembly.
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3 | A municipality may: | ||||||
4 | (a) By ordinance introduced in the
governing body of the | ||||||
5 | municipality within 14 to 90 days from the completion
of the | ||||||
6 | hearing specified in Section 11-74.4-5
approve redevelopment | ||||||
7 | plans and redevelopment projects, and designate
redevelopment | ||||||
8 | project areas pursuant to notice and hearing required by this
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9 | Act. No redevelopment project area shall be designated unless a | ||||||
10 | plan and
project are approved
prior to the designation of such | ||||||
11 | area and such area
shall include only those contiguous parcels | ||||||
12 | of real property and
improvements thereon substantially | ||||||
13 | benefited by the proposed redevelopment
project improvements.
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14 | Upon adoption of the ordinances, the municipality shall | ||||||
15 | forthwith transmit to
the county clerk of the county or | ||||||
16 | counties within which the redevelopment
project area is located | ||||||
17 | a certified copy of the ordinances, a legal description
of the | ||||||
18 | redevelopment project area, a map of the redevelopment project | ||||||
19 | area,
identification of the year that the county clerk shall | ||||||
20 | use for determining the
total initial equalized assessed value | ||||||
21 | of the redevelopment project area
consistent with subsection | ||||||
22 | (a) of Section 11-74.4-9, and a
list of the parcel or tax | ||||||
23 | identification number of each parcel of property
included in | ||||||
24 | the redevelopment project area.
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25 | (b) Make and enter into all contracts with property owners, | ||||||
26 | developers,
tenants, overlapping taxing bodies, and others |
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1 | necessary or incidental to the
implementation and furtherance | ||||||
2 | of its redevelopment plan and project.
Contract provisions | ||||||
3 | concerning loan repayment obligations in contracts
entered | ||||||
4 | into on or after the effective date of this amendatory Act
of
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5 | the 93rd
General Assembly shall terminate no later than the | ||||||
6 | last to occur of the
estimated dates of
completion of the
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7 | redevelopment project and retirement of the obligations issued | ||||||
8 | to finance
redevelopment
project costs as required by item (3) | ||||||
9 | of subsection (n) of Section 11-74.4-3.
Payments received under
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10 | contracts entered
into by the
municipality prior to the | ||||||
11 | effective date of this amendatory Act of the 93rd
General
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12 | Assembly that are received after the redevelopment project area | ||||||
13 | has been
terminated by
municipal ordinance shall be deposited | ||||||
14 | into a special fund of the municipality
to be used
for other | ||||||
15 | community redevelopment needs within the redevelopment project
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16 | area.
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17 | (c) Within a redevelopment project area, acquire by | ||||||
18 | purchase, donation,
lease or
eminent domain; own, convey, | ||||||
19 | lease, mortgage or dispose of land
and other property, real or | ||||||
20 | personal, or rights or interests therein, and
grant or acquire | ||||||
21 | licenses, easements and options with respect thereto, all
in | ||||||
22 | the manner and at such price the municipality determines is | ||||||
23 | reasonably
necessary to achieve the objectives of the | ||||||
24 | redevelopment plan and project.
No conveyance, lease, | ||||||
25 | mortgage, disposition of land or other property owned
by a | ||||||
26 | municipality, or
agreement relating to the development of such |
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1 | municipal property
shall be
made except
upon the adoption of an | ||||||
2 | ordinance by the corporate authorities of the
municipality. | ||||||
3 | Furthermore, no conveyance, lease, mortgage, or other
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4 | disposition of land owned by a municipality or agreement | ||||||
5 | relating to the
development of such municipal property
shall be | ||||||
6 | made without making public disclosure of the terms of the
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7 | disposition and all bids and proposals made in response to the
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8 | municipality's request. The procedures for obtaining such bids | ||||||
9 | and
proposals shall provide reasonable opportunity for any | ||||||
10 | person to submit
alternative proposals or bids.
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11 | (d) Within a redevelopment project area, clear any area by
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12 | demolition or removal of any existing buildings and structures.
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13 | (e) Within a redevelopment project area, renovate or | ||||||
14 | rehabilitate or
construct any structure or building, as | ||||||
15 | permitted under this Act.
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16 | (f) Install, repair, construct, reconstruct or relocate | ||||||
17 | streets, utilities
and site improvements essential to the | ||||||
18 | preparation of the redevelopment
area for use in accordance | ||||||
19 | with a redevelopment plan.
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20 | (g) Within a redevelopment project area, fix, charge and | ||||||
21 | collect fees,
rents and charges for the use of any building or | ||||||
22 | property owned or leased
by it or any part thereof, or facility | ||||||
23 | therein.
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24 | (h) Accept grants, guarantees and donations of property, | ||||||
25 | labor, or other
things of value from a public or private source | ||||||
26 | for use within a project
redevelopment area.
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1 | (i) Acquire and construct public facilities within a | ||||||
2 | redevelopment project
area, as permitted under this Act.
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3 | (j) Incur project redevelopment costs and reimburse | ||||||
4 | developers who incur
redevelopment project costs authorized by | ||||||
5 | a redevelopment agreement; provided,
however, that on and
after | ||||||
6 | the effective date of this amendatory
Act of the 91st General | ||||||
7 | Assembly, no municipality shall incur redevelopment
project | ||||||
8 | costs (except for planning costs and any other eligible costs
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9 | authorized by municipal ordinance or resolution that are | ||||||
10 | subsequently included
in the
redevelopment plan for the area | ||||||
11 | and are incurred by the municipality after the
ordinance or | ||||||
12 | resolution is adopted)
that are
not consistent with the program | ||||||
13 | for
accomplishing the objectives of the
redevelopment plan as | ||||||
14 | included in that plan and approved by the
municipality until | ||||||
15 | the municipality has amended
the redevelopment plan as provided | ||||||
16 | elsewhere in this Act.
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17 | (k) Create a commission of not less than 5 or more than 15 | ||||||
18 | persons to
be appointed by the mayor or president of the | ||||||
19 | municipality with the consent
of the majority of the governing | ||||||
20 | board of the municipality. Members of a
commission appointed | ||||||
21 | after the effective date of this amendatory Act of
1987 shall | ||||||
22 | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
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23 | respectively, in such numbers as to provide that the terms of | ||||||
24 | not more than
1/3 of all such members shall expire in any one | ||||||
25 | year. Their successors
shall be appointed for a term of 5 | ||||||
26 | years. The commission, subject to
approval of the corporate |
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1 | authorities may exercise the powers enumerated in
this Section. | ||||||
2 | The commission shall also have the power to hold the public
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3 | hearings required by this division and make recommendations to | ||||||
4 | the
corporate authorities concerning the adoption of | ||||||
5 | redevelopment plans,
redevelopment projects and designation of | ||||||
6 | redevelopment project areas.
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7 | (l) Make payment in lieu of taxes or a portion thereof to | ||||||
8 | taxing districts.
If payments in lieu of taxes or a portion | ||||||
9 | thereof are made to taxing districts,
those payments shall be | ||||||
10 | made to all districts within a project redevelopment
area on a | ||||||
11 | basis which is proportional to the current collections of | ||||||
12 | revenue
which each taxing district receives from real property | ||||||
13 | in the redevelopment
project area.
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14 | (m) Exercise any and all other powers necessary to | ||||||
15 | effectuate the purposes
of this Act.
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16 | (n) If any member of the corporate authority, a member of a | ||||||
17 | commission
established pursuant to Section 11-74.4-4(k) of | ||||||
18 | this Act, or an employee
or consultant of the municipality | ||||||
19 | involved in the planning and preparation
of a redevelopment | ||||||
20 | plan, or project for a redevelopment project area or
proposed | ||||||
21 | redevelopment project area, as defined in Sections | ||||||
22 | 11-74.4-3(i)
through (k) of this Act, owns or controls an | ||||||
23 | interest, direct or indirect,
in any property included in any | ||||||
24 | redevelopment area, or proposed
redevelopment area, he or she | ||||||
25 | shall disclose the same in writing to the
clerk of the | ||||||
26 | municipality, and shall also so disclose the dates and terms
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1 | and conditions of any disposition of any such interest, which | ||||||
2 | disclosures
shall be acknowledged by the corporate authorities | ||||||
3 | and entered upon the
minute books of the corporate authorities. | ||||||
4 | If an individual
holds such an interest then that individual | ||||||
5 | shall refrain from any further
official involvement in regard | ||||||
6 | to such redevelopment plan, project or area,
from voting on any | ||||||
7 | matter pertaining to such redevelopment plan, project
or area, | ||||||
8 | or communicating with other members concerning corporate | ||||||
9 | authorities,
commission or employees concerning any matter | ||||||
10 | pertaining to said redevelopment
plan, project or area. | ||||||
11 | Furthermore, no such member or employee shall acquire
of any | ||||||
12 | interest direct, or indirect, in any property in a | ||||||
13 | redevelopment
area or proposed redevelopment area after either | ||||||
14 | (a) such individual obtains
knowledge of such plan, project or | ||||||
15 | area or (b) first public notice of such
plan, project or area | ||||||
16 | pursuant to Section 11-74.4-6 of this Division, whichever
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17 | occurs first.
For the
purposes of this subsection, a property | ||||||
18 | interest
acquired in a
single parcel of property by a member of | ||||||
19 | the corporate authority, which
property
is used
exclusively as | ||||||
20 | the member's primary residence, shall not be deemed to
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21 | constitute an
interest in any property included in a | ||||||
22 | redevelopment area or proposed
redevelopment area
that was | ||||||
23 | established before December 31, 1989, but the member must | ||||||
24 | disclose the
acquisition to the municipal clerk under the | ||||||
25 | provisions of this subsection.
A single property interest
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26 | acquired within one year after the effective date of this |
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1 | amendatory Act of the 94th General Assembly or 2 years after | ||||||
2 | the effective date of this amendatory Act of the 95th General | ||||||
3 | Assembly by a member of the corporate authority does not
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4 | constitute an
interest in any property included in any | ||||||
5 | redevelopment area or proposed
redevelopment area, regardless | ||||||
6 | of when the redevelopment area was established, if (i) the
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7 | property
is used
exclusively as the member's primary residence, | ||||||
8 | (ii) the member discloses the acquisition to the municipal | ||||||
9 | clerk under the provisions of this subsection, (iii) the | ||||||
10 | acquisition is for fair market value, (iv) the member acquires | ||||||
11 | the property as a result of the property being publicly | ||||||
12 | advertised for sale, and (v) the member refrains from voting | ||||||
13 | on, and communicating with other members concerning, any matter | ||||||
14 | when the benefits to the redevelopment project or area would be | ||||||
15 | significantly greater than the benefits to the municipality as | ||||||
16 | a whole. For the purposes of this subsection, a month-to-month | ||||||
17 | leasehold interest
in a single parcel of property by a member | ||||||
18 | of the corporate authority
shall not be deemed to constitute an | ||||||
19 | interest in any property included in any
redevelopment area or | ||||||
20 | proposed redevelopment area, but the member must disclose
the | ||||||
21 | interest to the municipal clerk under the provisions of this | ||||||
22 | subsection.
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23 | (o) Create a Tax Increment Economic Development Advisory | ||||||
24 | Committee to
be appointed by the Mayor or President of the | ||||||
25 | municipality with the consent
of the majority of the governing | ||||||
26 | board of the municipality, the members of
which Committee shall |
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1 | be appointed for initial terms of 1, 2, 3, 4 and 5
years | ||||||
2 | respectively, in such numbers as to provide that the terms of | ||||||
3 | not
more than 1/3 of all such members shall expire in any one | ||||||
4 | year. Their
successors shall be appointed for a term of 5 | ||||||
5 | years. The Committee shall
have none of the powers enumerated | ||||||
6 | in this Section. The Committee shall
serve in an advisory | ||||||
7 | capacity only. The Committee may advise the governing
Board of | ||||||
8 | the municipality and other municipal officials regarding
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9 | development issues and opportunities within the redevelopment | ||||||
10 | project area
or the area within the State Sales Tax Boundary. | ||||||
11 | The Committee may also
promote and publicize development | ||||||
12 | opportunities in the redevelopment
project area or the area | ||||||
13 | within the State Sales Tax Boundary.
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14 | (p) Municipalities may jointly undertake and perform | ||||||
15 | redevelopment plans
and projects and utilize the provisions of | ||||||
16 | the Act wherever they have
contiguous redevelopment project | ||||||
17 | areas or they determine to adopt tax
increment financing with | ||||||
18 | respect to a redevelopment project area which
includes | ||||||
19 | contiguous real property within the boundaries of the
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20 | municipalities, and in doing so, they may, by agreement between
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21 | municipalities, issue obligations, separately or jointly, and | ||||||
22 | expend
revenues received under the Act for eligible expenses | ||||||
23 | anywhere within
contiguous redevelopment project areas or as | ||||||
24 | otherwise permitted in the Act.
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25 | (q) Utilize revenues, other than State sales tax increment | ||||||
26 | revenues,
received under this Act from one redevelopment |
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1 | project area for
eligible
costs in another redevelopment | ||||||
2 | project area that is:
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3 | (i) contiguous to the redevelopment project area from | ||||||
4 | which the revenues are received; | ||||||
5 | (ii) separated only by a public right of way from the | ||||||
6 | redevelopment project area from which the revenues are | ||||||
7 | received; or | ||||||
8 | (iii) separated only by forest preserve property from | ||||||
9 | the redevelopment project
area from which the revenues are | ||||||
10 | received if the closest boundaries of the redevelopment | ||||||
11 | project areas that are separated by the forest preserve | ||||||
12 | property are less than one mile apart.
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13 | Utilize tax increment revenues for eligible costs that are | ||||||
14 | received from a
redevelopment project area created under the | ||||||
15 | Industrial Jobs Recovery Law that
is either contiguous to, or | ||||||
16 | is separated only by a public right of way from,
the | ||||||
17 | redevelopment project area created under this Act which | ||||||
18 | initially receives
these revenues. Utilize revenues, other | ||||||
19 | than State sales tax increment
revenues, by transferring or | ||||||
20 | loaning such revenues to a redevelopment project
area created | ||||||
21 | under the Industrial Jobs Recovery Law that is either | ||||||
22 | contiguous
to, or separated only by a public right of way from | ||||||
23 | the redevelopment project
area that initially produced and | ||||||
24 | received those revenues; and, if the
redevelopment
project area | ||||||
25 | (i) was established before the effective date of this | ||||||
26 | amendatory
Act of the 91st General Assembly and (ii) is located |
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1 | within a municipality with
a population of more than 100,000,
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2 | utilize revenues or proceeds of obligations authorized by | ||||||
3 | Section 11-74.4-7 of
this
Act, other than use or occupation tax | ||||||
4 | revenues, to pay for any redevelopment
project costs as defined | ||||||
5 | by subsection (q) of Section 11-74.4-3 to the extent
that the | ||||||
6 | redevelopment project costs involve public property that is | ||||||
7 | either
contiguous to, or separated only by a public right of | ||||||
8 | way from, a redevelopment
project area whether or not | ||||||
9 | redevelopment project costs or the source of
payment for the | ||||||
10 | costs are specifically set forth in the redevelopment plan for
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11 | the redevelopment project area.
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12 | (q-5) Utilize revenues, other than the State sales tax | ||||||
13 | increment revenues, received under this Act from one | ||||||
14 | redevelopment project area located within the City of Waukegan | ||||||
15 | for eligible costs in another redevelopment project area | ||||||
16 | located within the City of Waukegan. | ||||||
17 | (r) If no redevelopment project has been initiated in a
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18 | redevelopment
project area within 7 years after the area was | ||||||
19 | designated by ordinance under
subsection (a), the municipality | ||||||
20 | shall adopt an ordinance repealing the area's
designation as a | ||||||
21 | redevelopment project area; provided, however, that if an area
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22 | received its
designation more than 3 years before the effective | ||||||
23 | date of this amendatory Act
of 1994 and no redevelopment | ||||||
24 | project has been initiated
within 4 years after the effective | ||||||
25 | date of this amendatory Act of 1994, the
municipality shall | ||||||
26 | adopt an ordinance repealing its designation as a
redevelopment |
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1 | project area. Initiation of a redevelopment project shall be
| ||||||
2 | evidenced by either a signed redevelopment agreement or | ||||||
3 | expenditures on
eligible redevelopment project costs | ||||||
4 | associated with a redevelopment project. | ||||||
5 | Notwithstanding any other provision of this Section to the | ||||||
6 | contrary, with respect to a redevelopment project area | ||||||
7 | designated by an ordinance that was adopted on July 29, 1998 by | ||||||
8 | the City of Chicago, the City of Chicago shall adopt an | ||||||
9 | ordinance repealing the area's designation as a redevelopment | ||||||
10 | project area if no redevelopment project has been initiated in | ||||||
11 | the redevelopment project area within 15 years after the | ||||||
12 | designation of the area. The City of Chicago may retroactively | ||||||
13 | repeal any ordinance adopted by the City of Chicago, pursuant | ||||||
14 | to this subsection (r), that repealed the designation of a | ||||||
15 | redevelopment project area designated by an ordinance that was | ||||||
16 | adopted by the City of Chicago on July 29, 1998. The City of | ||||||
17 | Chicago has 90 days after the effective date of this amendatory | ||||||
18 | Act to repeal the ordinance. The changes to this Section made | ||||||
19 | by this amendatory Act of the 96th General Assembly apply | ||||||
20 | retroactively to July 27, 2005.
| ||||||
21 | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|