(A) Definitions. As used in these Registration Rules, the following items shall have the definitions set forth below.
ACT. The Tax Increment Allocation Redevelopment Act, ILCS Ch. 65, Act 5, §§ 11-74.4-1 et seq., as amended from time to time.
CITY. The City of Berwyn, a home rule unit of government under Section 6(a), Article VII of the 1970 Constitution of the State of Illinois.
CITY CLERK. The City Clerk for the City of Berwyn and the office of the City Clerk.
CORPORATE AUTHORITIES. The Mayor and Council members then holding office.
DEPARTMENT. Any department, division, agency, bureau or administrative subdivision of the city.
INTERESTED PARTY(S).
(a) Any organization(s) active within the municipality;
(b) Any resident(s) of the city; and
(c) Any other entity or person otherwise entitled under the Act to register in a specific Registry who has registered in the Registry and whose registration has not been terminated in accordance with these Registration Rules.
MUNICIPALITY. The City of Berwyn.
ORGANIZATION ACTIVE WITHIN THE MUNICIPALITY. Any of the following:
(a) Any organization which has its headquarters, principal office or place of business within the limits of the municipality; or
(b) Any organization which has its headquarters, principal office or place of business within five miles of the municipality’s borders.
(c) The term
ORGANIZATION ACTIVE WITHIN THE MUNICIPALITY shall specifically exclude international, national, statewide and other organizations unless the organizations have a local office within the territory of the municipality. The term ORGANIZATION ACTIVE WITHIN THE MUNICIPALITY shall specifically exclude other non-international, non-national, and non-statewide and other organizations not meeting the definition in division (a) or (b) hereof.
(d) The term
ACTIVE shall mean that an organization has no less than 25% of its membership as residents of the municipality. For the purposes of this definition, RESIDENT encompasses both individuals and businesses. Thus, an individual not residing within the municipality but who is an owner, shareholder, employer or employee of a business situated within the borders of the municipality is deemed a resident of the municipality.
(e) An international, national, statewide or other organization not meeting the requirements of the definition of
ORGANIZATION ACTIVE WITHIN THE MUNICIPALITY under divisions (a) and (b) of this definition may petition the Mayor for an exemption to the definition of the term ORGANIZATION ACTIVE WITHIN THE MUNICIPALITY. Upon receipt of the petition, the Mayor shall review the petition and make a determination, within 60 days of receipt, to grant or deny the petition. If the Mayor denies an organization’s petition for exemption, the organization shall then request a hearing before the corporate authorities, provided the organization makes a written request within ten calendar days of the date on which the Mayor issued the determination to deny the petition. Upon receipt of the request for a hearing, the corporate authorities, within a reasonable period of time, shall set a date for the hearing, provided, however, that the petitioning organization shall have no less than ten days prior written notice of the time and place of the hearing. Formal rules of evidence shall not apply and the petitioning organization may be represented by an attorney if it so desires. The corporate authorities shall conduct the hearing and permit the petitioning organization to present any and all reasons it should be allowed to register as an interested party. The corporate authorities shall issue a determination on the organization’s petition within 30 days after conclusion of the hearing. In the event that the corporate authorities shall grant the petition for exemption, the organization shall comply with the other requirements of these Registration Rules and submit the requisite interested party registry form within ten days of the date of the decision granting the exemption. Any decision of the corporate authorities shall not affect any rights of the organization under the Freedom of Information Act.
REDEVELOPMENT PROJECT AREA. A redevelopment project area that is:
(a) Intended to qualify (or that has subsequently qualified) as a redevelopment project area under the Act; and
(b) Subject to the interested parties registry requirements of the Act.
REGISTRATION FORM. The form appended to these Registration Rules or the revised form as may be approved by the department consistent with the requirements of the Act.
REGISTRY or REGISTRIES. Each interested parties registry, and all registries, collectively, established by the city pursuant to § 11-74.4-4.2 of the Act for a Redevelopment Project Area.
(B) Establishment of Registry. The city shall establish a separate Interested Parties Registry for each Redevelopment Project Area, whether existing as of the date of the adoption of these Rules or hereafter established.
(C) Maintenance of Registry. The Registries shall be maintained by the City Clerk of the city, which has a principal business office located at 6700 West 26th Street, Berwyn, IL 60402, or his or her designee. In the event the city determines that a department other than City Clerk should maintain the Registries, the city may transfer the responsibility for maintaining the Registries to the other department, provided that the city:
(1) Gives prior written notice to all interested parties not less than 30 days prior to the transfer; and
(2) Publishes notice of the transfer at least twice, the first publication to be not more than 30 nor less than ten days prior to the transfer, in a newspaper of general circulation in the city.
(D) Registration by residents. An individual seeking to register as an interested party with respect to a redevelopment project area must complete and submit a registration form to the City Clerk. The individual must also submit a copy of a current driver’s license, lease, utility bill, financial statement or other evidence as may be acceptable to the City Clerk to establish the individual’s current city residency.
(E) Registration by organizations. An organization seeking to register as an interested party with respect to a redevelopment project area must complete and submit an application to the City Clerk on a form provided by the Clerk’s office. The organization must also submit a copy of a one-page statement describing the organization’s current operations in the city.
(F) Determination of eligibility. All individuals and organizations whose registration form and supporting documentation complies with these Registration Rules shall be registered in the applicable Registry within ten business days of the City Clerk’s receipt of all documents. The City Clerk shall provide written notice to the registrant confirming the registration. Upon registration, interested parties shall be entitled to receive all notices and documents required to be delivered under these Rules or as otherwise required under the Act with respect to the applicable redevelopment project area. If the City Clerk determines that a registrant’s registration form and/or supporting documentation is incomplete or does not comply with these Registration Rules, the City Clerk shall give written notice to the registrant specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new registration form and supporting documentation.
(G) Renewal and termination. An interested party’s registration shall remain effective for a period of three years. At any time after the three-year period, the City Clerk may provide written notice by regular mail to the interested party stating that the registration shall terminate unless the interested party renews the registration within 30 days of the City Clerk’s mailing of written notice. To renew the registration, the interested party shall, within the 30-day period, complete and submit the same registration form and supporting documentation then required of initial registrants in order to permit the City Clerk to confirm the person’s residency or the organization’s operations in the city. The registration of all individuals and organizations whose registration form and supporting documentation is submitted in a timely manner and complies with these Registration Rules shall be renewed for an additional consecutive three-year period. If the City Clerk determines that a registrant’s renewal registration form and/or supporting documentation is incomplete or does not comply with these Registration Rules, the City Clerk shall give written notice to the registrant at the address specified in the renewal registration form submitted by the registrant, specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new registration form and supporting documentation within 30 days of receipt of the City Clerk’s notice. If all defects are not corrected within 30 days of the interested party’s receipt of the City Clerk’s notice, the interested party’s registration shall be terminated. Any interested party whose registration is terminated shall be entitled to register again as a first-time registrant.
(H) Amendment to registration.
(1) An interested party may amend its registration by giving notice to the City Clerk by certified mail of any of the following:
(a) A change in address for notice purposes;
(b) In the case of organizations, a change in the name of the contact person; and
(c) A termination of registration.
(2) Upon receipt of the notice, the City Clerk shall revise the applicable Registry accordingly.
(I) Registries available for public inspection. Each Registry shall be available for public inspection during normal city business hours. The Registry shall include the name, address and telephone number of each interested party and, for organizations, the name and telephone number of a designated contact person.
(J) Notices to be sent to interested parties. Interested parties shall be sent the following notices and any other notices required under the Act with respect to the applicable redevelopment project area:
(1) Pursuant to § 74.4-5(a) of the Act, notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information. The notice shall be sent by mail within a reasonable period of time after the adoption of the ordinance fixing the public hearing for the proposed redevelopment plan.
(2) (a) Pursuant to § 74.4-5(a) of the Act, notice of changes to proposed redevelopment plans that do not:
1. Add additional parcels of property to the proposed redevelopment project area;
2. Substantially affect the general land uses proposed in the redevelopment plan;
3. Substantially change the nature or extend the life of the redevelopment plan; or
4. Increase the number of low or very low income households to be displaced from the redevelopment project area, provided that, measured from the time of creation of the redevelopment project area, the total displacement of the households will exceed ten.
(b) The notice shall be sent by mail not later than ten days following the city’s adoption by ordinance of the changes.
(3) (a) Pursuant to § 74.4-5(c) of the Act, notice of amendments to previously approved redevelopment plans that do not:
1. Add additional parcels of property to the redevelopment project area;
2. Substantially affect the general land uses in the redevelopment plan;
3. Substantially change the nature of the redevelopment project;
4. Increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted;
5. Add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan; or
6. Increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area, the total displacement of households will exceed ten.
(b) The notice shall be sent by mail not later than ten days following the city’s adoption by ordinance of any amendment.
(4) Pursuant to § 74.4-5(d)(9) of the Act, for redevelopment plans or projects that would result in the displacement of residents from ten or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the certified audit report described in § 74.4-5(d)(9), including how to obtain the certified audit report. The notice shall be sent by mail within a reasonable period of time after completion of the certified audit report.
(5) Pursuant to § 74.4-6(e) of the Act, notice of the preliminary public meeting required under the Act for a proposed Redevelopment Project Area that will result in the displacement of ten or more inhabited residential units or which will contain 75 or more inhabited residential units. The notice shall be sent by certified mail not less than 15 days before the date of the preliminary public meeting.
(K) Non-interference. These Registration Rules shall not be used to prohibit or otherwise interfere with the eligible organizations and individuals to register for receipt of information to which they are entitled under the Act.
(L) Amendment of Registration Rules. These Registration Rules may be amended by the City Clerk, subject to and consistent with the requirements of the Act.
(Ord. 99-55, passed 12-14-1999)