Bill Amendment: IL SB0277 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MUNI CD-TIF-TRANSIT FACILITY
Status: 2015-05-12 - Referred to Rules Committee [SB0277 Detail]
Download: Illinois-2015-SB0277-Senate_Amendment_002.html
Bill Title: MUNI CD-TIF-TRANSIT FACILITY
Status: 2015-05-12 - Referred to Rules Committee [SB0277 Detail]
Download: Illinois-2015-SB0277-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 277
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2 | AMENDMENT NO. ______. Amend Senate Bill 277 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4, and | ||||||
6 | 11-74.4-8 and by adding Section 11-74.4-3.3 as follows:
| ||||||
7 | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
| ||||||
8 | Sec. 11-74.4-3. Definitions. The following terms, wherever | ||||||
9 | used or
referred to in this Division 74.4 shall have the | ||||||
10 | following respective meanings,
unless in any case a different | ||||||
11 | meaning clearly appears from the context.
| ||||||
12 | (a) For any redevelopment project area that has been | ||||||
13 | designated pursuant
to this
Section by an ordinance adopted | ||||||
14 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
15 | 91-478), "blighted area" shall have the meaning set
forth in | ||||||
16 | this Section
prior to that date.
|
| |||||||
| |||||||
1 | On and after November 1, 1999,
"blighted area" means any | ||||||
2 | improved or vacant area within the boundaries
of a | ||||||
3 | redevelopment project area located within the territorial | ||||||
4 | limits of
the municipality where:
| ||||||
5 | (1) If improved, industrial, commercial, and | ||||||
6 | residential buildings or
improvements are detrimental to | ||||||
7 | the public safety, health, or welfare
because of a | ||||||
8 | combination of 5 or more of the following factors, each of | ||||||
9 | which
is (i) present, with that presence documented, to a | ||||||
10 | meaningful extent so
that a municipality may reasonably | ||||||
11 | find that the factor is clearly
present within the intent | ||||||
12 | of the Act and (ii) reasonably distributed throughout
the | ||||||
13 | improved part of the redevelopment project area:
| ||||||
14 | (A) Dilapidation. An advanced state of disrepair | ||||||
15 | or neglect of
necessary
repairs to the primary | ||||||
16 | structural components of buildings or improvements in
| ||||||
17 | such a combination that a documented building | ||||||
18 | condition analysis determines
that major repair is | ||||||
19 | required or the defects are so serious and so extensive
| ||||||
20 | that the buildings must be removed.
| ||||||
21 | (B) Obsolescence. The condition or process of | ||||||
22 | falling into disuse.
Structures have become ill-suited | ||||||
23 | for the original use.
| ||||||
24 | (C) Deterioration. With respect to buildings, | ||||||
25 | defects
including, but not limited to, major defects in
| ||||||
26 | the secondary building components such as doors, |
| |||||||
| |||||||
1 | windows, porches, gutters and
downspouts, and fascia. | ||||||
2 | With respect to surface improvements, that the
| ||||||
3 | condition of roadways, alleys, curbs, gutters, | ||||||
4 | sidewalks, off-street parking,
and surface storage | ||||||
5 | areas evidence deterioration, including, but not | ||||||
6 | limited
to, surface cracking, crumbling, potholes, | ||||||
7 | depressions, loose paving material,
and weeds | ||||||
8 | protruding through paved surfaces.
| ||||||
9 | (D) Presence of structures below minimum code | ||||||
10 | standards. All structures
that do not meet the | ||||||
11 | standards of zoning, subdivision, building, fire, and
| ||||||
12 | other governmental codes applicable to property, but | ||||||
13 | not including housing and
property maintenance codes.
| ||||||
14 | (E) Illegal use of individual structures. The use | ||||||
15 | of structures in
violation of applicable federal, | ||||||
16 | State, or local laws, exclusive of those
applicable to | ||||||
17 | the presence of structures below minimum code | ||||||
18 | standards.
| ||||||
19 | (F) Excessive vacancies. The presence of
buildings | ||||||
20 | that are unoccupied or under-utilized and that | ||||||
21 | represent an adverse
influence on the area because of | ||||||
22 | the frequency, extent, or duration of the
vacancies.
| ||||||
23 | (G) Lack of ventilation, light, or sanitary | ||||||
24 | facilities. The absence of
adequate ventilation for | ||||||
25 | light or air circulation in spaces or rooms without
| ||||||
26 | windows, or that require the removal of dust, odor, |
| |||||||
| |||||||
1 | gas, smoke, or other
noxious airborne materials. | ||||||
2 | Inadequate natural light and ventilation means
the | ||||||
3 | absence of skylights or windows for interior spaces or | ||||||
4 | rooms and improper
window sizes and amounts by room | ||||||
5 | area to window area ratios. Inadequate
sanitary | ||||||
6 | facilities refers to the absence or inadequacy of | ||||||
7 | garbage storage and
enclosure,
bathroom facilities, | ||||||
8 | hot water and kitchens, and structural inadequacies
| ||||||
9 | preventing ingress and egress to and from all rooms and | ||||||
10 | units within a
building.
| ||||||
11 | (H) Inadequate utilities. Underground and overhead | ||||||
12 | utilities
such as storm sewers and storm drainage, | ||||||
13 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
14 | electrical services that are shown to be inadequate. | ||||||
15 | Inadequate utilities are
those that are: (i) of | ||||||
16 | insufficient capacity to serve the uses in the
| ||||||
17 | redevelopment project area, (ii) deteriorated,
| ||||||
18 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
19 | lacking within the
redevelopment project area.
| ||||||
20 | (I) Excessive land coverage and overcrowding of | ||||||
21 | structures and community
facilities. The | ||||||
22 | over-intensive use of property and the crowding of | ||||||
23 | buildings
and accessory facilities onto a site. | ||||||
24 | Examples of problem conditions
warranting the | ||||||
25 | designation of an area as one exhibiting excessive land | ||||||
26 | coverage
are: (i) the presence of buildings either |
| |||||||
| |||||||
1 | improperly situated on parcels or
located
on parcels of | ||||||
2 | inadequate size and shape in relation to present-day | ||||||
3 | standards of
development for health and safety and (ii) | ||||||
4 | the presence of multiple buildings
on a
single parcel. | ||||||
5 | For there to be a finding of excessive land coverage,
| ||||||
6 | these parcels must exhibit one or more of the following | ||||||
7 | conditions:
insufficient provision for
light and air | ||||||
8 | within or around buildings, increased threat of spread | ||||||
9 | of fire
due to the close proximity of buildings, lack | ||||||
10 | of adequate or proper access to a
public right-of-way, | ||||||
11 | lack of reasonably required off-street parking, or
| ||||||
12 | inadequate provision for loading and service.
| ||||||
13 | (J) Deleterious land use or layout. The existence | ||||||
14 | of incompatible
land-use
relationships, buildings | ||||||
15 | occupied by inappropriate mixed-uses, or uses
| ||||||
16 | considered to be noxious, offensive, or unsuitable for | ||||||
17 | the
surrounding area.
| ||||||
18 | (K) Environmental clean-up. The proposed | ||||||
19 | redevelopment project area
has incurred Illinois | ||||||
20 | Environmental Protection Agency or United States
| ||||||
21 | Environmental Protection Agency remediation costs for, | ||||||
22 | or a study conducted by
an independent consultant | ||||||
23 | recognized as having expertise in environmental
| ||||||
24 | remediation has determined a need for, the
clean-up of | ||||||
25 | hazardous
waste, hazardous substances, or underground | ||||||
26 | storage tanks required by State or
federal law, |
| |||||||
| |||||||
1 | provided that the remediation costs constitute a | ||||||
2 | material
impediment to the development or | ||||||
3 | redevelopment of the redevelopment project
area.
| ||||||
4 | (L) Lack of community planning. The proposed | ||||||
5 | redevelopment project area
was
developed prior to or | ||||||
6 | without the benefit or guidance of a community plan.
| ||||||
7 | This means that the development occurred prior to the | ||||||
8 | adoption by the
municipality of a comprehensive or | ||||||
9 | other community plan or that the plan was
not followed | ||||||
10 | at the time of the area's development. This factor must | ||||||
11 | be
documented by evidence of adverse or incompatible | ||||||
12 | land-use relationships,
inadequate street layout, | ||||||
13 | improper subdivision, parcels of inadequate shape and
| ||||||
14 | size to meet contemporary development standards, or | ||||||
15 | other evidence
demonstrating
an absence of effective | ||||||
16 | community planning.
| ||||||
17 | (M) The total equalized assessed value of the | ||||||
18 | proposed redevelopment
project area has declined for 3 | ||||||
19 | of the last 5 calendar years
prior to the year in which | ||||||
20 | the redevelopment project area is designated
or is | ||||||
21 | increasing at an
annual rate that is less
than the | ||||||
22 | balance of the municipality for 3 of the last 5 | ||||||
23 | calendar years
for which
information is available or is | ||||||
24 | increasing at an annual rate that is less than
the | ||||||
25 | Consumer Price Index
for All Urban Consumers published | ||||||
26 | by the United States Department of Labor or
successor |
| |||||||
| |||||||
1 | agency for 3 of the last 5 calendar years
prior to the | ||||||
2 | year in which the redevelopment project area is | ||||||
3 | designated.
| ||||||
4 | (2) If vacant, the sound growth of the redevelopment | ||||||
5 | project area
is impaired by a
combination of 2 or more of | ||||||
6 | the following factors, each of which
is (i) present, with | ||||||
7 | that presence documented, to a meaningful extent so
that
a | ||||||
8 | municipality may reasonably find that the factor is clearly | ||||||
9 | present
within the intent of the Act and (ii) reasonably | ||||||
10 | distributed throughout the
vacant part of the
| ||||||
11 | redevelopment project area to which it pertains:
| ||||||
12 | (A) Obsolete platting of vacant land that results | ||||||
13 | in parcels of
limited or
narrow size or configurations | ||||||
14 | of parcels of irregular size or shape that would
be | ||||||
15 | difficult to develop on
a planned basis and in a manner | ||||||
16 | compatible with contemporary standards and
| ||||||
17 | requirements, or platting that failed to create | ||||||
18 | rights-of-ways for streets or
alleys or that created | ||||||
19 | inadequate right-of-way widths for streets, alleys, or
| ||||||
20 | other public rights-of-way or that omitted easements | ||||||
21 | for public utilities.
| ||||||
22 | (B) Diversity of ownership of parcels of vacant | ||||||
23 | land sufficient in
number to
retard or impede the | ||||||
24 | ability to assemble the land for development.
| ||||||
25 | (C) Tax and special assessment delinquencies exist | ||||||
26 | or the property has
been the subject of tax sales under |
| |||||||
| |||||||
1 | the Property Tax Code within the last 5
years.
| ||||||
2 | (D) Deterioration of structures or site | ||||||
3 | improvements in neighboring
areas adjacent to the | ||||||
4 | vacant land.
| ||||||
5 | (E) The area has incurred Illinois Environmental | ||||||
6 | Protection Agency or
United States Environmental | ||||||
7 | Protection Agency remediation costs for, or a study
| ||||||
8 | conducted by an independent consultant recognized as | ||||||
9 | having expertise in
environmental remediation has | ||||||
10 | determined a need for, the
clean-up of hazardous
waste, | ||||||
11 | hazardous substances, or underground storage tanks | ||||||
12 | required by State or
federal law, provided that the | ||||||
13 | remediation costs
constitute a material impediment to | ||||||
14 | the development or redevelopment of
the
redevelopment | ||||||
15 | project area.
| ||||||
16 | (F) The total equalized assessed value of the | ||||||
17 | proposed redevelopment
project area has declined for 3 | ||||||
18 | of the last 5 calendar years
prior to the year in which | ||||||
19 | the redevelopment project area is designated
or is | ||||||
20 | increasing at an
annual rate that is less
than the | ||||||
21 | balance of the municipality for 3 of the last 5 | ||||||
22 | calendar years for
which information is available or is | ||||||
23 | increasing at an annual rate that is less
than
the | ||||||
24 | Consumer Price Index
for All Urban Consumers published | ||||||
25 | by the United States Department of Labor or
successor | ||||||
26 | agency for 3 of the last 5 calendar years
prior to the |
| |||||||
| |||||||
1 | year in which the redevelopment project area is | ||||||
2 | designated.
| ||||||
3 | (3) If vacant, the sound growth of the redevelopment | ||||||
4 | project area is
impaired by one of the
following factors | ||||||
5 | that (i) is present, with that presence documented, to a
| ||||||
6 | meaningful extent so that a municipality may reasonably | ||||||
7 | find that the factor is
clearly
present within the intent | ||||||
8 | of the Act and (ii) is reasonably distributed
throughout | ||||||
9 | the vacant part of the
redevelopment project area to which | ||||||
10 | it pertains:
| ||||||
11 | (A) The area consists of one or more unused | ||||||
12 | quarries, mines, or strip
mine ponds.
| ||||||
13 | (B) The area consists of unused rail yards, rail | ||||||
14 | tracks, or railroad
rights-of-way.
| ||||||
15 | (C) The area, prior to its designation, is subject | ||||||
16 | to (i) chronic
flooding
that adversely impacts on real | ||||||
17 | property in the area as certified by a
registered
| ||||||
18 | professional engineer or appropriate regulatory agency | ||||||
19 | or (ii) surface water
that
discharges from all or a | ||||||
20 | part of the area and contributes to flooding within
the
| ||||||
21 | same watershed, but only if the redevelopment project | ||||||
22 | provides for facilities
or
improvements to contribute | ||||||
23 | to the alleviation of all or part of the
flooding.
| ||||||
24 | (D) The area consists of an unused or illegal | ||||||
25 | disposal site containing
earth,
stone, building | ||||||
26 | debris, or similar materials that were removed from
|
| |||||||
| |||||||
1 | construction, demolition, excavation, or dredge sites.
| ||||||
2 | (E) Prior to November 1, 1999, the area
is not less | ||||||
3 | than 50 nor more than 100 acres and 75%
of which is | ||||||
4 | vacant (notwithstanding that the area has been used
for | ||||||
5 | commercial agricultural purposes within 5 years prior | ||||||
6 | to the designation
of the redevelopment project area), | ||||||
7 | and the area meets at least one of
the factors itemized | ||||||
8 | in paragraph (1) of this subsection, the area
has been | ||||||
9 | designated as a town or village center by ordinance or | ||||||
10 | comprehensive
plan adopted prior to January 1, 1982, | ||||||
11 | and the area has not been developed
for that designated | ||||||
12 | purpose.
| ||||||
13 | (F) The area qualified as a blighted improved area | ||||||
14 | immediately prior to
becoming vacant, unless there has | ||||||
15 | been substantial private investment in the
immediately | ||||||
16 | surrounding area.
| ||||||
17 | (4) A redevelopment project area within a transit | ||||||
18 | facility improvement area that has been designated under | ||||||
19 | Section 11-74.4-3.3 of this Code. | ||||||
20 | (b) For any redevelopment project area that has been | ||||||
21 | designated pursuant
to this
Section by an ordinance adopted | ||||||
22 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
23 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
24 | in this
Section prior to that date.
| ||||||
25 | On and after November 1, 1999,
"conservation area" means | ||||||
26 | any improved area within the boundaries
of a redevelopment |
| |||||||
| |||||||
1 | project area located within the territorial limits of
the | ||||||
2 | municipality in which 50% or more of the structures in the area | ||||||
3 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
4 | blighted area but
because of a combination of 3 or more of the | ||||||
5 | following factors is detrimental
to the public safety, health, | ||||||
6 | morals
or welfare and such an area may become a blighted area:
| ||||||
7 | (1) Dilapidation. An advanced state of disrepair or | ||||||
8 | neglect of
necessary
repairs to the primary structural | ||||||
9 | components of buildings or improvements in
such a | ||||||
10 | combination that a documented building condition analysis | ||||||
11 | determines
that major repair is required or the defects are | ||||||
12 | so serious and so extensive
that the buildings must be | ||||||
13 | removed.
| ||||||
14 | (2) Obsolescence. The condition or process of falling | ||||||
15 | into disuse.
Structures have become ill-suited for the | ||||||
16 | original use.
| ||||||
17 | (3) Deterioration. With respect to buildings, defects
| ||||||
18 | including, but not limited to, major defects in
the | ||||||
19 | secondary building components such as doors, windows, | ||||||
20 | porches, gutters and
downspouts, and fascia. With respect | ||||||
21 | to surface improvements, that the
condition of roadways, | ||||||
22 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
23 | surface storage areas evidence deterioration, including, | ||||||
24 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
25 | depressions, loose paving material,
and weeds protruding | ||||||
26 | through paved surfaces.
|
| |||||||
| |||||||
1 | (4) Presence of structures below minimum code | ||||||
2 | standards. All structures
that do not meet the standards of | ||||||
3 | zoning, subdivision, building, fire, and
other | ||||||
4 | governmental codes applicable to property, but not | ||||||
5 | including housing and
property maintenance codes.
| ||||||
6 | (5) Illegal use of individual structures. The use of | ||||||
7 | structures in
violation of applicable federal, State, or | ||||||
8 | local laws, exclusive of those
applicable to the presence | ||||||
9 | of structures below minimum code standards.
| ||||||
10 | (6) Excessive vacancies. The presence of
buildings | ||||||
11 | that are unoccupied or under-utilized and that represent an | ||||||
12 | adverse
influence on the area because of the frequency, | ||||||
13 | extent, or duration of the
vacancies.
| ||||||
14 | (7) Lack of ventilation, light, or sanitary | ||||||
15 | facilities. The absence of
adequate ventilation for light | ||||||
16 | or air circulation in spaces or rooms without
windows, or | ||||||
17 | that require the removal of dust, odor, gas, smoke, or | ||||||
18 | other
noxious airborne materials. Inadequate natural light | ||||||
19 | and ventilation means
the absence or inadequacy of | ||||||
20 | skylights or windows for interior spaces or rooms
and | ||||||
21 | improper
window sizes and amounts by room area to window | ||||||
22 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
23 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
24 | bathroom facilities, hot water and kitchens, and | ||||||
25 | structural inadequacies
preventing ingress and egress to | ||||||
26 | and from all rooms and units within a
building.
|
| |||||||
| |||||||
1 | (8) Inadequate utilities. Underground and overhead | ||||||
2 | utilities
such as storm sewers and storm drainage, sanitary | ||||||
3 | sewers, water lines, and gas,
telephone, and
electrical | ||||||
4 | services that are shown to be inadequate. Inadequate | ||||||
5 | utilities are
those that are: (i) of insufficient capacity | ||||||
6 | to serve the uses in the
redevelopment project area, (ii) | ||||||
7 | deteriorated,
antiquated, obsolete, or in disrepair, or | ||||||
8 | (iii) lacking within the
redevelopment project area.
| ||||||
9 | (9) Excessive land coverage and overcrowding of | ||||||
10 | structures and community
facilities. The over-intensive | ||||||
11 | use of property and the crowding of buildings
and accessory | ||||||
12 | facilities onto a site. Examples of problem conditions
| ||||||
13 | warranting the designation of an area as one exhibiting | ||||||
14 | excessive land coverage
are: the presence of buildings | ||||||
15 | either improperly situated on parcels or located
on parcels | ||||||
16 | of inadequate size and shape in relation to present-day | ||||||
17 | standards of
development for health and safety and the | ||||||
18 | presence of multiple buildings on a
single parcel. For | ||||||
19 | there to be a finding of excessive land coverage,
these | ||||||
20 | parcels must exhibit one or more of the following | ||||||
21 | conditions:
insufficient provision for
light and air | ||||||
22 | within or around buildings, increased threat of spread of | ||||||
23 | fire
due to the close proximity of buildings, lack of | ||||||
24 | adequate or proper access to a
public right-of-way, lack of | ||||||
25 | reasonably required off-street parking, or
inadequate | ||||||
26 | provision for loading and service.
|
| |||||||
| |||||||
1 | (10) Deleterious land use or layout. The existence of | ||||||
2 | incompatible
land-use
relationships, buildings occupied by | ||||||
3 | inappropriate mixed-uses, or uses
considered to be | ||||||
4 | noxious, offensive, or unsuitable for the
surrounding | ||||||
5 | area.
| ||||||
6 | (11) Lack of community planning. The proposed | ||||||
7 | redevelopment project area
was
developed prior to or | ||||||
8 | without the benefit or guidance of a community plan.
This | ||||||
9 | means that the development occurred prior to the adoption | ||||||
10 | by the
municipality of a comprehensive or other community | ||||||
11 | plan or that the plan was
not followed at the time of the | ||||||
12 | area's development. This factor must be
documented by | ||||||
13 | evidence of adverse or incompatible land-use | ||||||
14 | relationships,
inadequate street layout, improper | ||||||
15 | subdivision, parcels of inadequate shape and
size to meet | ||||||
16 | contemporary development standards, or other evidence
| ||||||
17 | demonstrating
an absence of effective community planning.
| ||||||
18 | (12) The area has incurred Illinois Environmental | ||||||
19 | Protection Agency or
United
States Environmental | ||||||
20 | Protection Agency remediation costs for, or a study
| ||||||
21 | conducted by an independent consultant recognized as | ||||||
22 | having expertise in
environmental remediation has | ||||||
23 | determined a need for, the clean-up of hazardous
waste, | ||||||
24 | hazardous substances, or underground storage tanks | ||||||
25 | required by State
or federal law, provided that the | ||||||
26 | remediation costs constitute a material
impediment to the |
| |||||||
| |||||||
1 | development or redevelopment of the redevelopment project
| ||||||
2 | area.
| ||||||
3 | (13) The total equalized assessed value of the proposed | ||||||
4 | redevelopment
project area has declined for 3 of the last 5 | ||||||
5 | calendar years
for which information is
available or is | ||||||
6 | increasing at an annual rate that is less than the balance | ||||||
7 | of
the municipality for 3 of the last 5 calendar years for | ||||||
8 | which information is
available or is increasing at an | ||||||
9 | annual rate that is less
than the Consumer Price Index for | ||||||
10 | All Urban Consumers published by the United
States | ||||||
11 | Department of Labor or successor agency for 3 of the last 5 | ||||||
12 | calendar
years for which information is available.
| ||||||
13 | (c) "Industrial park" means an area in a blighted or | ||||||
14 | conservation
area suitable for use by any manufacturing, | ||||||
15 | industrial, research or
transportation enterprise, of | ||||||
16 | facilities to include but not be limited to
factories, mills, | ||||||
17 | processing plants, assembly plants, packing plants,
| ||||||
18 | fabricating plants, industrial distribution centers, | ||||||
19 | warehouses, repair
overhaul or service facilities, freight | ||||||
20 | terminals, research facilities,
test facilities or railroad | ||||||
21 | facilities.
| ||||||
22 | (d) "Industrial park conservation area" means an area | ||||||
23 | within the
boundaries of a redevelopment project area located | ||||||
24 | within the territorial
limits of a municipality that is a labor | ||||||
25 | surplus municipality or within 1
1/2 miles of the territorial | ||||||
26 | limits of a municipality that is a labor
surplus municipality |
| |||||||
| |||||||
1 | if the area is annexed to the municipality; which
area is zoned | ||||||
2 | as industrial no later than at the time the municipality by
| ||||||
3 | ordinance designates the redevelopment project area, and which | ||||||
4 | area
includes both vacant land suitable for use as an | ||||||
5 | industrial park and a
blighted area or conservation area | ||||||
6 | contiguous to such vacant land.
| ||||||
7 | (e) "Labor surplus municipality" means a municipality in | ||||||
8 | which, at any
time during the 6 months before the municipality | ||||||
9 | by ordinance designates
an industrial park conservation area, | ||||||
10 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
11 | the national average unemployment rate for that same
time as | ||||||
12 | published in the United States Department of Labor Bureau of | ||||||
13 | Labor
Statistics publication entitled "The Employment | ||||||
14 | Situation" or its successor
publication. For the purpose of | ||||||
15 | this subsection, if unemployment rate
statistics for the | ||||||
16 | municipality are not available, the unemployment rate in
the | ||||||
17 | municipality shall be deemed to be the same as the unemployment | ||||||
18 | rate in
the principal county in which the municipality is | ||||||
19 | located.
| ||||||
20 | (f) "Municipality" shall mean a city, village, | ||||||
21 | incorporated town, or a township that is located in the | ||||||
22 | unincorporated portion of a county with 3 million or more | ||||||
23 | inhabitants, if the county adopted an ordinance that approved | ||||||
24 | the township's redevelopment plan.
| ||||||
25 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
26 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, |
| |||||||
| |||||||
1 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
2 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
3 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
4 | transactions at places located in a
State Sales Tax Boundary | ||||||
5 | during the calendar year 1985.
| ||||||
6 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
7 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
8 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
9 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
10 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
11 | transactions at places located within the State Sales Tax | ||||||
12 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
| ||||||
13 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
14 | to the
increase in the aggregate amount of taxes paid to a | ||||||
15 | municipality from the
Local Government Tax Fund arising from | ||||||
16 | sales by retailers and servicemen
within the redevelopment | ||||||
17 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
18 | for as long as the redevelopment project area or State
Sales | ||||||
19 | Tax Boundary, as the case may be, exist over and above the | ||||||
20 | aggregate
amount of taxes as certified by the Illinois | ||||||
21 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
22 | Occupation Tax Act and the Municipal Service
Occupation Tax Act | ||||||
23 | by retailers and servicemen, on transactions at places
of | ||||||
24 | business located in the redevelopment project area or State | ||||||
25 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
26 | which shall be the calendar year immediately prior to the year |
| |||||||
| |||||||
1 | in
which the municipality adopted tax increment allocation | ||||||
2 | financing. For
purposes of computing the aggregate amount of | ||||||
3 | such taxes for base years
occurring prior to 1985, the | ||||||
4 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
5 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
6 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
7 | base year is prior to 1985, but not to exceed a total deduction | ||||||
8 | of 12%.
The amount so determined shall be known as the | ||||||
9 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
10 | determining the Municipal Sales Tax Increment,
the Department | ||||||
11 | of Revenue shall for each period subtract from the amount
paid | ||||||
12 | to the municipality from the Local Government Tax Fund arising | ||||||
13 | from
sales by retailers and servicemen on transactions
located | ||||||
14 | in the redevelopment project area or the State Sales Tax | ||||||
15 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
16 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
17 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
18 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
19 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
20 | made by utilizing the calendar year 1987 to determine the tax | ||||||
21 | amounts
received. For the State Fiscal Year 1990, this | ||||||
22 | calculation shall be made
by utilizing the period from January | ||||||
23 | 1, 1988, until September 30, 1988, to
determine the tax amounts | ||||||
24 | received from retailers and servicemen pursuant
to the | ||||||
25 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
26 | Occupation Tax Act, which shall have deducted therefrom
|
| |||||||
| |||||||
1 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
2 | Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales | ||||||
3 | Tax Amounts as appropriate.
For the State Fiscal Year 1991, | ||||||
4 | this calculation shall be made by utilizing
the period from | ||||||
5 | October 1, 1988, to June 30, 1989, to determine the tax
amounts | ||||||
6 | received from retailers and servicemen pursuant to the | ||||||
7 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
8 | Occupation Tax Act
which shall have deducted therefrom | ||||||
9 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
10 | Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales | ||||||
11 | Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
12 | thereafter, the applicable period shall be the 12 months
| ||||||
13 | beginning July 1 and ending June 30 to determine the tax | ||||||
14 | amounts received
which shall have deducted therefrom the | ||||||
15 | certified Initial Sales Tax
Amounts, the Adjusted Initial Sales | ||||||
16 | Tax Amounts or the Revised Initial
Sales Tax Amounts, as the | ||||||
17 | case may be.
| ||||||
18 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
19 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
20 | Increment annually generated
within a State Sales Tax Boundary; | ||||||
21 | (b) 60% of the amount in excess of
$100,000 but not exceeding | ||||||
22 | $500,000 of State Sales Tax Increment annually
generated within | ||||||
23 | a State Sales Tax Boundary; and (c) 40% of all amounts in
| ||||||
24 | excess of $500,000 of State Sales Tax Increment annually | ||||||
25 | generated within a
State Sales Tax Boundary. If, however, a | ||||||
26 | municipality established a tax
increment financing district in |
| |||||||
| |||||||
1 | a county with a population in excess of
3,000,000 before | ||||||
2 | January 1, 1986, and the municipality entered into a
contract | ||||||
3 | or issued bonds after January 1, 1986, but before December 31, | ||||||
4 | 1986,
to finance redevelopment project costs within a State | ||||||
5 | Sales Tax
Boundary, then the Net State Sales Tax Increment | ||||||
6 | means, for the fiscal years
beginning July 1, 1990, and July 1, | ||||||
7 | 1991, 100% of the State Sales Tax
Increment annually generated | ||||||
8 | within a State Sales Tax Boundary; and
notwithstanding any | ||||||
9 | other provision of this Act, for those fiscal years the
| ||||||
10 | Department of Revenue shall distribute to those municipalities | ||||||
11 | 100% of
their Net State Sales Tax Increment before any | ||||||
12 | distribution to any other
municipality and regardless of | ||||||
13 | whether or not those other municipalities
will receive 100% of | ||||||
14 | their Net State Sales Tax Increment. For Fiscal Year
1999, and | ||||||
15 | every year thereafter until the year 2007, for any municipality
| ||||||
16 | that has not entered into a contract or has not issued bonds | ||||||
17 | prior to June
1, 1988 to finance redevelopment project costs | ||||||
18 | within a State Sales Tax
Boundary, the Net State Sales Tax | ||||||
19 | Increment shall be calculated as follows:
By multiplying the | ||||||
20 | Net State Sales Tax Increment by 90% in the State Fiscal
Year | ||||||
21 | 1999; 80% in the State Fiscal Year 2000; 70% in the State | ||||||
22 | Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the | ||||||
23 | State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% | ||||||
24 | in the State Fiscal Year 2005; 20% in
the State Fiscal Year | ||||||
25 | 2006; and 10% in the State Fiscal Year 2007. No
payment shall | ||||||
26 | be made for State Fiscal Year 2008 and thereafter.
|
| |||||||
| |||||||
1 | Municipalities that issued bonds in connection with a | ||||||
2 | redevelopment project
in a redevelopment project area within | ||||||
3 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
4 | entered into contracts in connection with a redevelopment | ||||||
5 | project in
a redevelopment project area before June 1, 1988,
| ||||||
6 | shall continue to receive their proportional share of the
| ||||||
7 | Illinois Tax Increment Fund distribution until the date on | ||||||
8 | which the
redevelopment project is completed or terminated.
If, | ||||||
9 | however, a municipality that issued bonds in connection with a
| ||||||
10 | redevelopment project in a redevelopment project area within | ||||||
11 | the State Sales
Tax Boundary prior to July 29, 1991 retires the | ||||||
12 | bonds prior to June 30, 2007 or
a municipality that entered | ||||||
13 | into contracts in connection with a redevelopment
project in a | ||||||
14 | redevelopment project area before June 1, 1988 completes the
| ||||||
15 | contracts prior to June 30, 2007, then so long as the | ||||||
16 | redevelopment project is
not
completed or is not terminated, | ||||||
17 | the Net State Sales Tax Increment shall be
calculated, | ||||||
18 | beginning on the date on which the bonds are retired or the
| ||||||
19 | contracts are completed, as follows: By multiplying the Net | ||||||
20 | State Sales Tax
Increment by 60% in the State Fiscal Year
2002; | ||||||
21 | 50% in the State Fiscal Year 2003; 40% in the State Fiscal Year | ||||||
22 | 2004; 30%
in the State Fiscal Year 2005; 20% in the State | ||||||
23 | Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No | ||||||
24 | payment shall be made for State Fiscal Year
2008 and | ||||||
25 | thereafter.
Refunding of any bonds issued
prior to July 29, | ||||||
26 | 1991, shall not alter the Net State Sales Tax Increment.
|
| |||||||
| |||||||
1 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
2 | equal to the
aggregate increase in State electric and gas tax | ||||||
3 | charges imposed on owners
and tenants, other than residential | ||||||
4 | customers, of properties located within
the redevelopment | ||||||
5 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
6 | over and above the aggregate of such charges as certified by | ||||||
7 | the
Department of Revenue and paid by owners and tenants, other | ||||||
8 | than
residential customers, of properties within the | ||||||
9 | redevelopment project area
during the base year, which shall be | ||||||
10 | the calendar year immediately prior to
the year of the adoption | ||||||
11 | of the ordinance authorizing tax increment allocation
| ||||||
12 | financing.
| ||||||
13 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
14 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
15 | Increment annually
generated by a redevelopment project area; | ||||||
16 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
17 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
18 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
19 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
20 | generated by a redevelopment project area. For the State Fiscal | ||||||
21 | Year 1999,
and every year thereafter until the year 2007, for | ||||||
22 | any municipality that
has not entered into a contract or has | ||||||
23 | not issued bonds prior to June 1,
1988 to finance redevelopment | ||||||
24 | project costs within a redevelopment project
area, the Net | ||||||
25 | State Utility Tax Increment shall be calculated as follows:
By | ||||||
26 | multiplying the Net State Utility Tax Increment by 90% in the |
| |||||||
| |||||||
1 | State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% | ||||||
2 | in the State
Fiscal Year 2001; 60% in the State Fiscal Year | ||||||
3 | 2002; 50% in the State
Fiscal Year 2003; 40% in the State | ||||||
4 | Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the | ||||||
5 | State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. | ||||||
6 | No payment shall be made for the State Fiscal Year 2008
and | ||||||
7 | thereafter.
| ||||||
8 | Municipalities that issue bonds in connection with the | ||||||
9 | redevelopment project
during the period from June 1, 1988 until | ||||||
10 | 3 years after the effective date
of this Amendatory Act of 1988 | ||||||
11 | shall receive the Net State Utility Tax
Increment, subject to | ||||||
12 | appropriation, for 15 State Fiscal Years after the
issuance of | ||||||
13 | such bonds. For the 16th through the 20th State Fiscal Years
| ||||||
14 | after issuance of the bonds, the Net State Utility Tax | ||||||
15 | Increment shall be
calculated as follows: By multiplying the | ||||||
16 | Net State Utility Tax Increment
by 90% in year 16; 80% in year | ||||||
17 | 17; 70% in year 18; 60% in year 19; and 50%
in year 20. | ||||||
18 | Refunding of any bonds issued prior to June 1, 1988, shall not
| ||||||
19 | alter the revised Net State Utility Tax Increment payments set | ||||||
20 | forth above.
| ||||||
21 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
22 | special certificates
or other evidence of indebtedness issued | ||||||
23 | by the municipality to carry out
a redevelopment project or to | ||||||
24 | refund outstanding obligations.
| ||||||
25 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
26 | revenues from
real property in a redevelopment project area |
| |||||||
| |||||||
1 | derived from real property that
has been acquired by a | ||||||
2 | municipality
which according to the redevelopment project or | ||||||
3 | plan is to be used for a
private use which taxing districts | ||||||
4 | would have received had a municipality
not acquired the real | ||||||
5 | property and adopted tax increment allocation
financing and | ||||||
6 | which would result from
levies made after the time of the | ||||||
7 | adoption of tax increment allocation
financing to the time the | ||||||
8 | current equalized value of real property in the
redevelopment | ||||||
9 | project area exceeds the total initial equalized value of
real | ||||||
10 | property in said area.
| ||||||
11 | (n) "Redevelopment plan" means the comprehensive program | ||||||
12 | of
the municipality for development or redevelopment intended | ||||||
13 | by the payment of
redevelopment project costs to reduce or | ||||||
14 | eliminate those conditions the
existence of which qualified the | ||||||
15 | redevelopment project area as
a "blighted
area" or | ||||||
16 | "conservation area" or combination thereof or "industrial park
| ||||||
17 | conservation area," and thereby to enhance the tax bases of the | ||||||
18 | taxing
districts which extend into the redevelopment project | ||||||
19 | area.
On and after November 1, 1999 (the effective date of
| ||||||
20 | Public Act 91-478), no
redevelopment plan may be approved or | ||||||
21 | amended that includes the development of
vacant land (i) with a | ||||||
22 | golf course and related clubhouse and other facilities
or (ii) | ||||||
23 | designated by federal, State, county, or municipal government | ||||||
24 | as public
land for outdoor recreational activities or for | ||||||
25 | nature preserves and used for
that purpose within 5
years prior | ||||||
26 | to the adoption of the redevelopment plan. For the purpose of
|
| |||||||
| |||||||
1 | this subsection, "recreational activities" is limited to mean | ||||||
2 | camping and
hunting.
Each
redevelopment plan shall set forth in | ||||||
3 | writing the program to be undertaken
to accomplish the | ||||||
4 | objectives and shall include but not be limited to:
| ||||||
5 | (A) an itemized list of estimated redevelopment | ||||||
6 | project costs;
| ||||||
7 | (B) evidence indicating that the redevelopment project | ||||||
8 | area on the whole
has not been subject to growth and | ||||||
9 | development through investment by private
enterprise;
| ||||||
10 | (C) an assessment of any financial impact of the | ||||||
11 | redevelopment project
area on or any increased demand for | ||||||
12 | services from any taxing district affected
by the plan and | ||||||
13 | any program to address such financial impact or increased
| ||||||
14 | demand;
| ||||||
15 | (D) the sources of funds to pay costs;
| ||||||
16 | (E) the nature and term of the obligations to be | ||||||
17 | issued;
| ||||||
18 | (F) the most recent equalized assessed valuation of the | ||||||
19 | redevelopment
project area;
| ||||||
20 | (G) an estimate as to the equalized assessed valuation | ||||||
21 | after redevelopment
and the general land uses to apply in | ||||||
22 | the redevelopment project area;
| ||||||
23 | (H) a commitment to fair employment practices and an | ||||||
24 | affirmative action
plan;
| ||||||
25 | (I) if it concerns an industrial park
conservation | ||||||
26 | area, the plan shall
also include a general description
of |
| |||||||
| |||||||
1 | any proposed developer, user and tenant of any property, a | ||||||
2 | description
of the type, structure and general character of | ||||||
3 | the facilities to be
developed, a description of the type, | ||||||
4 | class and number of new employees to
be employed in the | ||||||
5 | operation of the facilities to be developed; and
| ||||||
6 | (J) if property is to be annexed to the municipality, | ||||||
7 | the plan shall
include the terms of the annexation | ||||||
8 | agreement.
| ||||||
9 | The provisions of items (B) and (C) of this subsection (n) | ||||||
10 | shall not apply to
a municipality that before March 14, 1994 | ||||||
11 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
12 | its
corporate authorities or by a commission designated under | ||||||
13 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
14 | public hearing as required by
subsection (a) of Section | ||||||
15 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
16 | municipality complies with all of the following requirements:
| ||||||
17 | (1) The municipality finds that the redevelopment | ||||||
18 | project area on
the whole has not been subject to growth | ||||||
19 | and development through investment
by private enterprise | ||||||
20 | and would not reasonably be anticipated to be
developed | ||||||
21 | without the adoption of the redevelopment plan.
| ||||||
22 | (2) The municipality finds that the redevelopment plan | ||||||
23 | and project conform
to the comprehensive plan for the | ||||||
24 | development of the municipality as a whole,
or, for | ||||||
25 | municipalities with a population of 100,000 or more, | ||||||
26 | regardless of when
the redevelopment plan and project was |
| |||||||
| |||||||
1 | adopted, the redevelopment plan and
project either: (i) | ||||||
2 | conforms to the strategic economic development or
| ||||||
3 | redevelopment plan issued by the designated planning | ||||||
4 | authority of the
municipality, or (ii) includes land uses | ||||||
5 | that have been approved by the
planning commission of the | ||||||
6 | municipality.
| ||||||
7 | (3) The redevelopment plan establishes the estimated | ||||||
8 | dates of completion
of the redevelopment project and | ||||||
9 | retirement of obligations issued to finance
redevelopment | ||||||
10 | project costs. Those dates may not be later than the dates | ||||||
11 | set forth under Section 11-74.4-3.5.
| ||||||
12 | A municipality may by municipal ordinance amend an | ||||||
13 | existing redevelopment
plan to conform to this paragraph | ||||||
14 | (3) as amended by Public Act 91-478, which
municipal | ||||||
15 | ordinance may be adopted without
further hearing or
notice | ||||||
16 | and without complying with the procedures provided in this | ||||||
17 | Act
pertaining to an amendment to or the initial approval | ||||||
18 | of a redevelopment plan
and project and
designation of a | ||||||
19 | redevelopment project area.
| ||||||
20 | (3.5) The municipality finds, in the case of an | ||||||
21 | industrial
park
conservation area, also that the | ||||||
22 | municipality is a labor surplus municipality
and that the | ||||||
23 | implementation of the redevelopment plan will reduce | ||||||
24 | unemployment,
create new jobs and by the provision of new | ||||||
25 | facilities enhance the tax base of
the taxing districts | ||||||
26 | that extend into the redevelopment project area.
|
| |||||||
| |||||||
1 | (4) If any incremental revenues are being utilized | ||||||
2 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
3 | redevelopment project areas approved by ordinance
after | ||||||
4 | January 1, 1986, the municipality finds: (a) that the | ||||||
5 | redevelopment
project area would not reasonably be | ||||||
6 | developed without the use of such
incremental revenues, and | ||||||
7 | (b) that such incremental revenues will be
exclusively | ||||||
8 | utilized for the development of the redevelopment project | ||||||
9 | area.
| ||||||
10 | (5) If
the redevelopment plan will not result in
| ||||||
11 | displacement of
residents from 10 or more inhabited | ||||||
12 | residential units, and the
municipality certifies in the | ||||||
13 | plan that
such displacement will not result from the plan, | ||||||
14 | a housing impact study
need not be performed.
If, however, | ||||||
15 | the redevelopment plan would result in the displacement
of
| ||||||
16 | residents from 10 or more inhabited
residential units,
or | ||||||
17 | if the redevelopment project area contains 75 or more | ||||||
18 | inhabited residential
units and no
certification is made,
| ||||||
19 | then the municipality shall prepare, as part of the | ||||||
20 | separate
feasibility report required by subsection (a) of | ||||||
21 | Section 11-74.4-5, a housing
impact study.
| ||||||
22 | Part I of the housing impact study shall include (i) | ||||||
23 | data as to whether
the residential units are single family | ||||||
24 | or multi-family units,
(ii) the number and type of rooms | ||||||
25 | within the units, if that information is
available, (iii) | ||||||
26 | whether
the
units are inhabited or uninhabited, as |
| |||||||
| |||||||
1 | determined not less than 45
days before the date that the | ||||||
2 | ordinance or resolution required
by subsection (a) of | ||||||
3 | Section 11-74.4-5 is passed, and (iv) data as to the
racial | ||||||
4 | and ethnic composition of the residents in the inhabited | ||||||
5 | residential
units. The data requirement as to the racial | ||||||
6 | and ethnic composition of the
residents in the inhabited | ||||||
7 | residential units shall be deemed to be fully
satisfied by | ||||||
8 | data from the most recent federal census.
| ||||||
9 | Part II of the housing impact study shall identify the | ||||||
10 | inhabited
residential units in the proposed redevelopment | ||||||
11 | project area that are to be or
may be removed. If inhabited | ||||||
12 | residential units are to be removed, then the
housing | ||||||
13 | impact study shall identify (i) the number and location of | ||||||
14 | those units
that will or may be removed, (ii) the | ||||||
15 | municipality's plans for relocation
assistance for those | ||||||
16 | residents in the proposed redevelopment project area
whose | ||||||
17 | residences are to be removed, (iii) the availability of | ||||||
18 | replacement
housing for those residents whose residences | ||||||
19 | are to be removed, and shall
identify the type, location, | ||||||
20 | and cost of the housing, and (iv) the type and
extent
of | ||||||
21 | relocation assistance to be provided.
| ||||||
22 | (6) On and after November 1, 1999, the
housing impact | ||||||
23 | study required by paragraph (5) shall be
incorporated in | ||||||
24 | the redevelopment plan for the
redevelopment project area.
| ||||||
25 | (7) On and after November 1, 1999, no
redevelopment | ||||||
26 | plan shall be adopted, nor an
existing plan amended, nor |
| |||||||
| |||||||
1 | shall residential housing that is
occupied by households of | ||||||
2 | low-income and very low-income
persons in currently | ||||||
3 | existing redevelopment project
areas be removed after | ||||||
4 | November 1, 1999 unless the redevelopment plan provides, | ||||||
5 | with
respect to inhabited housing units that are to be | ||||||
6 | removed for
households of low-income and very low-income | ||||||
7 | persons, affordable
housing and relocation assistance not | ||||||
8 | less than that which would
be provided under the federal | ||||||
9 | Uniform Relocation Assistance and
Real Property | ||||||
10 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
11 | that Act, including the eligibility criteria.
Affordable | ||||||
12 | housing may be either existing or newly constructed
| ||||||
13 | housing. For purposes of this paragraph (7), "low-income
| ||||||
14 | households", "very low-income households", and "affordable
| ||||||
15 | housing" have the meanings set forth in the Illinois | ||||||
16 | Affordable
Housing Act.
The municipality shall make a good | ||||||
17 | faith effort to ensure that this affordable
housing is | ||||||
18 | located in or near the redevelopment project area within | ||||||
19 | the
municipality.
| ||||||
20 | (8) On and after November 1, 1999, if,
after the | ||||||
21 | adoption of the redevelopment plan for the
redevelopment | ||||||
22 | project area, any municipality desires to amend its
| ||||||
23 | redevelopment plan
to remove more inhabited residential | ||||||
24 | units than
specified in its original redevelopment plan, | ||||||
25 | that change shall be made in
accordance with the procedures | ||||||
26 | in subsection (c) of Section 11-74.4-5.
|
| |||||||
| |||||||
1 | (9) For redevelopment project areas designated prior | ||||||
2 | to November 1,
1999, the redevelopment plan may be amended | ||||||
3 | without further joint review board
meeting or hearing, | ||||||
4 | provided that the municipality shall give notice of any
| ||||||
5 | such changes by mail to each affected taxing district and | ||||||
6 | registrant on the
interested party registry, to authorize | ||||||
7 | the municipality to expend tax
increment revenues for | ||||||
8 | redevelopment project costs defined by paragraphs (5)
and | ||||||
9 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
10 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so | ||||||
11 | long as the changes do not increase the
total estimated | ||||||
12 | redevelopment project costs set out in the redevelopment | ||||||
13 | plan
by more than 5% after adjustment for inflation from | ||||||
14 | the date the plan was
adopted.
| ||||||
15 | (o) "Redevelopment project" means any public and private | ||||||
16 | development project
in furtherance of the objectives of a | ||||||
17 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
18 | effective date of Public Act 91-478), no
redevelopment plan may | ||||||
19 | be approved or amended that includes the development
of vacant | ||||||
20 | land (i) with a golf course and related clubhouse and other
| ||||||
21 | facilities
or (ii) designated by federal, State, county, or | ||||||
22 | municipal government as public
land for outdoor recreational | ||||||
23 | activities or for nature preserves and used for
that purpose | ||||||
24 | within 5
years prior to the adoption of the redevelopment plan. | ||||||
25 | For the purpose of
this subsection, "recreational activities" | ||||||
26 | is limited to mean camping and
hunting.
|
| |||||||
| |||||||
1 | (p) "Redevelopment project area" means an area designated | ||||||
2 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
3 | 1/2 acres and in
respect to which the municipality has made a | ||||||
4 | finding that there exist
conditions which cause the area to be | ||||||
5 | classified as an industrial park
conservation area or a | ||||||
6 | blighted area or a conservation area, or a
combination of both | ||||||
7 | blighted areas and conservation areas.
| ||||||
8 | (p-1) Notwithstanding any provision of this Act to the | ||||||
9 | contrary, on and after August 25, 2009 (the effective date of | ||||||
10 | Public Act 96-680), a redevelopment project area may include | ||||||
11 | areas within a one-half mile radius of an existing or proposed | ||||||
12 | Regional Transportation Authority Suburban Transit Access | ||||||
13 | Route (STAR Line) station without a finding that the area is | ||||||
14 | classified as an industrial park conservation area, a blighted | ||||||
15 | area, a conservation area, or a combination thereof, but only | ||||||
16 | if the municipality receives unanimous consent from the joint | ||||||
17 | review board created to review the proposed redevelopment | ||||||
18 | project area. | ||||||
19 | (q) "Redevelopment project costs", except for | ||||||
20 | redevelopment project areas created pursuant to subsection | ||||||
21 | (p-1), means and includes the sum total of all
reasonable or | ||||||
22 | necessary costs incurred or estimated to be incurred, and
any | ||||||
23 | such costs incidental to a redevelopment plan and a | ||||||
24 | redevelopment
project. Such costs include, without limitation, | ||||||
25 | the following:
| ||||||
26 | (1) Costs of studies, surveys, development of plans, |
| |||||||
| |||||||
1 | and
specifications, implementation and administration of | ||||||
2 | the redevelopment
plan including but not limited to staff | ||||||
3 | and professional service costs for
architectural, | ||||||
4 | engineering, legal, financial, planning or other
services, | ||||||
5 | provided however that no charges for professional services | ||||||
6 | may be
based on a percentage of the tax increment | ||||||
7 | collected; except that on and
after November 1, 1999 (the | ||||||
8 | effective date of Public Act 91-478), no
contracts for
| ||||||
9 | professional services, excluding architectural and | ||||||
10 | engineering services, may be
entered into if the terms of | ||||||
11 | the contract extend
beyond a period of 3 years. In | ||||||
12 | addition, "redevelopment project costs" shall
not include | ||||||
13 | lobbying expenses.
After consultation with the | ||||||
14 | municipality, each tax
increment consultant or advisor to a | ||||||
15 | municipality that plans to designate or
has designated a | ||||||
16 | redevelopment project area shall inform the municipality | ||||||
17 | in
writing of any contracts that the consultant or advisor | ||||||
18 | has entered into with
entities or individuals that have | ||||||
19 | received, or are receiving, payments financed
by tax
| ||||||
20 | increment revenues produced by the redevelopment project | ||||||
21 | area with respect to
which the consultant or advisor has | ||||||
22 | performed, or will be performing, service
for the
| ||||||
23 | municipality. This requirement shall be satisfied by the | ||||||
24 | consultant or advisor
before the commencement of services | ||||||
25 | for the municipality and thereafter
whenever any other | ||||||
26 | contracts with those individuals or entities are executed |
| |||||||
| |||||||
1 | by
the consultant or advisor;
| ||||||
2 | (1.5) After July 1, 1999, annual administrative costs | ||||||
3 | shall
not include general overhead or
administrative costs | ||||||
4 | of the municipality
that would still have been incurred by | ||||||
5 | the municipality if the municipality had
not
designated a | ||||||
6 | redevelopment project area or approved a redevelopment | ||||||
7 | plan;
| ||||||
8 | (1.6) The cost of
marketing sites within the | ||||||
9 | redevelopment project area to prospective
businesses, | ||||||
10 | developers, and investors;
| ||||||
11 | (2) Property assembly costs, including but not limited | ||||||
12 | to acquisition
of land and other property, real or | ||||||
13 | personal, or rights or interests therein,
demolition of | ||||||
14 | buildings, site preparation, site improvements that serve | ||||||
15 | as an
engineered barrier addressing ground level or below | ||||||
16 | ground environmental
contamination, including, but not | ||||||
17 | limited to parking lots and other concrete
or asphalt | ||||||
18 | barriers, and the clearing and grading of
land;
| ||||||
19 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
20 | or remodeling of
existing public or private buildings, | ||||||
21 | fixtures, and leasehold
improvements; and the cost of | ||||||
22 | replacing
an existing public building if pursuant to the | ||||||
23 | implementation of a
redevelopment project the existing | ||||||
24 | public building is to be demolished to use
the site for | ||||||
25 | private investment or
devoted to a different use requiring | ||||||
26 | private investment; including any direct or indirect costs |
| |||||||
| |||||||
1 | relating to Green Globes or LEED certified construction | ||||||
2 | elements or construction elements with an equivalent | ||||||
3 | certification;
| ||||||
4 | (4) Costs of the construction of public works or | ||||||
5 | improvements, including any direct or indirect costs | ||||||
6 | relating to Green Globes or LEED certified construction | ||||||
7 | elements or construction elements with an equivalent | ||||||
8 | certification, except
that on and after November 1, 1999,
| ||||||
9 | redevelopment
project costs shall not include the cost of | ||||||
10 | constructing a
new municipal public building principally | ||||||
11 | used to provide
offices, storage space, or conference | ||||||
12 | facilities or vehicle storage,
maintenance, or repair for | ||||||
13 | administrative,
public safety, or public works personnel
| ||||||
14 | and that is not intended to replace an existing
public | ||||||
15 | building as provided under paragraph (3) of subsection (q) | ||||||
16 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
17 | the new municipal building
implements a redevelopment | ||||||
18 | project that was included in a redevelopment plan
that was | ||||||
19 | adopted by the municipality prior to November 1, 1999 or | ||||||
20 | (ii) the
municipality makes a reasonable
determination in | ||||||
21 | the redevelopment plan, supported by information that | ||||||
22 | provides
the basis for that determination, that the new | ||||||
23 | municipal building is required
to meet an increase in the | ||||||
24 | need for public safety purposes anticipated to
result from | ||||||
25 | the implementation of the redevelopment plan;
| ||||||
26 | (5) Costs of job training and retraining projects, |
| |||||||
| |||||||
1 | including the cost of
"welfare to work" programs | ||||||
2 | implemented by businesses located within the
redevelopment | ||||||
3 | project area;
| ||||||
4 | (6) Financing costs, including but not limited to all | ||||||
5 | necessary and
incidental expenses related to the issuance | ||||||
6 | of obligations and which may
include payment of interest on | ||||||
7 | any obligations issued hereunder including
interest | ||||||
8 | accruing
during the estimated period of construction of any | ||||||
9 | redevelopment project
for which such obligations are | ||||||
10 | issued and for not exceeding 36 months
thereafter and | ||||||
11 | including reasonable reserves related thereto;
| ||||||
12 | (7) To the extent the municipality by written agreement | ||||||
13 | accepts and
approves
the same, all or a portion of a taxing | ||||||
14 | district's capital costs resulting
from the redevelopment | ||||||
15 | project necessarily incurred or to be incurred within a
| ||||||
16 | taxing district in
furtherance of the objectives of the | ||||||
17 | redevelopment plan and project.
| ||||||
18 | (7.5) For redevelopment project areas designated (or | ||||||
19 | redevelopment
project areas amended to add or increase the | ||||||
20 | number of
tax-increment-financing assisted housing units) | ||||||
21 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
22 | unit school
district's increased costs attributable to | ||||||
23 | assisted housing units located
within the
redevelopment | ||||||
24 | project area for which the developer or redeveloper | ||||||
25 | receives
financial assistance through an agreement with | ||||||
26 | the municipality or because the
municipality incurs the |
| |||||||
| |||||||
1 | cost of necessary infrastructure improvements within
the | ||||||
2 | boundaries of the assisted housing sites necessary for the | ||||||
3 | completion of
that housing
as authorized by this Act, and | ||||||
4 | which costs shall be paid by the municipality
from the | ||||||
5 | Special Tax Allocation Fund when the tax increment revenue | ||||||
6 | is received
as a result of the assisted housing units and | ||||||
7 | shall be calculated annually as
follows:
| ||||||
8 | (A) for foundation districts, excluding any school | ||||||
9 | district in a
municipality with a population in excess | ||||||
10 | of 1,000,000, by multiplying the
district's increase | ||||||
11 | in attendance resulting from the net increase in new
| ||||||
12 | students enrolled in that school district who reside in | ||||||
13 | housing units within
the redevelopment project area | ||||||
14 | that have received financial assistance through
an | ||||||
15 | agreement with the municipality or because the | ||||||
16 | municipality incurs the cost
of necessary | ||||||
17 | infrastructure improvements within the boundaries of | ||||||
18 | the housing
sites necessary for the completion of that | ||||||
19 | housing as authorized by this Act
since the designation | ||||||
20 | of the redevelopment project area by the most recently
| ||||||
21 | available per capita tuition cost as defined in Section | ||||||
22 | 10-20.12a of the School
Code less any increase in | ||||||
23 | general State aid as defined in Section 18-8.05 of
the | ||||||
24 | School Code attributable to these added new students | ||||||
25 | subject to the
following annual limitations:
| ||||||
26 | (i) for unit school districts with a district |
| |||||||
| |||||||
1 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
2 | than $5,900, no more than 25% of the total amount | ||||||
3 | of
property tax increment revenue produced by | ||||||
4 | those housing units that have
received tax | ||||||
5 | increment finance assistance under this Act;
| ||||||
6 | (ii) for elementary school districts with a | ||||||
7 | district average 1995-96
Per
Capita Tuition Charge | ||||||
8 | of less than $5,900, no more than 17% of the total | ||||||
9 | amount
of property tax increment revenue produced | ||||||
10 | by those housing units that have
received tax | ||||||
11 | increment finance assistance under this Act; and
| ||||||
12 | (iii) for secondary school districts with a | ||||||
13 | district average 1995-96
Per
Capita Tuition Charge | ||||||
14 | of less than $5,900, no more than 8% of the total | ||||||
15 | amount
of property tax increment revenue produced | ||||||
16 | by those housing units that have
received tax | ||||||
17 | increment finance assistance under this Act.
| ||||||
18 | (B) For alternate method districts, flat grant | ||||||
19 | districts, and foundation
districts with a district | ||||||
20 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
21 | more than $5,900, excluding any school district with a | ||||||
22 | population in excess of
1,000,000, by multiplying the | ||||||
23 | district's increase in attendance
resulting
from the | ||||||
24 | net increase in new students enrolled in that school | ||||||
25 | district who
reside in
housing units within the | ||||||
26 | redevelopment project area that have received
|
| |||||||
| |||||||
1 | financial assistance through an agreement with the | ||||||
2 | municipality or because the
municipality incurs the | ||||||
3 | cost of necessary infrastructure improvements within
| ||||||
4 | the boundaries of the housing sites necessary for the | ||||||
5 | completion of that
housing as authorized by this Act | ||||||
6 | since the designation of the redevelopment
project | ||||||
7 | area by the most recently available per capita tuition | ||||||
8 | cost as defined
in Section 10-20.12a of the School Code | ||||||
9 | less any increase in general state aid
as defined in | ||||||
10 | Section 18-8.05 of the School Code attributable to | ||||||
11 | these added
new students subject to the following | ||||||
12 | annual limitations:
| ||||||
13 | (i) for unit school districts, no more than 40% | ||||||
14 | of the total amount of
property tax increment | ||||||
15 | revenue produced by those housing units that have
| ||||||
16 | received tax increment finance assistance under | ||||||
17 | this Act;
| ||||||
18 | (ii) for elementary school districts, no more | ||||||
19 | than 27% of the total
amount
of property tax | ||||||
20 | increment revenue produced by those housing units | ||||||
21 | that have
received tax increment finance | ||||||
22 | assistance under this Act; and
| ||||||
23 | (iii) for secondary school districts, no more | ||||||
24 | than 13% of the total
amount
of property tax | ||||||
25 | increment revenue produced by those housing units | ||||||
26 | that have
received tax increment finance |
| |||||||
| |||||||
1 | assistance under this Act.
| ||||||
2 | (C) For any school district in a municipality with | ||||||
3 | a population in
excess of
1,000,000, the following | ||||||
4 | restrictions shall apply to the
reimbursement of | ||||||
5 | increased costs under this paragraph (7.5):
| ||||||
6 | (i) no increased costs shall be reimbursed | ||||||
7 | unless the school district
certifies that each of | ||||||
8 | the schools affected by the assisted housing | ||||||
9 | project
is at or over its student capacity;
| ||||||
10 | (ii) the amount reimbursable shall be reduced | ||||||
11 | by the value of any
land
donated to the school | ||||||
12 | district by the municipality or developer, and by | ||||||
13 | the
value of any physical improvements made to the | ||||||
14 | schools by the
municipality or developer; and
| ||||||
15 | (iii) the amount reimbursed may not affect | ||||||
16 | amounts otherwise obligated
by
the terms of any | ||||||
17 | bonds, notes, or other funding instruments, or the | ||||||
18 | terms of
any redevelopment agreement.
| ||||||
19 | Any school district seeking payment under this | ||||||
20 | paragraph (7.5) shall,
after July 1 and before | ||||||
21 | September 30 of each year,
provide the municipality | ||||||
22 | with reasonable evidence to support its claim for
| ||||||
23 | reimbursement before the municipality shall be | ||||||
24 | required to approve or make
the payment to the school | ||||||
25 | district. If the school district fails to provide
the | ||||||
26 | information during this period in any year, it shall |
| |||||||
| |||||||
1 | forfeit any claim to
reimbursement for that year. | ||||||
2 | School districts may adopt a resolution
waiving the | ||||||
3 | right to all or a portion of the reimbursement | ||||||
4 | otherwise required
by this paragraph
(7.5). By | ||||||
5 | acceptance of this reimbursement the school
district | ||||||
6 | waives the right to directly or indirectly set aside, | ||||||
7 | modify, or
contest in any manner the establishment of | ||||||
8 | the redevelopment project area or
projects;
| ||||||
9 | (7.7) For redevelopment project areas designated (or | ||||||
10 | redevelopment
project areas amended to add or increase the | ||||||
11 | number of
tax-increment-financing assisted housing units) | ||||||
12 | on or after
January 1, 2005 (the effective date of Public | ||||||
13 | Act 93-961),
a public library
district's increased costs | ||||||
14 | attributable to assisted housing units located
within the
| ||||||
15 | redevelopment project area for which the developer or | ||||||
16 | redeveloper receives
financial assistance through an | ||||||
17 | agreement with the municipality or because the
| ||||||
18 | municipality incurs the cost of necessary infrastructure | ||||||
19 | improvements within
the boundaries of the assisted housing | ||||||
20 | sites necessary for the completion of
that housing
as | ||||||
21 | authorized by this Act shall be paid to the library | ||||||
22 | district by the
municipality
from the Special Tax | ||||||
23 | Allocation Fund when the tax increment revenue is received
| ||||||
24 | as a result of the assisted housing units. This paragraph | ||||||
25 | (7.7) applies only if (i) the library district is located | ||||||
26 | in a county that is subject to the Property Tax Extension |
| |||||||
| |||||||
1 | Limitation Law or (ii) the library district is not located | ||||||
2 | in a county that is subject to the Property Tax Extension | ||||||
3 | Limitation Law but the district is prohibited by any other | ||||||
4 | law from increasing its tax levy rate without a prior voter | ||||||
5 | referendum.
| ||||||
6 | The amount paid to a library district under this | ||||||
7 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
8 | net increase in the number of persons eligible to obtain
a
| ||||||
9 | library card
in that district who reside in housing units | ||||||
10 | within
the redevelopment project area that have received | ||||||
11 | financial assistance through
an agreement with the | ||||||
12 | municipality or because the municipality incurs the cost
of | ||||||
13 | necessary infrastructure improvements within the | ||||||
14 | boundaries of the housing
sites necessary for the | ||||||
15 | completion of that housing as authorized by this Act
since | ||||||
16 | the designation of the redevelopment project area by (ii)
| ||||||
17 | the per-patron cost of providing library services so long | ||||||
18 | as it does not exceed $120.
The per-patron cost shall be | ||||||
19 | the Total Operating Expenditures Per Capita for the library | ||||||
20 | in the previous fiscal year.
The municipality may deduct | ||||||
21 | from the amount that it must pay to a library district | ||||||
22 | under this paragraph any amount that it has voluntarily | ||||||
23 | paid to the library district from the tax increment | ||||||
24 | revenue. The amount paid to a library district under this | ||||||
25 | paragraph (7.7) shall be no
more
than 2% of the amount | ||||||
26 | produced by the assisted housing units and deposited into |
| |||||||
| |||||||
1 | the Special Tax Allocation Fund.
| ||||||
2 | A library district is not eligible for any payment | ||||||
3 | under this paragraph
(7.7)
unless the library district has | ||||||
4 | experienced an increase in the
number of patrons from the | ||||||
5 | municipality that created the tax-increment-financing | ||||||
6 | district since the designation of the redevelopment | ||||||
7 | project area.
| ||||||
8 | Any library district seeking payment under this | ||||||
9 | paragraph (7.7) shall,
after July 1 and before September 30 | ||||||
10 | of each year,
provide the municipality with convincing | ||||||
11 | evidence to support its claim for
reimbursement before the | ||||||
12 | municipality shall be required to approve or make
the | ||||||
13 | payment to the library district. If the library district | ||||||
14 | fails to provide
the information during this period in any | ||||||
15 | year, it shall forfeit any claim to
reimbursement for that | ||||||
16 | year. Library districts may adopt a resolution
waiving the | ||||||
17 | right to all or a portion of the reimbursement otherwise | ||||||
18 | required by this paragraph (7.7). By acceptance of such | ||||||
19 | reimbursement, the library district shall forfeit any | ||||||
20 | right to directly or indirectly set aside, modify, or | ||||||
21 | contest in any manner whatsoever the establishment of the | ||||||
22 | redevelopment project area or
projects;
| ||||||
23 | (8) Relocation costs to the extent that a municipality | ||||||
24 | determines that
relocation costs shall be paid or is | ||||||
25 | required to make payment of relocation
costs by federal or | ||||||
26 | State law or in order to satisfy subparagraph (7) of
|
| |||||||
| |||||||
1 | subsection (n);
| ||||||
2 | (9) Payment in lieu of taxes;
| ||||||
3 | (10) Costs of job training, retraining, advanced | ||||||
4 | vocational education
or career
education, including but | ||||||
5 | not limited to courses in occupational,
semi-technical or | ||||||
6 | technical fields leading directly to employment, incurred
| ||||||
7 | by one or more taxing districts, provided that such costs | ||||||
8 | (i) are related
to the establishment and maintenance of | ||||||
9 | additional job training, advanced
vocational education or | ||||||
10 | career education programs for persons employed or
to be | ||||||
11 | employed by employers located in a redevelopment project | ||||||
12 | area; and
(ii) when incurred by a taxing district or taxing | ||||||
13 | districts other than the
municipality, are set forth in a | ||||||
14 | written agreement by or among the
municipality and the | ||||||
15 | taxing district or taxing districts, which agreement
| ||||||
16 | describes the program to be undertaken, including but not | ||||||
17 | limited to the
number of employees to be trained, a | ||||||
18 | description of the training and
services to be provided, | ||||||
19 | the number and type of positions available or to
be | ||||||
20 | available, itemized costs of the program and sources of | ||||||
21 | funds to pay for the
same, and the term of the agreement. | ||||||
22 | Such costs include, specifically, the
payment by community | ||||||
23 | college districts of costs pursuant to Sections 3-37,
3-38, | ||||||
24 | 3-40 and 3-40.1 of the Public Community College Act and by | ||||||
25 | school
districts of costs pursuant to Sections 10-22.20a | ||||||
26 | and 10-23.3a of The School
Code;
|
| |||||||
| |||||||
1 | (11) Interest cost incurred by a redeveloper related to | ||||||
2 | the
construction, renovation or rehabilitation of a | ||||||
3 | redevelopment project
provided that:
| ||||||
4 | (A) such costs are to be paid directly from the | ||||||
5 | special tax
allocation fund established pursuant to | ||||||
6 | this Act;
| ||||||
7 | (B) such payments in any one year may not exceed | ||||||
8 | 30% of the annual
interest costs incurred by the | ||||||
9 | redeveloper with regard to the redevelopment
project | ||||||
10 | during that year;
| ||||||
11 | (C) if there are not sufficient funds available in | ||||||
12 | the special tax
allocation fund to make the payment | ||||||
13 | pursuant to this paragraph (11) then
the amounts so due | ||||||
14 | shall accrue and be payable when sufficient funds are
| ||||||
15 | available in the special tax allocation fund;
| ||||||
16 | (D) the total of such interest payments paid | ||||||
17 | pursuant to this Act
may not exceed 30% of the total | ||||||
18 | (i) cost paid or incurred by the
redeveloper for the | ||||||
19 | redevelopment project plus (ii) redevelopment project
| ||||||
20 | costs excluding any property assembly costs and any | ||||||
21 | relocation costs
incurred by a municipality pursuant | ||||||
22 | to this Act; and
| ||||||
23 | (E) the cost limits set forth in subparagraphs (B) | ||||||
24 | and (D) of
paragraph (11) shall be modified for the | ||||||
25 | financing of rehabilitated or
new housing units for | ||||||
26 | low-income households and very low-income households, |
| |||||||
| |||||||
1 | as
defined in
Section 3 of the Illinois Affordable | ||||||
2 | Housing Act. The percentage of
75% shall be substituted | ||||||
3 | for 30% in subparagraphs (B) and (D) of
paragraph (11).
| ||||||
4 | (F) Instead of the eligible costs provided by | ||||||
5 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
6 | modified by this subparagraph, and notwithstanding
any | ||||||
7 | other provisions of this Act to the contrary, the | ||||||
8 | municipality may
pay from tax increment revenues up to | ||||||
9 | 50% of the cost of construction
of new housing units to | ||||||
10 | be occupied by low-income households and very
| ||||||
11 | low-income
households as defined in Section 3 of the | ||||||
12 | Illinois Affordable Housing
Act. The cost of | ||||||
13 | construction of those units may be derived from the
| ||||||
14 | proceeds of bonds issued by the municipality under this | ||||||
15 | Act or
other constitutional or statutory authority or | ||||||
16 | from other sources of
municipal revenue that may be | ||||||
17 | reimbursed from tax increment
revenues or the proceeds | ||||||
18 | of bonds issued to finance the construction
of that | ||||||
19 | housing.
| ||||||
20 | The eligible costs provided under this | ||||||
21 | subparagraph (F) of paragraph (11)
shall
be
an eligible | ||||||
22 | cost for the construction, renovation, and | ||||||
23 | rehabilitation of all
low and very low-income housing | ||||||
24 | units, as defined in Section 3 of the Illinois
| ||||||
25 | Affordable Housing Act, within the redevelopment | ||||||
26 | project area. If the low and
very
low-income units are |
| |||||||
| |||||||
1 | part of a residential redevelopment project that | ||||||
2 | includes
units not affordable to low and very | ||||||
3 | low-income households, only the low and
very | ||||||
4 | low-income units shall be eligible for benefits under | ||||||
5 | subparagraph (F) of
paragraph (11).
The standards for | ||||||
6 | maintaining the occupancy
by low-income households and | ||||||
7 | very low-income households,
as
defined in Section 3 of | ||||||
8 | the Illinois Affordable Housing Act,
of those units | ||||||
9 | constructed with eligible costs made available under | ||||||
10 | the
provisions of
this subparagraph (F) of paragraph | ||||||
11 | (11)
shall be
established by guidelines adopted by the | ||||||
12 | municipality. The
responsibility for annually | ||||||
13 | documenting the initial occupancy of
the units by | ||||||
14 | low-income households and very low-income households, | ||||||
15 | as defined
in
Section 3
of the Illinois Affordable | ||||||
16 | Housing Act, shall be that of the then current
owner of | ||||||
17 | the property.
For ownership units, the guidelines will | ||||||
18 | provide, at a minimum, for a
reasonable recapture of | ||||||
19 | funds, or other appropriate methods designed to
| ||||||
20 | preserve the original affordability of the ownership | ||||||
21 | units. For rental units,
the guidelines will provide, | ||||||
22 | at a minimum, for the affordability of rent to low
and | ||||||
23 | very low-income households. As units become available, | ||||||
24 | they shall be
rented to income-eligible tenants.
The | ||||||
25 | municipality may modify these
guidelines from time to | ||||||
26 | time; the guidelines, however, shall be in effect
for |
| |||||||
| |||||||
1 | as long as tax increment revenue is being used to pay | ||||||
2 | for costs
associated with the units or for the | ||||||
3 | retirement of bonds issued to finance
the units or for | ||||||
4 | the life of the redevelopment project area, whichever | ||||||
5 | is
later.
| ||||||
6 | (11.5) If the redevelopment project area is located | ||||||
7 | within a municipality
with a population of more than | ||||||
8 | 100,000, the cost of day care services for
children of | ||||||
9 | employees from
low-income
families working for businesses | ||||||
10 | located within the redevelopment project area
and all or a
| ||||||
11 | portion of the cost of operation of day care centers | ||||||
12 | established by
redevelopment project
area businesses to | ||||||
13 | serve employees from low-income families working in
| ||||||
14 | businesses
located in the redevelopment project area. For | ||||||
15 | the purposes of this paragraph,
"low-income families" | ||||||
16 | means families whose annual income does not exceed 80% of
| ||||||
17 | the
municipal, county, or regional median income, adjusted | ||||||
18 | for family size, as the
annual
income and municipal, | ||||||
19 | county, or regional median income are determined from
time | ||||||
20 | to
time by the United States Department of Housing and | ||||||
21 | Urban Development.
| ||||||
22 | (12) Unless explicitly stated herein the cost of | ||||||
23 | construction of new
privately-owned buildings shall not be | ||||||
24 | an eligible redevelopment project cost.
| ||||||
25 | (13) After November 1, 1999 (the effective date of | ||||||
26 | Public Act
91-478), none of
the
redevelopment project costs |
| |||||||
| |||||||
1 | enumerated in this subsection shall be eligible
| ||||||
2 | redevelopment project costs if those costs would provide | ||||||
3 | direct financial
support to a
retail entity initiating | ||||||
4 | operations in the
redevelopment project area while
| ||||||
5 | terminating operations at another Illinois location within | ||||||
6 | 10 miles of the
redevelopment project area but outside the | ||||||
7 | boundaries of the redevelopment
project area municipality. | ||||||
8 | For
purposes of this paragraph, termination means a
closing | ||||||
9 | of a retail operation that is directly related to the | ||||||
10 | opening of the
same operation or like retail entity owned | ||||||
11 | or operated by more than 50% of the
original ownership in a | ||||||
12 | redevelopment project area, but
it does not mean
closing an | ||||||
13 | operation for reasons beyond the control of the
retail | ||||||
14 | entity, as
documented by the retail entity, subject to a | ||||||
15 | reasonable finding by the
municipality that the current | ||||||
16 | location contained inadequate space, had become
| ||||||
17 | economically obsolete, or was no longer a viable location | ||||||
18 | for the retailer or
serviceman.
| ||||||
19 | (14) No cost shall be a redevelopment project cost in a | ||||||
20 | redevelopment project area if used to demolish, remove, or | ||||||
21 | substantially modify a historic resource, after August 26, | ||||||
22 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
23 | prudent and feasible alternative exists. "Historic | ||||||
24 | resource" for the purpose of this item (14) means (i) a | ||||||
25 | place or structure that is included or eligible for | ||||||
26 | inclusion on the National Register of Historic Places or |
| |||||||
| |||||||
1 | (ii) a contributing structure in a district on the National | ||||||
2 | Register of Historic Places. This item (14) does not apply | ||||||
3 | to a place or structure for which demolition, removal, or | ||||||
4 | modification is subject to review by the preservation | ||||||
5 | agency of a Certified Local Government designated as such | ||||||
6 | by the National Park Service of the United States | ||||||
7 | Department of the Interior. | ||||||
8 | If a special service area has been established pursuant to
| ||||||
9 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
10 | Law, then any
tax increment revenues derived
from the tax | ||||||
11 | imposed pursuant to the Special Service Area Tax Act or Special
| ||||||
12 | Service Area Tax Law may
be used within the redevelopment | ||||||
13 | project area for the purposes permitted by
that Act or Law as | ||||||
14 | well as the purposes permitted by this Act.
| ||||||
15 | (q-1) For redevelopment project areas created pursuant to | ||||||
16 | subsection (p-1), redevelopment project costs are limited to | ||||||
17 | those costs in paragraph (q) that are related to the existing | ||||||
18 | or proposed Regional Transportation Authority Suburban Transit | ||||||
19 | Access Route (STAR Line) station. | ||||||
20 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
21 | project area or
the amended redevelopment project area | ||||||
22 | boundaries which are determined
pursuant to subsection (9) of | ||||||
23 | Section 11-74.4-8a of this
Act. The Department of Revenue shall | ||||||
24 | certify pursuant to subsection (9) of
Section 11-74.4-8a the | ||||||
25 | appropriate boundaries eligible for the
determination of State | ||||||
26 | Sales Tax Increment.
|
| |||||||
| |||||||
1 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
2 | the increase
in the aggregate amount of taxes paid by retailers | ||||||
3 | and servicemen, other
than retailers and servicemen subject to | ||||||
4 | the Public Utilities Act,
on transactions at places of business | ||||||
5 | located within a State Sales Tax
Boundary pursuant to the | ||||||
6 | Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use | ||||||
7 | Tax Act, and the Service Occupation Tax Act, except such
| ||||||
8 | portion of such increase that is paid into the State and Local | ||||||
9 | Sales Tax
Reform Fund, the Local Government Distributive Fund, | ||||||
10 | the Local
Government Tax Fund and the County and Mass Transit | ||||||
11 | District Fund, for as
long as State participation exists, over | ||||||
12 | and above the Initial Sales Tax
Amounts, Adjusted Initial Sales | ||||||
13 | Tax Amounts or the Revised Initial Sales
Tax Amounts for such | ||||||
14 | taxes as certified by the Department of Revenue and
paid under | ||||||
15 | those Acts by retailers and servicemen on transactions at | ||||||
16 | places
of business located within the State Sales Tax Boundary | ||||||
17 | during the base
year which shall be the calendar year | ||||||
18 | immediately prior to the year in
which the municipality adopted | ||||||
19 | tax increment allocation financing, less
3.0% of such amounts | ||||||
20 | generated under the Retailers' Occupation Tax Act, Use
Tax Act | ||||||
21 | and Service Use Tax Act and the Service Occupation Tax Act, | ||||||
22 | which
sum shall be appropriated to the Department of Revenue to | ||||||
23 | cover its costs
of administering and enforcing this Section. | ||||||
24 | For purposes of computing the
aggregate amount of such taxes | ||||||
25 | for base years occurring prior to 1985, the
Department of | ||||||
26 | Revenue shall compute the Initial Sales Tax Amount for such
|
| |||||||
| |||||||
1 | taxes and deduct therefrom an amount equal to 4% of the | ||||||
2 | aggregate amount of
taxes per year for each year the base year | ||||||
3 | is prior to 1985, but not to
exceed a total deduction of 12%. | ||||||
4 | The amount so determined shall be known
as the "Adjusted | ||||||
5 | Initial Sales Tax Amount". For purposes of determining the
| ||||||
6 | State Sales Tax Increment the Department of Revenue shall for | ||||||
7 | each period
subtract from the tax amounts received from | ||||||
8 | retailers and servicemen on
transactions located in the State | ||||||
9 | Sales Tax Boundary, the certified Initial
Sales Tax Amounts, | ||||||
10 | Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax | ||||||
11 | Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
| ||||||
12 | the Service Use Tax Act and the Service Occupation Tax Act. For | ||||||
13 | the State
Fiscal Year 1989 this calculation shall be made by | ||||||
14 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
15 | received. For the State Fiscal Year
1990, this calculation | ||||||
16 | shall be made by utilizing the period from January
1, 1988, | ||||||
17 | until September 30, 1988, to determine the tax amounts received
| ||||||
18 | from retailers and servicemen, which shall have deducted | ||||||
19 | therefrom
nine-twelfths of the certified Initial Sales Tax | ||||||
20 | Amounts, Adjusted Initial
Sales Tax Amounts or the Revised | ||||||
21 | Initial Sales Tax Amounts as appropriate.
For the State Fiscal | ||||||
22 | Year 1991, this calculation shall be made by utilizing
the | ||||||
23 | period from October 1, 1988, until June 30, 1989, to determine | ||||||
24 | the tax
amounts received from retailers and servicemen, which | ||||||
25 | shall have
deducted therefrom nine-twelfths of the certified | ||||||
26 | Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax |
| |||||||
| |||||||
1 | Amounts or the Revised Initial Sales
Tax Amounts as | ||||||
2 | appropriate. For every State Fiscal Year thereafter, the
| ||||||
3 | applicable period shall be the 12 months beginning July 1 and | ||||||
4 | ending on
June 30, to determine the tax amounts received which | ||||||
5 | shall have deducted
therefrom the certified Initial Sales Tax | ||||||
6 | Amounts, Adjusted Initial Sales
Tax Amounts or the Revised | ||||||
7 | Initial Sales Tax Amounts. Municipalities
intending to receive | ||||||
8 | a distribution of State Sales Tax Increment must
report a list | ||||||
9 | of retailers to the Department of Revenue by October 31, 1988
| ||||||
10 | and by July 31, of each year thereafter.
| ||||||
11 | (t) "Taxing districts" means counties, townships, cities | ||||||
12 | and incorporated
towns and villages, school, road, park, | ||||||
13 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
14 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
15 | and any other municipal corporations or districts with the | ||||||
16 | power
to levy taxes.
| ||||||
17 | (u) "Taxing districts' capital costs" means those costs of | ||||||
18 | taxing districts
for capital improvements that are found by the | ||||||
19 | municipal corporate authorities
to be necessary and directly | ||||||
20 | result from the redevelopment project.
| ||||||
21 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
22 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
23 | of real property without
industrial, commercial, and | ||||||
24 | residential buildings which has not been used
for commercial | ||||||
25 | agricultural purposes within 5 years prior to the
designation | ||||||
26 | of the redevelopment project area, unless the parcel
is |
| |||||||
| |||||||
1 | included in an industrial park conservation area or the parcel | ||||||
2 | has
been subdivided; provided that if the parcel was part of a | ||||||
3 | larger tract that
has been divided into 3 or more smaller | ||||||
4 | tracts that were accepted for
recording during the period from | ||||||
5 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
6 | subdivided, and all proceedings and actions of the municipality
| ||||||
7 | taken in that connection with respect to any previously | ||||||
8 | approved or designated
redevelopment project area or amended | ||||||
9 | redevelopment project area are hereby
validated and hereby | ||||||
10 | declared to be legally sufficient for all purposes of this
Act.
| ||||||
11 | For purposes of this Section and only for land subject to
the | ||||||
12 | subdivision requirements of the Plat Act, land is subdivided | ||||||
13 | when the
original plat of
the proposed Redevelopment Project | ||||||
14 | Area or relevant portion thereof has
been
properly certified, | ||||||
15 | acknowledged, approved, and recorded or filed in accordance
| ||||||
16 | with the Plat Act and a preliminary plat, if any, for any | ||||||
17 | subsequent phases of
the
proposed Redevelopment Project Area or | ||||||
18 | relevant portion thereof has been
properly approved and filed | ||||||
19 | in accordance with the applicable ordinance of the
| ||||||
20 | municipality.
| ||||||
21 | (w) "Annual Total Increment" means the sum of each | ||||||
22 | municipality's
annual Net Sales Tax Increment and each | ||||||
23 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
24 | the Annual Total Increment of each
municipality to the Annual | ||||||
25 | Total Increment for all municipalities, as most
recently | ||||||
26 | calculated by the Department, shall determine the proportional
|
| |||||||
| |||||||
1 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
2 | each
municipality.
| ||||||
3 | (x) "LEED certified" means any certification level of | ||||||
4 | construction elements by a qualified Leadership in Energy and | ||||||
5 | Environmental Design Accredited Professional as determined by | ||||||
6 | the U.S. Green Building Council. | ||||||
7 | (y) "Green Globes certified" means any certification level | ||||||
8 | of construction elements by a qualified Green Globes | ||||||
9 | Professional as determined by the Green Building Initiative. | ||||||
10 | (Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10; | ||||||
11 | 96-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff. | ||||||
12 | 1-1-12.)
| ||||||
13 | (65 ILCS 5/11-74.4-3.3 new) | ||||||
14 | Sec. 11-74.4-3.3. Redevelopment project area within a | ||||||
15 | transit facility improvement area. | ||||||
16 | (a) As used in this Section: | ||||||
17 | "Transit" means any or more of the following transportation | ||||||
18 | services provided to passengers: bus rapid transit service; | ||||||
19 | inter-city passenger rail service; commuter rail service; and | ||||||
20 | urban mass transit rail service, whether elevated, | ||||||
21 | underground, or running at grade, and whether provided through | ||||||
22 | rolling stock generally referred to as heavy rail or light | ||||||
23 | rail. | ||||||
24 | "Transit facility" means an existing or proposed transit | ||||||
25 | passenger station, an existing or proposed transit |
| |||||||
| |||||||
1 | maintenance, storage or service facility, or an existing or | ||||||
2 | proposed right of way for use in providing commuter rail or | ||||||
3 | urban mass transit service. | ||||||
4 | "Transit facility improvement area" means an area whose | ||||||
5 | boundaries are no more than one-half mile in any direction from | ||||||
6 | the location of a mass transit facility; provided that the | ||||||
7 | length of any existing or proposed right of way included in any | ||||||
8 | transit facility improvement area shall not exceed 6 miles. | ||||||
9 | "Transit facility improvement area redevelopment project | ||||||
10 | costs" means those costs described in subsection (q) of Section | ||||||
11 | 11-74.4-3 of this Act that are related to the construction, | ||||||
12 | reconstruction, rehabilitation, remodeling or repair of any | ||||||
13 | existing or proposed transit facility, whether publicly or | ||||||
14 | privately-owned. | ||||||
15 | (b) Notwithstanding any other provision of law to the | ||||||
16 | contrary, if the corporate authorities of a municipality | ||||||
17 | designate an area within the territorial limits of the | ||||||
18 | municipality as a transit facility improvement area, then that | ||||||
19 | municipality may establish a redevelopment project area within | ||||||
20 | that transit facility improvement area for the purpose of | ||||||
21 | developing new transit facilities, expanding or rehabilitating | ||||||
22 | existing transit facilities, or both. | ||||||
23 | (c) As used in this Section, a redevelopment project area | ||||||
24 | is limited to the Chicago Union Station Master Plan, the | ||||||
25 | Chicago Transit Authority's Red and Purple Modernization | ||||||
26 | Program, Chicago Transit Authority's Blue Line Modernization |
| |||||||
| |||||||
1 | and Extension, and the Chicago Transit Authority's Red Line | ||||||
2 | Extension.
| ||||||
3 | (65 ILCS 5/11-74.4-3.5)
| ||||||
4 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
5 | projects. | ||||||
6 | (a) Unless otherwise stated in this Section, the estimated | ||||||
7 | dates of completion
of the redevelopment project and retirement | ||||||
8 | of obligations issued to finance
redevelopment project costs | ||||||
9 | (including refunding bonds under Section 11-74.4-7) may not be
| ||||||
10 | later than December 31 of the year in which the payment to the | ||||||
11 | municipal
treasurer, as provided in subsection (b) of Section | ||||||
12 | 11-74.4-8 of this Act, is to
be made with respect to ad valorem | ||||||
13 | taxes levied in the 23rd
calendar year after the year in which | ||||||
14 | the ordinance approving the
redevelopment project area was | ||||||
15 | adopted if the ordinance was adopted on or after
January 15, | ||||||
16 | 1981. | ||||||
17 | (a-5) The estimated dates of completion of the | ||||||
18 | redevelopment project and retirement of obligations issued to | ||||||
19 | finance redevelopment project costs (including refunding bonds | ||||||
20 | under Section 11-74.4-7) may not be later than December 31 of | ||||||
21 | the year in which the payment to the municipal treasurer, as | ||||||
22 | provided in subsection (b) of Section 11-74.4-8 of this | ||||||
23 | amendatory Act of the 99th General Assembly, is to be made with | ||||||
24 | respect to ad valorem taxes levied in the 50th calendar year | ||||||
25 | after the year in which the ordinance approving the |
| |||||||
| |||||||
1 | redevelopment project area was adopted if the redevelopment | ||||||
2 | project area is located within a transit facility improvement | ||||||
3 | area. | ||||||
4 | (a-7) A municipality may adopt tax increment financing for | ||||||
5 | a redevelopment project area located in a transit facility | ||||||
6 | improvement area that also includes real property located | ||||||
7 | within an existing redevelopment project area established | ||||||
8 | prior to the effective date of this amendatory Act of 99th | ||||||
9 | General Assembly. In such case: (i) the provisions of this | ||||||
10 | Division shall apply with respect to the previously established | ||||||
11 | redevelopment project area until the municipality adopts, as | ||||||
12 | required in accordance with applicable provisions of this | ||||||
13 | Division, an ordinance dissolving the special tax allocation | ||||||
14 | fund for such redevelopment project area and terminating the | ||||||
15 | designation of such redevelopment project area as a | ||||||
16 | redevelopment project area; and (ii) after the effective date | ||||||
17 | of the ordinance described in (i), the provisions of this | ||||||
18 | Division shall apply with respect to the subsequently | ||||||
19 | established redevelopment project area located in a transit | ||||||
20 | facility improvement area. | ||||||
21 | (b) The estimated dates of completion of the redevelopment | ||||||
22 | project and retirement of obligations issued to finance | ||||||
23 | redevelopment project costs (including refunding bonds under | ||||||
24 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
25 | year in which the payment to the municipal treasurer as | ||||||
26 | provided in subsection (b) of Section 11-74.4-8 of this Act is |
| |||||||
| |||||||
1 | to be made with respect to ad valorem taxes levied in the 32nd | ||||||
2 | calendar year after the year in which the ordinance approving | ||||||
3 | the redevelopment project area was adopted if the ordinance was | ||||||
4 | adopted on September 9, 1999 by the Village of Downs. | ||||||
5 | The estimated dates of completion
of the redevelopment | ||||||
6 | project and retirement of obligations issued to finance
| ||||||
7 | redevelopment project costs (including refunding bonds under | ||||||
8 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
9 | year in which the payment to the municipal
treasurer as | ||||||
10 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
11 | to
be made with respect to ad valorem taxes levied in the 33rd | ||||||
12 | calendar
year after the year in which the ordinance approving | ||||||
13 | the
redevelopment project area was adopted if the ordinance was | ||||||
14 | adopted on May 20, 1985 by the Village of Wheeling. | ||||||
15 | The estimated dates of completion of the redevelopment | ||||||
16 | project and retirement of obligations issued to finance | ||||||
17 | redevelopment project costs (including refunding bonds under | ||||||
18 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
19 | year in which the payment to the municipal treasurer as | ||||||
20 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
21 | to be made with respect to ad valorem taxes levied in the 28th | ||||||
22 | calendar year after the year in which the ordinance approving | ||||||
23 | the redevelopment project area was adopted if the ordinance was | ||||||
24 | adopted on October 12, 1989 by the City of Lawrenceville. | ||||||
25 | (c) The estimated dates of completion
of the redevelopment | ||||||
26 | project and retirement of obligations issued to finance
|
| |||||||
| |||||||
1 | redevelopment project costs (including refunding bonds under | ||||||
2 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
3 | year in which the payment to the municipal
treasurer as | ||||||
4 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
5 | to
be made with respect to ad valorem taxes levied in the 35th | ||||||
6 | calendar
year after the year in which the ordinance approving | ||||||
7 | the
redevelopment project area was adopted: | ||||||
8 | (1) If if the ordinance was adopted before January 15, | ||||||
9 | 1981 . ; | ||||||
10 | (2) If if the ordinance was adopted in December 1983, | ||||||
11 | April 1984, July 1985,
or December 1989 . ; | ||||||
12 | (3) If if the ordinance was adopted in December 1987 | ||||||
13 | and the redevelopment
project is located within one mile of | ||||||
14 | Midway Airport . ; | ||||||
15 | (4) If if the ordinance was adopted before January 1, | ||||||
16 | 1987 by a municipality in
Mason County . ; | ||||||
17 | (5) If if the municipality is subject to the Local | ||||||
18 | Government Financial Planning
and Supervision Act or the | ||||||
19 | Financially Distressed City Law . ; | ||||||
20 | (6) If if the ordinance was adopted in December 1984 by | ||||||
21 | the Village of Rosemont . ; | ||||||
22 | (7) If if the ordinance was adopted on December 31, | ||||||
23 | 1986 by a municipality
located in Clinton County for which | ||||||
24 | at least $250,000 of tax increment
bonds were authorized on | ||||||
25 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
26 | 31, 1986 by a municipality with a population in 1990 of |
| |||||||
| |||||||
1 | less than
3,600 that is located in a county with a | ||||||
2 | population in 1990 of less than
34,000 and for which at | ||||||
3 | least $250,000 of tax increment bonds were authorized
on | ||||||
4 | June 17, 1997 . ; | ||||||
5 | (8) If if the ordinance was adopted on October 5, 1982 | ||||||
6 | by the City of Kankakee, or if the ordinance was adopted on | ||||||
7 | December 29, 1986 by East St. Louis . ; | ||||||
8 | (9) If if
the ordinance was adopted on November 12, | ||||||
9 | 1991 by the Village of Sauget . ; | ||||||
10 | (10) If if the ordinance was
adopted on February 11, | ||||||
11 | 1985 by the City of Rock Island . ; | ||||||
12 | (11) If if the ordinance was adopted before December | ||||||
13 | 18, 1986 by the City of
Moline . ; | ||||||
14 | (12) If if the ordinance was adopted in September 1988 | ||||||
15 | by Sauk Village . ; | ||||||
16 | (13) If if the ordinance was adopted in October 1993 by | ||||||
17 | Sauk Village . ; | ||||||
18 | (14) If if the ordinance was adopted on December 29, | ||||||
19 | 1986 by the City of Galva . ; | ||||||
20 | (15) If if the ordinance was adopted in March 1991 by | ||||||
21 | the City of Centreville . ; | ||||||
22 | (16) If if the ordinance was adopted on January 23, | ||||||
23 | 1991
by the City of East St. Louis . ; | ||||||
24 | (17) If if the ordinance was adopted on December 22, | ||||||
25 | 1986 by the City of Aledo . ; | ||||||
26 | (18) If if the ordinance was adopted on February 5, |
| |||||||
| |||||||
1 | 1990 by the City of Clinton . ; | ||||||
2 | (19) If if the ordinance was adopted on September 6, | ||||||
3 | 1994 by the City of Freeport . ; | ||||||
4 | (20) If if the ordinance was adopted on December 22, | ||||||
5 | 1986 by the City of Tuscola . ; | ||||||
6 | (21) If if the ordinance was adopted on December 23, | ||||||
7 | 1986 by the City of Sparta . ; | ||||||
8 | (22) If if the ordinance was adopted on December 23, | ||||||
9 | 1986 by the City of
Beardstown . ; | ||||||
10 | (23) If if the ordinance was adopted on April 27, 1981, | ||||||
11 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
12 | Belleville . ; | ||||||
13 | (24) If if the ordinance was adopted on December 29, | ||||||
14 | 1986 by the City of
Collinsville . ; | ||||||
15 | (25) If if the ordinance was adopted on September 14, | ||||||
16 | 1994 by the
City of Alton . ; | ||||||
17 | (26) If if the ordinance was adopted on November 11, | ||||||
18 | 1996 by the
City of Lexington . ; | ||||||
19 | (27) If if the ordinance was adopted on November 5, | ||||||
20 | 1984 by
the City of LeRoy . ; | ||||||
21 | (28) If if the ordinance was adopted on April 3, 1991 | ||||||
22 | or
June 3, 1992 by the City of Markham . ; | ||||||
23 | (29) If if the ordinance was adopted on November 11, | ||||||
24 | 1986 by the City of Pekin . ; | ||||||
25 | (30) If if the ordinance was adopted on December 15, | ||||||
26 | 1981 by the City of Champaign . ; |
| |||||||
| |||||||
1 | (31) If if the ordinance was adopted on December 15, | ||||||
2 | 1986 by the City of Urbana . ; | ||||||
3 | (32) If if the ordinance was adopted on December 15, | ||||||
4 | 1986 by the Village of Heyworth . ; | ||||||
5 | (33) If if the ordinance was adopted on February 24, | ||||||
6 | 1992 by the Village of Heyworth . ; | ||||||
7 | (34) If if the ordinance was adopted on March 16, 1995 | ||||||
8 | by the Village of Heyworth . ; | ||||||
9 | (35) If if the ordinance was adopted on December 23, | ||||||
10 | 1986 by the Town of Cicero . ; | ||||||
11 | (36) If if the ordinance was adopted on December 30, | ||||||
12 | 1986 by the City of Effingham . ; | ||||||
13 | (37) If if the ordinance was adopted on May 9, 1991 by | ||||||
14 | the Village of
Tilton . ; | ||||||
15 | (38) If if the ordinance was adopted on October 20, | ||||||
16 | 1986 by the City of Elmhurst . ; | ||||||
17 | (39) If if the ordinance was adopted on January 19, | ||||||
18 | 1988 by the City of
Waukegan . ; | ||||||
19 | (40) If if the ordinance was adopted on September 21, | ||||||
20 | 1998 by the City of
Waukegan . ; | ||||||
21 | (41) If if the ordinance was adopted on December 31, | ||||||
22 | 1986 by the City of Sullivan . ; | ||||||
23 | (42) If if the ordinance was adopted on December 23, | ||||||
24 | 1991 by the City of Sullivan . ; | ||||||
25 | (43) If if the ordinance was adopted on December 31, | ||||||
26 | 1986 by the City of Oglesby . ; |
| |||||||
| |||||||
1 | (44) If if the ordinance was adopted on July 28, 1987 | ||||||
2 | by the City of Marion . ; | ||||||
3 | (45) If if the ordinance was adopted on April 23, 1990 | ||||||
4 | by the City of Marion . ; | ||||||
5 | (46) If if the ordinance was adopted on August 20, 1985 | ||||||
6 | by the Village of Mount Prospect . ; | ||||||
7 | (47) If if the ordinance was adopted on February 2, | ||||||
8 | 1998 by the Village of Woodhull . ; | ||||||
9 | (48) If if the ordinance was adopted on April 20, 1993 | ||||||
10 | by the Village of Princeville . ; | ||||||
11 | (49) If if the ordinance was adopted on July 1, 1986 by | ||||||
12 | the City of Granite City . ; | ||||||
13 | (50) If if the ordinance was adopted on February 2, | ||||||
14 | 1989 by the Village of Lombard . ; | ||||||
15 | (51) If if the ordinance was adopted on December 29, | ||||||
16 | 1986 by the Village of Gardner . ; | ||||||
17 | (52) If if the ordinance was adopted on July 14, 1999 | ||||||
18 | by the Village of Paw Paw . ; | ||||||
19 | (53) If if the ordinance was adopted on November 17, | ||||||
20 | 1986 by the Village of Franklin Park . ; | ||||||
21 | (54) If if the ordinance was adopted on November 20, | ||||||
22 | 1989 by the Village of South Holland . ; | ||||||
23 | (55) If if the ordinance was adopted on July 14, 1992 | ||||||
24 | by the Village of Riverdale . ; | ||||||
25 | (56) If if the ordinance was adopted on December 29, | ||||||
26 | 1986 by the City of Galesburg . ; |
| |||||||
| |||||||
1 | (57) If if the ordinance was adopted on April 1, 1985 | ||||||
2 | by the City of Galesburg . ; | ||||||
3 | (58) If if the ordinance was adopted on May 21, 1990 by | ||||||
4 | the City of West Chicago . ; | ||||||
5 | (59) If if the ordinance was adopted on December 16, | ||||||
6 | 1986 by the City of Oak Forest . ; | ||||||
7 | (60) If if the ordinance was adopted in 1999 by the | ||||||
8 | City of Villa Grove . ; | ||||||
9 | (61) If if the ordinance was adopted on January 13, | ||||||
10 | 1987 by the Village of Mt. Zion . ; | ||||||
11 | (62) If if the ordinance was adopted on December 30, | ||||||
12 | 1986 by the Village of Manteno . ; | ||||||
13 | (63) If if the ordinance was adopted on April 3, 1989 | ||||||
14 | by the City of Chicago Heights . ; | ||||||
15 | (64) If if the ordinance was adopted on January 6, 1999 | ||||||
16 | by the Village of Rosemont . ; | ||||||
17 | (65) If if the ordinance was adopted on December 19, | ||||||
18 | 2000 by the Village of Stone Park . ; | ||||||
19 | (66) If if the ordinance was adopted on December 22, | ||||||
20 | 1986 by the City of DeKalb . ; | ||||||
21 | (67) If if the ordinance was adopted on December 2, | ||||||
22 | 1986 by the City of Aurora . ;
| ||||||
23 | (68) If
if the ordinance was adopted on December 31, | ||||||
24 | 1986 by the Village of Milan . ; | ||||||
25 | (69) If
if the ordinance was adopted on September 8, | ||||||
26 | 1994 by the City of West Frankfort . ; |
| |||||||
| |||||||
1 | (70) If if the ordinance was adopted on December 23, | ||||||
2 | 1986 by the Village of Libertyville . ; | ||||||
3 | (71) If if the ordinance was adopted on December 22, | ||||||
4 | 1986 by the Village of Hoffman Estates . ;
| ||||||
5 | (72) If if the ordinance was adopted on September 17, | ||||||
6 | 1986 by the Village of Sherman . ;
| ||||||
7 | (73) If if the ordinance was adopted on December 16, | ||||||
8 | 1986 by the City of Macomb . ; | ||||||
9 | (74) If if the ordinance was adopted on June 11, 2002 | ||||||
10 | by the City of East Peoria to create the West Washington | ||||||
11 | Street TIF . ; | ||||||
12 | (75) If if the ordinance was adopted on June 11, 2002 | ||||||
13 | by the City of East Peoria to create the Camp Street TIF . ;
| ||||||
14 | (76) If if the ordinance was adopted on August 7, 2000 | ||||||
15 | by the City of Des Plaines . ; | ||||||
16 | (77) If if the ordinance was adopted on December 22, | ||||||
17 | 1986 by the City of Washington to create the Washington | ||||||
18 | Square TIF #2 . ; | ||||||
19 | (78) If if the ordinance was adopted on December 29, | ||||||
20 | 1986 by the City of Morris . ;
| ||||||
21 | (79) If if the ordinance was adopted on July 6, 1998 by | ||||||
22 | the Village of Steeleville . ; | ||||||
23 | (80) If if the ordinance was adopted on December 29, | ||||||
24 | 1986 by the City of Pontiac to create TIF I (the Main St | ||||||
25 | TIF) . ; | ||||||
26 | (81) If if the ordinance was adopted on December 29, |
| |||||||
| |||||||
1 | 1986 by the City of Pontiac to create TIF II (the | ||||||
2 | Interstate TIF) . ; | ||||||
3 | (82) If if the ordinance was adopted on November 6, | ||||||
4 | 2002 by the City of Chicago to create the Madden/Wells TIF | ||||||
5 | District . ; | ||||||
6 | (83) If if the ordinance was adopted on November 4, | ||||||
7 | 1998 by the City of Chicago to create the Roosevelt/Racine | ||||||
8 | TIF District . ; | ||||||
9 | (84) If if the ordinance was adopted on June 10, 1998 | ||||||
10 | by the City of Chicago to create the Stony Island | ||||||
11 | Commercial/Burnside Industrial Corridors TIF District . ; | ||||||
12 | (85) If if the ordinance was adopted on November 29, | ||||||
13 | 1989 by the City of Chicago to create the Englewood Mall | ||||||
14 | TIF District . ; | ||||||
15 | (86) If if the ordinance was adopted on December 27, | ||||||
16 | 1986 by the City of Mendota . ; | ||||||
17 | (87) If if the ordinance was adopted on December 31, | ||||||
18 | 1986 by the Village of Cahokia . ; | ||||||
19 | (88) If if the ordinance was adopted on September 20, | ||||||
20 | 1999 by the City of Belleville . ; | ||||||
21 | (89) If if the ordinance was adopted on December 30, | ||||||
22 | 1986 by the Village of Bellevue to create the Bellevue TIF | ||||||
23 | District 1 . ; | ||||||
24 | (90) If if the ordinance was adopted on December 13, | ||||||
25 | 1993 by the Village of Crete . ; | ||||||
26 | (91) If if the ordinance was adopted on February 12, |
| |||||||
| |||||||
1 | 2001 by the Village of Crete . ; | ||||||
2 | (92) If if the ordinance was adopted on April 23, 2001 | ||||||
3 | by the Village of Crete . ; | ||||||
4 | (93) If if the ordinance was adopted on December 16, | ||||||
5 | 1986 by the City of Champaign . ; | ||||||
6 | (94) If if the ordinance was adopted on December 20, | ||||||
7 | 1986 by the City of Charleston . ; | ||||||
8 | (95) If if the ordinance was adopted on June 6, 1989 by | ||||||
9 | the Village of Romeoville . ; | ||||||
10 | (96) If if the ordinance was adopted on October 14, | ||||||
11 | 1993 and amended on August 2, 2010 by the City of Venice . ; | ||||||
12 | (97) If if the ordinance was adopted on June 1, 1994 by | ||||||
13 | the City of Markham . ; | ||||||
14 | (98) If if the ordinance was adopted on May 19, 1998 by | ||||||
15 | the Village of Bensenville . ; | ||||||
16 | (99) If if the ordinance was adopted on November 12, | ||||||
17 | 1987 by the City of Dixon . ; | ||||||
18 | (100) If if the ordinance was adopted on December 20, | ||||||
19 | 1988 by the Village of Lansing . ; | ||||||
20 | (101) If if the ordinance was adopted on October 27, | ||||||
21 | 1998 by the City of Moline . ; | ||||||
22 | (102) If if the ordinance was adopted on May 21, 1991 | ||||||
23 | by the Village of Glenwood . ; | ||||||
24 | (103) If if the ordinance was adopted on January 28, | ||||||
25 | 1992 by the City of East Peoria . ; | ||||||
26 | (104) If if the ordinance was adopted on December 14, |
| |||||||
| |||||||
1 | 1998 by the City of Carlyle . ; | ||||||
2 | (105) If if the ordinance was adopted on May 17, 2000, | ||||||
3 | as subsequently amended, by the City of Chicago to create | ||||||
4 | the Midwest Redevelopment TIF District . ; | ||||||
5 | (106) If if the ordinance was adopted on September 13, | ||||||
6 | 1989 by the City of Chicago to create the Michigan/Cermak | ||||||
7 | Area TIF District . ; | ||||||
8 | (107) If if the ordinance was adopted on March 30, 1992 | ||||||
9 | by the Village of Ohio . ; | ||||||
10 | (108) If if the ordinance was adopted on July 6, 1998 | ||||||
11 | by the Village of Orangeville . ; | ||||||
12 | (109) If if the ordinance was adopted on December 16, | ||||||
13 | 1997 by the Village of Germantown . ; | ||||||
14 | (110) If if the ordinance was adopted on April 28, 2003 | ||||||
15 | by Gibson City . ; | ||||||
16 | (111) If if the ordinance was adopted on December 18, | ||||||
17 | 1990 by the Village of Washington Park, but only after the | ||||||
18 | Village of Washington Park becomes compliant with the | ||||||
19 | reporting requirements under subsection (d) of Section | ||||||
20 | 11-74.4-5, and after the State Comptroller's certification | ||||||
21 | of such compliance . ; | ||||||
22 | (112) If if the ordinance was adopted on February 28, | ||||||
23 | 2000 by the City of Harvey . ; or | ||||||
24 | (113) If if the ordinance was adopted on January 11, | ||||||
25 | 1991 by the City of Chicago to create the Read/Dunning TIF | ||||||
26 | District . ; |
| |||||||
| |||||||
1 | (114) If if the ordinance was adopted on July 24, 1991 | ||||||
2 | by the City of Chicago to create the Sanitary and Ship | ||||||
3 | Canal TIF District . ; | ||||||
4 | (115) If if the ordinance was adopted on December 4, | ||||||
5 | 2007 by the City of Naperville . ; | ||||||
6 | (116) If if the ordinance was adopted on July 1, 2002 | ||||||
7 | by the Village of Arlington Heights . ; | ||||||
8 | (117) If if the ordinance was adopted on February 11, | ||||||
9 | 1991 by the Village of Machesney Park . ; | ||||||
10 | (118) If if the ordinance was adopted on December 29, | ||||||
11 | 1993 by the City of Ottawa . ; or | ||||||
12 | (119) If if the ordinance was adopted on June 4, 1991 | ||||||
13 | by the Village of Lansing. | ||||||
14 | (120) If (119) if the ordinance was adopted on February | ||||||
15 | 10, 2004 by the Village of Fox Lake . ; | ||||||
16 | (121) If (120) if the ordinance was adopted on December | ||||||
17 | 22, 1992 by the City of Fairfield . ; or | ||||||
18 | (122) If (121) if the ordinance was adopted on February | ||||||
19 | 10, 1992 by the City of Mt. Sterling. | ||||||
20 | (123) If (113) if the ordinance was adopted on March | ||||||
21 | 15, 2004 by the City of Batavia. | ||||||
22 | (124) If (119) if the ordinance was adopted on March | ||||||
23 | 18, 2002 by the Village of Lake Zurich. | ||||||
24 | (d) For redevelopment project areas for which bonds were | ||||||
25 | issued before
July 29, 1991, or for which contracts were | ||||||
26 | entered into before June 1,
1988, in connection with a |
| |||||||
| |||||||
1 | redevelopment project in the area within
the State Sales Tax | ||||||
2 | Boundary, the estimated dates of completion of the
| ||||||
3 | redevelopment project and retirement of obligations to finance | ||||||
4 | redevelopment
project costs (including refunding bonds under | ||||||
5 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
6 | December 31, 2013.
The termination procedures of subsection (b) | ||||||
7 | of Section 11-74.4-8 are not
required for
these redevelopment | ||||||
8 | project areas in 2009 but are required in 2013.
The extension | ||||||
9 | allowed by Public Act 87-1272 shall not apply to real
property | ||||||
10 | tax increment allocation financing under Section 11-74.4-8. | ||||||
11 | (e) Those dates, for purposes of real property tax | ||||||
12 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
13 | only, shall be not more than 35 years
for redevelopment project | ||||||
14 | areas that were adopted on or after December 16,
1986 and for | ||||||
15 | which at least $8 million worth of municipal bonds were | ||||||
16 | authorized
on or after December 19, 1989 but before January 1, | ||||||
17 | 1990; provided that the
municipality elects to extend the life | ||||||
18 | of the redevelopment project area to 35
years by the adoption | ||||||
19 | of an ordinance after at least 14 but not more than 30
days' | ||||||
20 | written notice to the taxing bodies, that would otherwise | ||||||
21 | constitute the
joint review board for the redevelopment project | ||||||
22 | area, before the adoption of
the ordinance. | ||||||
23 | (f) Those dates, for purposes of real property tax | ||||||
24 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
25 | only, shall be not more than 35 years
for redevelopment project | ||||||
26 | areas that were established on or after December 1,
1981 but |
| |||||||
| |||||||
1 | before January 1, 1982 and for which at least $1,500,000 worth | ||||||
2 | of
tax increment revenue bonds were authorized
on or after | ||||||
3 | September 30, 1990 but before July 1, 1991; provided that the
| ||||||
4 | municipality elects to extend the life of the redevelopment | ||||||
5 | project area to 35
years by the adoption of an ordinance after | ||||||
6 | at least 14 but not more than 30
days' written notice to the | ||||||
7 | taxing bodies, that would otherwise constitute the
joint review | ||||||
8 | board for the redevelopment project area, before the adoption | ||||||
9 | of
the ordinance. | ||||||
10 | (g) In consolidating the material relating to completion | ||||||
11 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
12 | it is not the intent of the General Assembly to make any | ||||||
13 | substantive change in the law, except for the extension of the | ||||||
14 | completion dates for the City of Aurora, the Village of Milan,
| ||||||
15 | the City of West Frankfort, the Village of Libertyville, and | ||||||
16 | the Village of Hoffman Estates set forth under items (67),
| ||||||
17 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
18 | (Source: P.A. 97-93, eff. 1-1-12; 97-372, eff. 8-15-11; 97-600, | ||||||
19 | eff. 8-26-11; 97-633, eff. 12-16-11; 97-635, eff. 12-16-11; | ||||||
20 | 97-807, eff. 7-13-12; 97-1114, eff. 8-27-12; 98-109, eff. | ||||||
21 | 7-25-13; 98-135, eff. 8-2-13; 98-230, eff. 8-9-13; 98-463, eff. | ||||||
22 | 8-16-13; 98-614, eff. 12-27-13; 98-667, eff. 6-25-14; 98-889, | ||||||
23 | eff. 8-15-14; 98-893, eff. 8-15-14; 98-1064, eff. 8-26-14; | ||||||
24 | 98-1136, eff. 12-29-14; 98-1153, eff. 1-9-15; 98-1157, eff. | ||||||
25 | 1-9-15; 98-1159, eff. 1-9-15; revised 3-19-15.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
| ||||||
2 | Sec. 11-74.4-4. Municipal powers and duties; redevelopment | ||||||
3 | project
areas. The changes made by this amendatory Act of the | ||||||
4 | 91st General Assembly
do not apply to a municipality that, (i) | ||||||
5 | before the effective date of this
amendatory Act of the 91st | ||||||
6 | General Assembly, has adopted an ordinance or
resolution fixing | ||||||
7 | a time and place for a
public hearing under Section 11-74.4-5 | ||||||
8 | or (ii) before July 1, 1999, has
adopted an ordinance or | ||||||
9 | resolution providing for a feasibility study under
Section | ||||||
10 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||
11 | redevelopment plans and redevelopment projects or designating
| ||||||
12 | redevelopment project areas under this Section, until after | ||||||
13 | that
municipality adopts an ordinance
approving redevelopment | ||||||
14 | plans and redevelopment projects or designating
redevelopment | ||||||
15 | project areas under this Section; thereafter the changes made | ||||||
16 | by
this amendatory Act of the 91st General Assembly apply to | ||||||
17 | the same extent that
they apply to
redevelopment plans and | ||||||
18 | redevelopment projects that were approved and
redevelopment | ||||||
19 | projects that were designated before the effective date of this
| ||||||
20 | amendatory Act of the 91st General Assembly.
| ||||||
21 | A municipality may: | ||||||
22 | (a) By ordinance introduced in the
governing body of the | ||||||
23 | municipality within 14 to 90 days from the completion
of the | ||||||
24 | hearing specified in Section 11-74.4-5
approve redevelopment | ||||||
25 | plans and redevelopment projects, and designate
redevelopment | ||||||
26 | project areas pursuant to notice and hearing required by this
|
| |||||||
| |||||||
1 | Act. No redevelopment project area shall be designated unless a | ||||||
2 | plan and
project are approved
prior to the designation of such | ||||||
3 | area and such area
shall include only those contiguous parcels | ||||||
4 | of real property and
improvements thereon substantially | ||||||
5 | benefited by the proposed redevelopment
project improvements.
| ||||||
6 | Upon adoption of the ordinances, the municipality shall | ||||||
7 | forthwith transmit to
the county clerk of the county or | ||||||
8 | counties within which the redevelopment
project area is located | ||||||
9 | a certified copy of the ordinances, a legal description
of the | ||||||
10 | redevelopment project area, a map of the redevelopment project | ||||||
11 | area,
identification of the year that the county clerk shall | ||||||
12 | use for determining the
total initial equalized assessed value | ||||||
13 | of the redevelopment project area
consistent with subsection | ||||||
14 | (a) of Section 11-74.4-9, and a
list of the parcel or tax | ||||||
15 | identification number of each parcel of property
included in | ||||||
16 | the redevelopment project area.
| ||||||
17 | (b) Make and enter into all contracts with property owners, | ||||||
18 | developers,
tenants, overlapping taxing bodies, and others | ||||||
19 | necessary or incidental to the
implementation and furtherance | ||||||
20 | of its redevelopment plan and project.
Contract provisions | ||||||
21 | concerning loan repayment obligations in contracts
entered | ||||||
22 | into on or after the effective date of this amendatory Act
of
| ||||||
23 | the 93rd
General Assembly shall terminate no later than the | ||||||
24 | last to occur of the
estimated dates of
completion of the
| ||||||
25 | redevelopment project and retirement of the obligations issued | ||||||
26 | to finance
redevelopment
project costs as required by item (3) |
| |||||||
| |||||||
1 | of subsection (n) of Section 11-74.4-3.
Payments received under
| ||||||
2 | contracts entered
into by the
municipality prior to the | ||||||
3 | effective date of this amendatory Act of the 93rd
General
| ||||||
4 | Assembly that are received after the redevelopment project area | ||||||
5 | has been
terminated by
municipal ordinance shall be deposited | ||||||
6 | into a special fund of the municipality
to be used
for other | ||||||
7 | community redevelopment needs within the redevelopment project
| ||||||
8 | area.
| ||||||
9 | (c) Within a redevelopment project area, acquire by | ||||||
10 | purchase, donation,
lease or
eminent domain; own, convey, | ||||||
11 | lease, mortgage or dispose of land
and other property, real or | ||||||
12 | personal, or rights or interests therein, and
grant or acquire | ||||||
13 | licenses, easements and options with respect thereto, all
in | ||||||
14 | the manner and at such price the municipality determines is | ||||||
15 | reasonably
necessary to achieve the objectives of the | ||||||
16 | redevelopment plan and project.
No conveyance, lease, | ||||||
17 | mortgage, disposition of land or other property owned
by a | ||||||
18 | municipality, or
agreement relating to the development of such | ||||||
19 | municipal property
shall be
made except
upon the adoption of an | ||||||
20 | ordinance by the corporate authorities of the
municipality. | ||||||
21 | Furthermore, no conveyance, lease, mortgage, or other
| ||||||
22 | disposition of land owned by a municipality or agreement | ||||||
23 | relating to the
development of such municipal property
shall be | ||||||
24 | made without making public disclosure of the terms of the
| ||||||
25 | disposition and all bids and proposals made in response to the
| ||||||
26 | municipality's request. The procedures for obtaining such bids |
| |||||||
| |||||||
1 | and
proposals shall provide reasonable opportunity for any | ||||||
2 | person to submit
alternative proposals or bids.
| ||||||
3 | (d) Within a redevelopment project area, clear any area by
| ||||||
4 | demolition or removal of any existing buildings and structures.
| ||||||
5 | (e) Within a redevelopment project area, renovate or | ||||||
6 | rehabilitate or
construct any structure or building, as | ||||||
7 | permitted under this Act.
| ||||||
8 | (f) Install, repair, construct, reconstruct or relocate | ||||||
9 | streets, utilities
and site improvements essential to the | ||||||
10 | preparation of the redevelopment
area for use in accordance | ||||||
11 | with a redevelopment plan.
| ||||||
12 | (g) Within a redevelopment project area, fix, charge and | ||||||
13 | collect fees,
rents and charges for the use of any building or | ||||||
14 | property owned or leased
by it or any part thereof, or facility | ||||||
15 | therein.
| ||||||
16 | (h) Accept grants, guarantees and donations of property, | ||||||
17 | labor, or other
things of value from a public or private source | ||||||
18 | for use within a project
redevelopment area.
| ||||||
19 | (i) Acquire and construct public facilities within a | ||||||
20 | redevelopment project
area, as permitted under this Act.
| ||||||
21 | (j) Incur project redevelopment costs and reimburse | ||||||
22 | developers who incur
redevelopment project costs authorized by | ||||||
23 | a redevelopment agreement; provided,
however, that on and
after | ||||||
24 | the effective date of this amendatory
Act of the 91st General | ||||||
25 | Assembly, no municipality shall incur redevelopment
project | ||||||
26 | costs (except for planning costs and any other eligible costs
|
| |||||||
| |||||||
1 | authorized by municipal ordinance or resolution that are | ||||||
2 | subsequently included
in the
redevelopment plan for the area | ||||||
3 | and are incurred by the municipality after the
ordinance or | ||||||
4 | resolution is adopted)
that are
not consistent with the program | ||||||
5 | for
accomplishing the objectives of the
redevelopment plan as | ||||||
6 | included in that plan and approved by the
municipality until | ||||||
7 | the municipality has amended
the redevelopment plan as provided | ||||||
8 | elsewhere in this Act.
| ||||||
9 | (k) Create a commission of not less than 5 or more than 15 | ||||||
10 | persons to
be appointed by the mayor or president of the | ||||||
11 | municipality with the consent
of the majority of the governing | ||||||
12 | board of the municipality. Members of a
commission appointed | ||||||
13 | after the effective date of this amendatory Act of
1987 shall | ||||||
14 | be appointed for initial terms of 1, 2, 3, 4 and 5 years,
| ||||||
15 | respectively, in such numbers as to provide that the terms of | ||||||
16 | not more than
1/3 of all such members shall expire in any one | ||||||
17 | year. Their successors
shall be appointed for a term of 5 | ||||||
18 | years. The commission, subject to
approval of the corporate | ||||||
19 | authorities may exercise the powers enumerated in
this Section. | ||||||
20 | The commission shall also have the power to hold the public
| ||||||
21 | hearings required by this division and make recommendations to | ||||||
22 | the
corporate authorities concerning the adoption of | ||||||
23 | redevelopment plans,
redevelopment projects and designation of | ||||||
24 | redevelopment project areas.
| ||||||
25 | (l) Make payment in lieu of taxes or a portion thereof to | ||||||
26 | taxing districts.
If payments in lieu of taxes or a portion |
| |||||||
| |||||||
1 | thereof are made to taxing districts,
those payments shall be | ||||||
2 | made to all districts within a project redevelopment
area on a | ||||||
3 | basis which is proportional to the current collections of | ||||||
4 | revenue
which each taxing district receives from real property | ||||||
5 | in the redevelopment
project area.
| ||||||
6 | (m) Exercise any and all other powers necessary to | ||||||
7 | effectuate the purposes
of this Act.
| ||||||
8 | (n) If any member of the corporate authority, a member of a | ||||||
9 | commission
established pursuant to Section 11-74.4-4(k) of | ||||||
10 | this Act, or an employee
or consultant of the municipality | ||||||
11 | involved in the planning and preparation
of a redevelopment | ||||||
12 | plan, or project for a redevelopment project area or
proposed | ||||||
13 | redevelopment project area, as defined in Sections | ||||||
14 | 11-74.4-3(i)
through (k) of this Act, owns or controls an | ||||||
15 | interest, direct or indirect,
in any property included in any | ||||||
16 | redevelopment area, or proposed
redevelopment area, he or she | ||||||
17 | shall disclose the same in writing to the
clerk of the | ||||||
18 | municipality, and shall also so disclose the dates and terms
| ||||||
19 | and conditions of any disposition of any such interest, which | ||||||
20 | disclosures
shall be acknowledged by the corporate authorities | ||||||
21 | and entered upon the
minute books of the corporate authorities. | ||||||
22 | If an individual
holds such an interest then that individual | ||||||
23 | shall refrain from any further
official involvement in regard | ||||||
24 | to such redevelopment plan, project or area,
from voting on any | ||||||
25 | matter pertaining to such redevelopment plan, project
or area, | ||||||
26 | or communicating with other members concerning corporate |
| |||||||
| |||||||
1 | authorities,
commission or employees concerning any matter | ||||||
2 | pertaining to said redevelopment
plan, project or area. | ||||||
3 | Furthermore, no such member or employee shall acquire
of any | ||||||
4 | interest direct, or indirect, in any property in a | ||||||
5 | redevelopment
area or proposed redevelopment area after either | ||||||
6 | (a) such individual obtains
knowledge of such plan, project or | ||||||
7 | area or (b) first public notice of such
plan, project or area | ||||||
8 | pursuant to Section 11-74.4-6 of this Division, whichever
| ||||||
9 | occurs first.
For the
purposes of this subsection, a property | ||||||
10 | interest
acquired in a
single parcel of property by a member of | ||||||
11 | the corporate authority, which
property
is used
exclusively as | ||||||
12 | the member's primary residence, shall not be deemed to
| ||||||
13 | constitute an
interest in any property included in a | ||||||
14 | redevelopment area or proposed
redevelopment area
that was | ||||||
15 | established before December 31, 1989, but the member must | ||||||
16 | disclose the
acquisition to the municipal clerk under the | ||||||
17 | provisions of this subsection.
A single property interest
| ||||||
18 | acquired within one year after the effective date of this | ||||||
19 | amendatory Act of the 94th General Assembly or 2 years after | ||||||
20 | the effective date of this amendatory Act of the 95th General | ||||||
21 | Assembly by a member of the corporate authority does not
| ||||||
22 | constitute an
interest in any property included in any | ||||||
23 | redevelopment area or proposed
redevelopment area, regardless | ||||||
24 | of when the redevelopment area was established, if (i) the
| ||||||
25 | property
is used
exclusively as the member's primary residence, | ||||||
26 | (ii) the member discloses the acquisition to the municipal |
| |||||||
| |||||||
1 | clerk under the provisions of this subsection, (iii) the | ||||||
2 | acquisition is for fair market value, (iv) the member acquires | ||||||
3 | the property as a result of the property being publicly | ||||||
4 | advertised for sale, and (v) the member refrains from voting | ||||||
5 | on, and communicating with other members concerning, any matter | ||||||
6 | when the benefits to the redevelopment project or area would be | ||||||
7 | significantly greater than the benefits to the municipality as | ||||||
8 | a whole. For the purposes of this subsection, a month-to-month | ||||||
9 | leasehold interest
in a single parcel of property by a member | ||||||
10 | of the corporate authority
shall not be deemed to constitute an | ||||||
11 | interest in any property included in any
redevelopment area or | ||||||
12 | proposed redevelopment area, but the member must disclose
the | ||||||
13 | interest to the municipal clerk under the provisions of this | ||||||
14 | subsection.
| ||||||
15 | (o) Create a Tax Increment Economic Development Advisory | ||||||
16 | Committee to
be appointed by the Mayor or President of the | ||||||
17 | municipality with the consent
of the majority of the governing | ||||||
18 | board of the municipality, the members of
which Committee shall | ||||||
19 | be appointed for initial terms of 1, 2, 3, 4 and 5
years | ||||||
20 | respectively, in such numbers as to provide that the terms of | ||||||
21 | not
more than 1/3 of all such members shall expire in any one | ||||||
22 | year. Their
successors shall be appointed for a term of 5 | ||||||
23 | years. The Committee shall
have none of the powers enumerated | ||||||
24 | in this Section. The Committee shall
serve in an advisory | ||||||
25 | capacity only. The Committee may advise the governing
Board of | ||||||
26 | the municipality and other municipal officials regarding
|
| |||||||
| |||||||
1 | development issues and opportunities within the redevelopment | ||||||
2 | project area
or the area within the State Sales Tax Boundary. | ||||||
3 | The Committee may also
promote and publicize development | ||||||
4 | opportunities in the redevelopment
project area or the area | ||||||
5 | within the State Sales Tax Boundary.
| ||||||
6 | (p) Municipalities may jointly undertake and perform | ||||||
7 | redevelopment plans
and projects and utilize the provisions of | ||||||
8 | the Act wherever they have
contiguous redevelopment project | ||||||
9 | areas or they determine to adopt tax
increment financing with | ||||||
10 | respect to a redevelopment project area which
includes | ||||||
11 | contiguous real property within the boundaries of the
| ||||||
12 | municipalities, and in doing so, they may, by agreement between
| ||||||
13 | municipalities, issue obligations, separately or jointly, and | ||||||
14 | expend
revenues received under the Act for eligible expenses | ||||||
15 | anywhere within
contiguous redevelopment project areas or as | ||||||
16 | otherwise permitted in the Act. With respect to redevelopment | ||||||
17 | project areas that are established within a transit facility | ||||||
18 | improvement area, the provisions of this subsection apply only | ||||||
19 | with respect to such redevelopment project areas that are | ||||||
20 | contiguous to each other.
| ||||||
21 | (q) Utilize revenues, other than State sales tax increment | ||||||
22 | revenues,
received under this Act from one redevelopment | ||||||
23 | project area for
eligible
costs in another redevelopment | ||||||
24 | project area that is:
| ||||||
25 | (i) contiguous to the redevelopment project area from | ||||||
26 | which the revenues are received; |
| |||||||
| |||||||
1 | (ii) separated only by a public right of way from the | ||||||
2 | redevelopment project area from which the revenues are | ||||||
3 | received; or | ||||||
4 | (iii) separated only by forest preserve property from | ||||||
5 | the redevelopment project
area from which the revenues are | ||||||
6 | received if the closest boundaries of the redevelopment | ||||||
7 | project areas that are separated by the forest preserve | ||||||
8 | property are less than one mile apart.
| ||||||
9 | Utilize tax increment revenues for eligible costs that are | ||||||
10 | received from a
redevelopment project area created under the | ||||||
11 | Industrial Jobs Recovery Law that
is either contiguous to, or | ||||||
12 | is separated only by a public right of way from,
the | ||||||
13 | redevelopment project area created under this Act which | ||||||
14 | initially receives
these revenues. Utilize revenues, other | ||||||
15 | than State sales tax increment
revenues, by transferring or | ||||||
16 | loaning such revenues to a redevelopment project
area created | ||||||
17 | under the Industrial Jobs Recovery Law that is either | ||||||
18 | contiguous
to, or separated only by a public right of way from | ||||||
19 | the redevelopment project
area that initially produced and | ||||||
20 | received those revenues; and, if the
redevelopment
project area | ||||||
21 | (i) was established before the effective date of this | ||||||
22 | amendatory
Act of the 91st General Assembly and (ii) is located | ||||||
23 | within a municipality with
a population of more than 100,000,
| ||||||
24 | utilize revenues or proceeds of obligations authorized by | ||||||
25 | Section 11-74.4-7 of
this
Act, other than use or occupation tax | ||||||
26 | revenues, to pay for any redevelopment
project costs as defined |
| |||||||
| |||||||
1 | by subsection (q) of Section 11-74.4-3 to the extent
that the | ||||||
2 | redevelopment project costs involve public property that is | ||||||
3 | either
contiguous to, or separated only by a public right of | ||||||
4 | way from, a redevelopment
project area whether or not | ||||||
5 | redevelopment project costs or the source of
payment for the | ||||||
6 | costs are specifically set forth in the redevelopment plan for
| ||||||
7 | the redevelopment project area.
| ||||||
8 | (r) If no redevelopment project has been initiated in a
| ||||||
9 | redevelopment
project area within 7 years after the area was | ||||||
10 | designated by ordinance under
subsection (a), the municipality | ||||||
11 | shall adopt an ordinance repealing the area's
designation as a | ||||||
12 | redevelopment project area; provided, however, that if an area
| ||||||
13 | received its
designation more than 3 years before the effective | ||||||
14 | date of this amendatory Act
of 1994 and no redevelopment | ||||||
15 | project has been initiated
within 4 years after the effective | ||||||
16 | date of this amendatory Act of 1994, the
municipality shall | ||||||
17 | adopt an ordinance repealing its designation as a
redevelopment | ||||||
18 | project area. Initiation of a redevelopment project shall be
| ||||||
19 | evidenced by either a signed redevelopment agreement or | ||||||
20 | expenditures on
eligible redevelopment project costs | ||||||
21 | associated with a redevelopment project. | ||||||
22 | Notwithstanding any other provision of this Section to the | ||||||
23 | contrary, with respect to a redevelopment project area | ||||||
24 | designated by an ordinance that was adopted on July 29, 1998 by | ||||||
25 | the City of Chicago, the City of Chicago shall adopt an | ||||||
26 | ordinance repealing the area's designation as a redevelopment |
| |||||||
| |||||||
1 | project area if no redevelopment project has been initiated in | ||||||
2 | the redevelopment project area within 15 years after the | ||||||
3 | designation of the area. The City of Chicago may retroactively | ||||||
4 | repeal any ordinance adopted by the City of Chicago, pursuant | ||||||
5 | to this subsection (r), that repealed the designation of a | ||||||
6 | redevelopment project area designated by an ordinance that was | ||||||
7 | adopted by the City of Chicago on July 29, 1998. The City of | ||||||
8 | Chicago has 90 days after the effective date of this amendatory | ||||||
9 | Act to repeal the ordinance. The changes to this Section made | ||||||
10 | by this amendatory Act of the 96th General Assembly apply | ||||||
11 | retroactively to July 27, 2005.
| ||||||
12 | (Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
| ||||||
13 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
14 | Sec. 11-74.4-8. Tax increment allocation financing. A | ||||||
15 | municipality may
not adopt tax increment financing in a
| ||||||
16 | redevelopment
project area after the effective date of this | ||||||
17 | amendatory Act of 1997 that will
encompass an area that is | ||||||
18 | currently included in an enterprise zone created
under the | ||||||
19 | Illinois Enterprise Zone Act unless that municipality, | ||||||
20 | pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | ||||||
21 | amends the enterprise zone
designating ordinance to limit the | ||||||
22 | eligibility for tax abatements as provided
in Section 5.4.1 of | ||||||
23 | the Illinois Enterprise Zone Act.
A municipality, at the time a | ||||||
24 | redevelopment project area
is designated, may adopt tax | ||||||
25 | increment allocation financing by passing an
ordinance |
| |||||||
| |||||||
1 | providing that the ad valorem taxes, if any, arising from the
| ||||||
2 | levies upon taxable real property in such redevelopment project
| ||||||
3 | area by taxing districts and tax rates determined in the manner | ||||||
4 | provided
in paragraph (c) of Section 11-74.4-9 each year after | ||||||
5 | the effective
date of the ordinance until redevelopment project | ||||||
6 | costs and all municipal
obligations financing redevelopment | ||||||
7 | project costs incurred under this Division
have been paid shall | ||||||
8 | be divided as follows , provided, however, that with respect to | ||||||
9 | any redevelopment project area located within a transit | ||||||
10 | facility improvement area established pursuant to Section | ||||||
11 | 11-74.4-3.3 in a municipality with a population of 1,000,000 or | ||||||
12 | more, ad valorem taxes, if any, arising from the levies upon | ||||||
13 | taxable real property in such redevelopment project area shall | ||||||
14 | be allocated as specifically provided in this Section :
| ||||||
15 | (a) That portion of taxes levied upon each taxable lot, | ||||||
16 | block, tract or
parcel of real property which is attributable | ||||||
17 | to the lower of the current
equalized assessed value or the | ||||||
18 | initial equalized assessed
value of each such taxable lot, | ||||||
19 | block, tract or parcel of real property
in the redevelopment | ||||||
20 | project area shall be allocated to and when collected
shall be | ||||||
21 | paid by the county collector to the respective affected taxing
| ||||||
22 | districts in the manner required by law in the absence of the | ||||||
23 | adoption of
tax increment allocation financing.
| ||||||
24 | (b) Except from a tax levied by a township to retire bonds | ||||||
25 | issued to satisfy
court-ordered damages, that portion, if any, | ||||||
26 | of such taxes which is
attributable to the
increase in the |
| |||||||
| |||||||
1 | current equalized assessed valuation of each taxable lot,
| ||||||
2 | block, tract or parcel of real property in the redevelopment | ||||||
3 | project area
over and above the initial equalized assessed | ||||||
4 | value of each property in the
project area shall be allocated | ||||||
5 | to and when collected shall be paid to the
municipal treasurer | ||||||
6 | who shall deposit said taxes into a special fund called
the | ||||||
7 | special tax allocation fund of the municipality for the purpose | ||||||
8 | of
paying redevelopment project costs and obligations incurred | ||||||
9 | in the payment
thereof. In any county with a population of | ||||||
10 | 3,000,000 or more that has adopted
a procedure for collecting | ||||||
11 | taxes that provides for one or more of the
installments of the | ||||||
12 | taxes to be billed and collected on an estimated basis,
the | ||||||
13 | municipal treasurer shall be paid for deposit in the special | ||||||
14 | tax
allocation fund of the municipality, from the taxes | ||||||
15 | collected from
estimated bills issued for property in the | ||||||
16 | redevelopment project area, the
difference between the amount | ||||||
17 | actually collected from each taxable lot,
block, tract, or | ||||||
18 | parcel of real property within the redevelopment project
area | ||||||
19 | and an amount determined by multiplying the rate at which taxes | ||||||
20 | were
last extended against the taxable lot, block, track, or | ||||||
21 | parcel of real
property in the manner provided in subsection | ||||||
22 | (c) of Section 11-74.4-9 by
the initial equalized assessed | ||||||
23 | value of the property divided by the number
of installments in | ||||||
24 | which real estate taxes are billed and collected within
the | ||||||
25 | county; provided that the payments on or before December 31,
| ||||||
26 | 1999 to a municipal treasurer shall be made only if each of the |
| |||||||
| |||||||
1 | following
conditions are met:
| ||||||
2 | (1) The total equalized assessed value of the | ||||||
3 | redevelopment project
area as last determined was not less | ||||||
4 | than 175% of the total initial
equalized assessed value.
| ||||||
5 | (2) Not more than 50% of the total equalized assessed | ||||||
6 | value of the
redevelopment project area as last determined | ||||||
7 | is attributable to a piece of
property assigned a single | ||||||
8 | real estate index number.
| ||||||
9 | (3) The municipal clerk has certified to the county | ||||||
10 | clerk that the
municipality has issued its obligations to | ||||||
11 | which there has been pledged
the incremental property taxes | ||||||
12 | of the redevelopment project area or taxes
levied and | ||||||
13 | collected on any or all property in the municipality or
the | ||||||
14 | full faith and credit of the municipality to pay or secure | ||||||
15 | payment for
all or a portion of the redevelopment project | ||||||
16 | costs. The certification
shall be filed annually no later | ||||||
17 | than September 1 for the estimated taxes
to be distributed | ||||||
18 | in the following year; however, for the year 1992 the
| ||||||
19 | certification shall be made at any time on or before March | ||||||
20 | 31, 1992.
| ||||||
21 | (4) The municipality has not requested that the total | ||||||
22 | initial
equalized assessed value of real property be | ||||||
23 | adjusted as provided in
subsection (b) of Section | ||||||
24 | 11-74.4-9.
| ||||||
25 | The conditions of paragraphs (1) through (4) do not apply | ||||||
26 | after December
31, 1999 to payments to a municipal treasurer
|
| |||||||
| |||||||
1 | made by a county with 3,000,000 or more inhabitants that has | ||||||
2 | adopted an
estimated billing procedure for collecting taxes.
If | ||||||
3 | a county that has adopted the estimated billing
procedure makes | ||||||
4 | an erroneous overpayment of tax revenue to the municipal
| ||||||
5 | treasurer, then the county may seek a refund of that | ||||||
6 | overpayment.
The county shall send the municipal treasurer a | ||||||
7 | notice of liability for the
overpayment on or before the | ||||||
8 | mailing date of the next real estate tax bill
within the | ||||||
9 | county. The refund shall be limited to the amount of the
| ||||||
10 | overpayment.
| ||||||
11 | It is the intent of this Division that after the effective | ||||||
12 | date of this
amendatory Act of 1988 a municipality's own ad | ||||||
13 | valorem
tax arising from levies on taxable real property be | ||||||
14 | included in the
determination of incremental revenue in the | ||||||
15 | manner provided in paragraph
(c) of Section 11-74.4-9. If the | ||||||
16 | municipality does not extend such a tax,
it shall annually | ||||||
17 | deposit in the municipality's Special Tax Increment Fund
an | ||||||
18 | amount equal to 10% of the total contributions to the fund from | ||||||
19 | all
other taxing districts in that year. The annual 10% deposit | ||||||
20 | required by
this paragraph shall be limited to the actual | ||||||
21 | amount of municipally
produced incremental tax revenues | ||||||
22 | available to the municipality from
taxpayers located in the | ||||||
23 | redevelopment project area in that year if:
(a) the plan for | ||||||
24 | the area restricts the use of the property primarily to
| ||||||
25 | industrial purposes, (b) the municipality establishing the | ||||||
26 | redevelopment
project area is a home-rule community with a 1990 |
| |||||||
| |||||||
1 | population of between
25,000 and 50,000, (c) the municipality | ||||||
2 | is wholly located within a county
with a 1990 population of | ||||||
3 | over 750,000 and (d) the redevelopment project
area was | ||||||
4 | established by the municipality prior to June 1, 1990. This
| ||||||
5 | payment shall be in lieu of a contribution of ad valorem taxes | ||||||
6 | on real
property. If no such payment is made, any redevelopment | ||||||
7 | project area of the
municipality shall be dissolved.
| ||||||
8 | If a municipality has adopted tax increment allocation | ||||||
9 | financing by ordinance
and the County Clerk thereafter | ||||||
10 | certifies the "total initial equalized assessed
value as | ||||||
11 | adjusted" of the taxable real property within such | ||||||
12 | redevelopment
project area in the manner provided in paragraph | ||||||
13 | (b) of Section 11-74.4-9,
each year after the date of the | ||||||
14 | certification of the total initial equalized
assessed value as | ||||||
15 | adjusted until redevelopment project costs and all
municipal | ||||||
16 | obligations financing redevelopment project costs have been | ||||||
17 | paid
the ad valorem taxes, if any, arising from the levies upon | ||||||
18 | the taxable real
property in such redevelopment project area by | ||||||
19 | taxing districts and tax
rates determined in the manner | ||||||
20 | provided in paragraph (c) of Section
11-74.4-9 shall be divided | ||||||
21 | as follows , provided, however, that with respect to any | ||||||
22 | redevelopment project area located within a transit facility | ||||||
23 | improvement area established pursuant to Section 11-74.4-3.3 | ||||||
24 | in a municipality with a population of 1,000,000 or more, ad | ||||||
25 | valorem taxes, if any, arising from the levies upon the taxable | ||||||
26 | real property in such redevelopment project area shall be |
| |||||||
| |||||||
1 | allocated as specifically provided in this Section :
| ||||||
2 | (1) That portion of the taxes levied upon each taxable | ||||||
3 | lot, block, tract
or parcel of real property which is | ||||||
4 | attributable to the lower of the
current equalized assessed | ||||||
5 | value or "current equalized assessed value as
adjusted" or | ||||||
6 | the initial equalized assessed value of each such taxable | ||||||
7 | lot,
block, tract, or parcel of real property existing at | ||||||
8 | the time tax increment
financing was adopted, minus the | ||||||
9 | total current homestead exemptions under Article 15 of the | ||||||
10 | Property
Tax Code in the
redevelopment project area shall | ||||||
11 | be allocated to and when collected shall be
paid by the | ||||||
12 | county collector to the respective affected taxing | ||||||
13 | districts in the
manner required by law in the absence of | ||||||
14 | the adoption of tax increment
allocation financing.
| ||||||
15 | (2) That portion, if any, of such taxes which is | ||||||
16 | attributable to the
increase in the current equalized | ||||||
17 | assessed valuation of each taxable lot,
block, tract, or | ||||||
18 | parcel of real property in the redevelopment project area,
| ||||||
19 | over and above the initial equalized assessed value of each | ||||||
20 | property
existing at the time tax increment financing was | ||||||
21 | adopted, minus the total
current homestead exemptions | ||||||
22 | pertaining to each piece of property provided
by Article 15 | ||||||
23 | of the Property Tax Code
in the redevelopment
project area, | ||||||
24 | shall be allocated to and when collected shall be paid to | ||||||
25 | the
municipal Treasurer, who shall deposit said taxes into | ||||||
26 | a special fund called
the special tax allocation fund of |
| |||||||
| |||||||
1 | the municipality for the purpose of paying
redevelopment | ||||||
2 | project costs and obligations incurred in the payment | ||||||
3 | thereof.
| ||||||
4 | The municipality may pledge in the ordinance the funds in | ||||||
5 | and to be
deposited in the special tax allocation fund for the | ||||||
6 | payment of such costs
and obligations. No part of the current | ||||||
7 | equalized assessed valuation of
each property in the | ||||||
8 | redevelopment project area attributable to any
increase above | ||||||
9 | the total initial equalized assessed value, or the total
| ||||||
10 | initial equalized assessed value as adjusted, of such | ||||||
11 | properties shall be
used in calculating the general State | ||||||
12 | school aid formula, provided for in
Section 18-8 of the School | ||||||
13 | Code, until such time as all redevelopment
project costs have | ||||||
14 | been paid as provided for in this Section.
| ||||||
15 | Whenever a municipality issues bonds for the purpose of | ||||||
16 | financing
redevelopment project costs, such municipality may | ||||||
17 | provide by ordinance for the
appointment of a trustee, which | ||||||
18 | may be any trust company within the State,
and for the | ||||||
19 | establishment of such funds or accounts to be maintained by
| ||||||
20 | such trustee as the municipality shall deem necessary to | ||||||
21 | provide for the
security and payment of the bonds. If such | ||||||
22 | municipality provides for
the appointment of a trustee, such | ||||||
23 | trustee shall be considered the assignee
of any payments | ||||||
24 | assigned by the municipality pursuant to such ordinance
and | ||||||
25 | this Section. Any amounts paid to such trustee as assignee | ||||||
26 | shall be
deposited in the funds or accounts established |
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| |||||||
1 | pursuant to such trust
agreement, and shall be held by such | ||||||
2 | trustee in trust for the benefit of the
holders of the bonds, | ||||||
3 | and such holders shall have a lien on and a security
interest | ||||||
4 | in such funds or accounts so long as the bonds remain | ||||||
5 | outstanding and
unpaid. Upon retirement of the bonds, the | ||||||
6 | trustee shall pay over any excess
amounts held to the | ||||||
7 | municipality for deposit in the special tax allocation
fund.
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8 | When such redevelopment projects costs, including without | ||||||
9 | limitation all
municipal obligations financing redevelopment | ||||||
10 | project costs incurred under
this Division, have been paid, all | ||||||
11 | surplus funds then remaining in the
special tax allocation fund | ||||||
12 | shall be distributed
by being paid by the
municipal treasurer | ||||||
13 | to the Department of Revenue, the municipality and the
county | ||||||
14 | collector; first to the Department of Revenue and the | ||||||
15 | municipality
in direct proportion to the tax incremental | ||||||
16 | revenue received from the State
and the municipality, but not | ||||||
17 | to exceed the total incremental revenue received
from the State | ||||||
18 | or the municipality less any annual surplus distribution
of | ||||||
19 | incremental revenue previously made; with any remaining funds | ||||||
20 | to be paid
to the County Collector who shall immediately | ||||||
21 | thereafter pay said funds to
the taxing districts in the | ||||||
22 | redevelopment project area in the same manner
and proportion as | ||||||
23 | the most recent distribution by the county collector to
the | ||||||
24 | affected districts of real property taxes from real property in | ||||||
25 | the
redevelopment project area.
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26 | Upon the payment of all redevelopment project costs, the |
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| |||||||
1 | retirement of
obligations, the distribution of any excess | ||||||
2 | monies pursuant to this
Section, and final closing of the books | ||||||
3 | and records of the redevelopment
project
area, the municipality | ||||||
4 | shall adopt an ordinance dissolving the special
tax allocation | ||||||
5 | fund for the redevelopment project area and terminating the
| ||||||
6 | designation of the redevelopment project area as a | ||||||
7 | redevelopment project
area.
Title to real or personal property | ||||||
8 | and public improvements
acquired
by or for
the
municipality as | ||||||
9 | a result of the redevelopment project and plan shall vest in
| ||||||
10 | the
municipality when acquired and shall continue to be held by | ||||||
11 | the municipality
after the redevelopment project area has been | ||||||
12 | terminated.
Municipalities shall notify affected taxing | ||||||
13 | districts prior to
November 1 if the redevelopment project area | ||||||
14 | is to be terminated by December 31
of
that same year. If a | ||||||
15 | municipality extends estimated dates of completion of a
| ||||||
16 | redevelopment project and retirement of obligations to finance | ||||||
17 | a
redevelopment project, as allowed by this amendatory Act of | ||||||
18 | 1993, that
extension shall not extend the property tax | ||||||
19 | increment allocation financing
authorized by this Section. | ||||||
20 | Thereafter the rates of the taxing districts
shall be extended | ||||||
21 | and taxes levied, collected and distributed in the manner
| ||||||
22 | applicable in the absence of the adoption of tax increment | ||||||
23 | allocation
financing.
| ||||||
24 | If a municipality with a population of 1,000,000 or more | ||||||
25 | has adopted by ordinance tax increment allocation financing for | ||||||
26 | a redevelopment project area located in a transit facility |
| |||||||
| |||||||
1 | improvement area established pursuant to Section 11-74.4-3.3, | ||||||
2 | for each year after the effective date of the ordinance until | ||||||
3 | redevelopment project costs and all municipal obligations | ||||||
4 | financing redevelopment project costs have been paid, the ad | ||||||
5 | valorem taxes, if any, arising from the levies upon the taxable | ||||||
6 | real property in that redevelopment project area by taxing | ||||||
7 | districts and tax rates determined in the manner provided in | ||||||
8 | paragraph (c) of Section 11-74.4-9 shall be divided as follows: | ||||||
9 | (1) That portion of the taxes levied upon each taxable | ||||||
10 | lot, block, tract or parcel of real property which is | ||||||
11 | attributable to the lower of (i) the current equalized | ||||||
12 | assessed value or "current equalized assessed value as | ||||||
13 | adjusted" or (ii) the initial equalized assessed value of | ||||||
14 | each such taxable lot, block, tract, or parcel of real | ||||||
15 | property existing at the time tax increment financing was | ||||||
16 | adopted, minus the total current homestead exemptions | ||||||
17 | under Article 15 of the Property Tax Code in the | ||||||
18 | redevelopment project area shall be allocated to and when | ||||||
19 | collected shall be paid by the county collector to the | ||||||
20 | respective affected taxing districts in the manner | ||||||
21 | required by law in the absence of the adoption of tax | ||||||
22 | increment allocation financing. | ||||||
23 | (2) That portion, if any, of such taxes which is | ||||||
24 | attributable to the increase in the current equalized | ||||||
25 | assessed valuation of each taxable lot, block, tract, or | ||||||
26 | parcel of real property in the redevelopment project area, |
| |||||||
| |||||||
1 | over and above the initial equalized assessed value of each | ||||||
2 | property existing at the time tax increment financing was | ||||||
3 | adopted, minus the total current homestead exemptions | ||||||
4 | pertaining to each piece of property provided by Article 15 | ||||||
5 | of the Property Tax Code in the redevelopment project area, | ||||||
6 | shall be allocated to and when collected shall be paid by | ||||||
7 | the county collector as follows: | ||||||
8 | (A) First, that portion which would be payable to a | ||||||
9 | school district whose boundaries are coterminous with | ||||||
10 | such municipality in the absence of the adoption of tax | ||||||
11 | increment allocation financing, shall be paid to such | ||||||
12 | school district in the manner required by law in the | ||||||
13 | absence of the adoption of tax increment allocation | ||||||
14 | financing; then | ||||||
15 | (B) 80% of the remaining portion shall be paid to | ||||||
16 | the municipal Treasurer, who shall deposit said taxes | ||||||
17 | into a special fund called the special tax allocation | ||||||
18 | fund of the municipality for the purpose of paying | ||||||
19 | redevelopment project costs and obligations incurred | ||||||
20 | in the payment thereof; and then | ||||||
21 | (C) 20% of the remaining portion shall be paid to | ||||||
22 | the respective affected taxing districts, other than | ||||||
23 | the school district described in clause (a) above, in | ||||||
24 | the manner required by law in the absence of the | ||||||
25 | adoption of tax increment allocation financing. | ||||||
26 | Nothing in this Section shall be construed as relieving |
| |||||||
| |||||||
1 | property in such
redevelopment project areas from being | ||||||
2 | assessed as provided in the Property
Tax Code or as relieving | ||||||
3 | owners of such property from paying a uniform rate of
taxes, as | ||||||
4 | required by Section 4 of Article IX of the Illinois | ||||||
5 | Constitution.
| ||||||
6 | (Source: P.A. 98-463, eff. 8-16-13.)".
|