Copyrighted by WHEATON CODE & Municipal Code Corporation, 1998.
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ARTICLE XIII. Sec. 22-176. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Real property means lands, lands under water, structures, and any or all easements, franchises, and incorporeal hereditaments, estates and rights, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise.
Redevelopment area means any improved or vacant area or parcel of real estate located within the territorial limits of the city to be acquired and/or developed in accordance with a redevelopment plan, where:
(1) If improved, industrial, commercial and residential buildings or improvements which, because of a combination of five or more of the following factors are detrimental to the public safety, health, morals or welfare: age, dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures, or parts thereof, below minimum city and ICC International Code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate facilities; or excessive land coverage; deleterious land use or layout; depreciation or lack of physical maintenance; or any other condition which is detrimental to the public safety, health, morals or welfare;
(2) If vacant, the sound growth of the area is impaired by a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas to the vacant land.
Redevelopment plan means the program for the clearing, or rehabilitation and physical development, of a redevelopment area, which includes a consideration and projection of the steps necessary for the elimination or rehabilitation of a redevelopment area and the protection of adjacent areas; and in the discretion of the city, consideration of administrative, funding, and financial details and proposals necessary to carry out the plan.
Redevelopment project or project means a project involving a redevelopment area as defined in this section, including undertakings and activities of the city in a project for the elimination and prevention of the development or spread of further conditions requiring redevelopment; such undertakings and activities may include, but are not limited to:
(1) Acquisition of a parcel or area of real estate determined to be in need of redevelopment, or a portion thereof;
(2) Demolition and removal of buildings and improvements;
(3) Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for the carrying out in the project of the objectives of this article;
(4) Disposition of property acquired in the project;
(5) Carrying out of plans for a program of voluntary repair and rehabilitation of buildings or other improvements in accordance with a redevelopment plan.
(Ord. No. F-1044, § 1, 5-16-05)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 22-177. Powers of corporate authorities.
In carrying out a redevelopment plan, the corporate authorities of the city shall have the following powers, in addition to those powers provided for by law:
(1) To approve all development and redevelopment proposals for any business or nonbusiness district.
(2) To exercise the use of eminent domain for the acquisition of real and personal property for the purpose of a project.
(3) To acquire, manage, convey or otherwise dispose of real and personal property acquired pursuant to the provisions of a redevelopment plan.
(4) To apply for and accept capital grants and loans from the United States or the state, or any instrumentality of the United States or the state, for the redevelopment of the area in consideration.
(5) To borrow funds as it may be deemed necessary for the purpose of redevelopment and, in this connection, to issue such obligation or revenue bonds as shall be necessary, subject to applicable statutory limitations, if any.
(6) To enter into contracts with any public or private agency, entity, corporation or person.
(7) To sell, lease, trade or improve such real property as may be acquired in connection with a redevelopment plan.
(8) To employ all such persons as may be necessary for the planning, administration and implementation of the redevelopment plan.
(9) To expend such public funds as may be necessary for the planning, execution and implementation of the redevelopment plan, including, but not limited to, planning consultants, architectural consultants, business consultants, legal consultants, real estate appraisers, bond counsel; costs of studies and surveys, plans and specifications, engineering, marketing, financial or special services; property assembly costs, including but not limited to acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, and the clearing or grading of land, costs of rehabilitation, reconstruction, repair, or remodeling of existing buildings and fixtures; costs of the construction of public works or improvements; financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this article accruing during the estimated period of construction of any development project for which such obligations are issued; and securing repayment of all such costs.
(10) To promulgate the provisions of this article pursuant to any specific ordinance pertaining to real estate designated to be within a redevelopment area.
(11) To clear any area acquired by demolition or removal of existing buildings and structures.
(12) To repair, renovate, rehabilitate, construct, or implement the elements of the redevelopment plan on, in, or about any structure, building, or real estate within a redevelopment area. If the redevelopment plan requires the owner of record of any structure, building, or real estate to repair, renovate, rehabilitate, construct or implement the elements of the redevelopment plan on, in, or about such structure, building, or real estate, the city shall advise the owner of record thereof in writing. If the owner of record fails or refuses to repair, renovate, rehabilitate, construct, or implement the elements of the development plan as directed by the city, the city, in its sole discretion, may proceed with any one or more of the following, in its sole discretion:
a. File a cause of action requesting the appropriate relief in any court of competent jurisdiction; or
b. Perform, or cause to be performed by an independent contractor, the repair, renovation, rehabilitation, construction, or implementation of the elements of the redevelopment plan on, in, or about the structure, building, or real estate within the redevelopment area; and in this event, the city shall have a lien for the costs for such services, labor, and/or materials upon such real estate. The enforcement of this lien shall be governed by the provisions of An Act Relating to Contractors' and Materialmen's Liens, Known as Mechanics' Liens' (770 ILCS 60/0.01 et seq.).
(13) To install, repair, construct, reconstruct or relocate streets, utilities and site improvements essential to the preparation of the development area for use in accordance with any redevelopment plan.
(14) To fix, charge and collect fees, rents and charges for the use of any building or property owned or leased by the city or any part thereof or facility therein within a redevelopment project or area.
(15) To accept grants, guarantees and donations of property, labor or other things of value from any public or private source for use within the redevelopment project area.
(16) To acquire and construct public facilities within a redevelopment project area.
(17) To incur redevelopment project costs.
(18) To exercise any and all other powers necessary to effectuate and implement the purposes of this article.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-178. Determination to acquire redevelopment area.
The city may, by ordinance, determine that a particular area or parcel of real estate is in need of redevelopment and constitutes a redevelopment area, as provided for in this article. The city may, by ordinance, determine that all, or part, of the redevelopment area should be acquired, rehabilitated, and/or conserved and thereafter shall accurately describe the area included within the redevelopment project and so advise the owner of record, in writing, of this determination, and further so advise the owner of record whether the real estate is to be acquired by the city.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-179. Acquisition of real property.
The city may proceed to plan and undertake a redevelopment project and to acquire by gift, purchase, or condemnation the fee simple title to all or part of the real property lying within the area included within the project, including easements and reversionary interests in the streets, alleys, and other public places lying within the area. If any such real property is subject to an easement, the city, 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 the redevelopment plan. If any such real property is already devoted to a public use, it may nevertheless be acquired. Condemnation proceedings instituted by the city 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 amended (735 ILCS 5/7-101 et seq.). The effective date of any ordinance authorizing acquisition of real property shall be effective immediately upon its passage and approval if the ordinance provides for an immediate effective date.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-180. Contracts for removal or renovation of buildings.
At any time prior or subsequent to the time the city acquires title to and possession of all or any part of the real property located within the redevelopment project, it may let contracts for the demolition, removal or renovation of buildings standing thereon and for the removal of any debris resulting therefrom. The city may, but need not, advertise for sealed bids for the doing of such work and may, but need not, let the contract to the lowest responsible bidder.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-181. Sale of real property within area of redevelopment project.
The city may, at such times as it deems expedient, either prior or subsequent to the time the city acquires title to any real estate within the redevelopment area, enter into a contract with any public or private agency, entity, corporation, or person pertaining to the lease or sale of the property. The city may, at such times as it deems expedient, also transfer and sell the fee simple title, or such lesser estate, as the city may have acquired or may hereafter acquire to all or any part of the real property within the area of a redevelopment project to any public or private agency, entity, corporation, or person pursuant to such terms and provisions as the city deems appropriate and in the best interests of its citizens. Specifically, the city need not advertise the proposed sale of real estate and need not solicit bids for the purchase of real estate.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-182. Plan for development or redevelopment of the project area.
Prior to making a sale or conveyance of any part or interest of the real estate within the area of a redevelopment project, the city shall prepare and approve a general plan for the development or redevelopment of the project area. The development or redevelopment of the project area shall, in general, conform to the provisions of the redevelopment plan and any other provisions and requirements provided for by ordinance of the city unless the city, in its sole discretion, otherwise determines by ordinance.
(Ord. No. F-1044, § 1, 5-16-05)
Sec. 22-183. Exclusive jurisdiction.
The city shall exercise all powers necessary to carry out the purposes of this article within the territorial limits of the city to the exclusion of any and all other governmental bodies, agencies, municipal corporations, county and political subdivisions of the state acting pursuant to any power provided for by law.
(Ord. No. F-1044, § 1, 5-16-05)
Secs. 22-184--22-199. Reserved.
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REDEVELOPMENT OF REAL ESTATE