Bill Amendment: IL SB1391 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TIF/REDEVELOPMENT PROJECT AREA
Status: 2024-03-22 - Added as Co-Sponsor Sen. Laura Ellman [SB1391 Detail]
Download: Illinois-2023-SB1391-Senate_Amendment_002.html
Bill Title: TIF/REDEVELOPMENT PROJECT AREA
Status: 2024-03-22 - Added as Co-Sponsor Sen. Laura Ellman [SB1391 Detail]
Download: Illinois-2023-SB1391-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 1391
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2 | AMENDMENT NO. ______. Amend Senate Bill 1391 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, 11-74.4-5, | ||||||
6 | 11-74.4-7, and 11-74.4-8 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 | ||||||
20 | extensive
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 | ||||||
26 | in
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 | ||||||
10 | and 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 | ||||||
26 | land coverage
are: (i) the presence of buildings |
| |||||||
| |||||||
1 | either improperly situated on parcels or
located
on | ||||||
2 | parcels of inadequate size and shape in relation to | ||||||
3 | present-day standards of
development for health and | ||||||
4 | safety and (ii) the presence of multiple buildings
on | ||||||
5 | a
single parcel. For there to be a finding of excessive | ||||||
6 | land coverage,
these parcels must exhibit one or more | ||||||
7 | of the following conditions:
insufficient provision | ||||||
8 | for
light and air within or around buildings, | ||||||
9 | increased threat of spread of fire
due to the close | ||||||
10 | proximity of buildings, lack of adequate or proper | ||||||
11 | access to a
public right-of-way, lack of reasonably | ||||||
12 | required off-street parking, or
inadequate provision | ||||||
13 | for loading and service.
| ||||||
14 | (J) Deleterious land use or layout. The existence | ||||||
15 | of incompatible
land-use
relationships, buildings | ||||||
16 | occupied by inappropriate mixed-uses, or uses
| ||||||
17 | considered to be noxious, offensive, or unsuitable for | ||||||
18 | the
surrounding area.
| ||||||
19 | (K) Environmental clean-up. The proposed | ||||||
20 | redevelopment project area
has incurred Illinois | ||||||
21 | Environmental Protection Agency or United States
| ||||||
22 | Environmental Protection Agency remediation costs for, | ||||||
23 | or a study conducted by
an independent consultant | ||||||
24 | recognized as having expertise in environmental
| ||||||
25 | remediation has determined a need for, the
clean-up of | ||||||
26 | hazardous
waste, hazardous substances, or underground |
| |||||||
| |||||||
1 | storage tanks required by State or
federal law, | ||||||
2 | provided that the remediation costs constitute a | ||||||
3 | material
impediment to the development or | ||||||
4 | redevelopment of the redevelopment project
area.
| ||||||
5 | (L) Lack of community planning. The proposed | ||||||
6 | redevelopment project area
was
developed prior to or | ||||||
7 | without the benefit or guidance of a community plan.
| ||||||
8 | This means that the development occurred prior to the | ||||||
9 | adoption by the
municipality of a comprehensive or | ||||||
10 | other community plan or that the plan was
not followed | ||||||
11 | at the time of the area's development. This factor | ||||||
12 | must be
documented by evidence of adverse or | ||||||
13 | incompatible land-use relationships,
inadequate street | ||||||
14 | layout, improper subdivision, parcels of inadequate | ||||||
15 | shape and
size to meet contemporary development | ||||||
16 | standards, or other evidence
demonstrating
an absence | ||||||
17 | of effective community planning.
| ||||||
18 | (M) The total equalized assessed value of the | ||||||
19 | proposed redevelopment
project area has declined for 3 | ||||||
20 | of the last 5 calendar years
prior to the year in which | ||||||
21 | the redevelopment project area is designated
or is | ||||||
22 | increasing at an
annual rate that is less
than the | ||||||
23 | balance of the municipality for 3 of the last 5 | ||||||
24 | calendar years
for which
information is available or | ||||||
25 | is increasing at an annual rate that is less than
the | ||||||
26 | Consumer Price Index
for All Urban Consumers published |
| |||||||
| |||||||
1 | by the United States Department of Labor or
successor | ||||||
2 | agency for 3 of the last 5 calendar years
prior to the | ||||||
3 | year in which the redevelopment project area is | ||||||
4 | designated.
| ||||||
5 | (2) If vacant, the sound growth of the redevelopment | ||||||
6 | project area
is impaired by a
combination of 2 or more of | ||||||
7 | the following factors, each of which
is (i) present, with | ||||||
8 | that presence documented, to a meaningful extent so
that
a | ||||||
9 | municipality may reasonably find that the factor is | ||||||
10 | clearly present
within the intent of the Act and (ii) | ||||||
11 | reasonably distributed throughout the
vacant part of the
| ||||||
12 | redevelopment project area to which it pertains:
| ||||||
13 | (A) Obsolete platting of vacant land that results | ||||||
14 | in parcels of
limited or
narrow size or configurations | ||||||
15 | of parcels of irregular size or shape that would
be | ||||||
16 | difficult to develop on
a planned basis and in a manner | ||||||
17 | compatible with contemporary standards and
| ||||||
18 | requirements, or platting that failed to create | ||||||
19 | rights-of-ways for streets or
alleys or that created | ||||||
20 | inadequate right-of-way widths for streets, alleys, or
| ||||||
21 | other public rights-of-way or that omitted easements | ||||||
22 | for public utilities.
| ||||||
23 | (B) Diversity of ownership of parcels of vacant | ||||||
24 | land sufficient in
number to
retard or impede the | ||||||
25 | ability to assemble the land for development.
| ||||||
26 | (C) Tax and special assessment delinquencies exist |
| |||||||
| |||||||
1 | or the property has
been the subject of tax sales under | ||||||
2 | the Property Tax Code within the last 5
years.
| ||||||
3 | (D) Deterioration of structures or site | ||||||
4 | improvements in neighboring
areas adjacent to the | ||||||
5 | vacant land.
| ||||||
6 | (E) The area has incurred Illinois Environmental | ||||||
7 | Protection Agency or
United States Environmental | ||||||
8 | Protection Agency remediation costs for, or a study
| ||||||
9 | conducted by an independent consultant recognized as | ||||||
10 | having expertise in
environmental remediation has | ||||||
11 | determined a need for, the
clean-up of hazardous
| ||||||
12 | waste, hazardous substances, or underground storage | ||||||
13 | tanks required by State or
federal law, provided that | ||||||
14 | the remediation costs
constitute a material impediment | ||||||
15 | to the development or redevelopment of
the
| ||||||
16 | redevelopment project area.
| ||||||
17 | (F) 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 | ||||||
24 | is 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 | (3) If vacant, the sound growth of the redevelopment | ||||||
5 | project area is
impaired by one of the
following factors | ||||||
6 | that (i) is present, with that presence documented, to a
| ||||||
7 | meaningful extent so that a municipality may reasonably | ||||||
8 | find that the factor is
clearly
present within the intent | ||||||
9 | of the Act and (ii) is reasonably distributed
throughout | ||||||
10 | the vacant part of the
redevelopment project area to which | ||||||
11 | it pertains:
| ||||||
12 | (A) The area consists of one or more unused | ||||||
13 | quarries, mines, or strip
mine ponds.
| ||||||
14 | (B) The area consists of unused rail yards, rail | ||||||
15 | tracks, or railroad
rights-of-way.
| ||||||
16 | (C) The area, prior to its designation, is subject | ||||||
17 | to (i) chronic
flooding
that adversely impacts on real | ||||||
18 | property in the area as certified by a
registered
| ||||||
19 | professional engineer or appropriate regulatory agency | ||||||
20 | or (ii) surface water
that
discharges from all or a | ||||||
21 | part of the area and contributes to flooding within
| ||||||
22 | the
same watershed, but only if the redevelopment | ||||||
23 | project provides for facilities
or
improvements to | ||||||
24 | contribute to the alleviation of all or part of the
| ||||||
25 | flooding.
| ||||||
26 | (D) The area consists of an unused or illegal |
| |||||||
| |||||||
1 | disposal site containing
earth,
stone, building | ||||||
2 | debris, or similar materials that were removed from
| ||||||
3 | construction, demolition, excavation, or dredge sites.
| ||||||
4 | (E) Prior to November 1, 1999, the area
is not less | ||||||
5 | than 50 nor more than 100 acres and 75%
of which is | ||||||
6 | vacant (notwithstanding that the area has been used
| ||||||
7 | for commercial agricultural purposes within 5 years | ||||||
8 | prior to the designation
of the redevelopment project | ||||||
9 | area), and the area meets at least one of
the factors | ||||||
10 | itemized in paragraph (1) of this subsection, the area
| ||||||
11 | has been designated as a town or village center by | ||||||
12 | ordinance or comprehensive
plan adopted prior to | ||||||
13 | January 1, 1982, and the area has not been developed
| ||||||
14 | for that designated purpose.
| ||||||
15 | (F) The area qualified as a blighted improved area | ||||||
16 | immediately prior to
becoming vacant, unless there has | ||||||
17 | been substantial private investment in the
immediately | ||||||
18 | surrounding area.
| ||||||
19 | (b) For any redevelopment project area that has been | ||||||
20 | designated pursuant
to this
Section by an ordinance adopted | ||||||
21 | prior to November 1, 1999 (the effective
date of Public Act
| ||||||
22 | 91-478), "conservation area" shall have the meaning
set forth | ||||||
23 | in this
Section prior to that date.
| ||||||
24 | On and after November 1, 1999,
"conservation area" means | ||||||
25 | any improved area within the boundaries
of a redevelopment | ||||||
26 | project area located within the territorial limits of
the |
| |||||||
| |||||||
1 | municipality in which 50% or more of the structures in the area | ||||||
2 | have
an age of 35 years or more.
Such an area is not yet a | ||||||
3 | blighted area but
because of a combination of 3 or more of the | ||||||
4 | following factors is detrimental
to the public safety, health, | ||||||
5 | morals
or welfare and such an area may become a blighted area:
| ||||||
6 | (1) Dilapidation. An advanced state of disrepair or | ||||||
7 | neglect of
necessary
repairs to the primary structural | ||||||
8 | components of buildings or improvements in
such a | ||||||
9 | combination that a documented building condition analysis | ||||||
10 | determines
that major repair is required or the defects | ||||||
11 | are so serious and so extensive
that the buildings must be | ||||||
12 | removed.
| ||||||
13 | (2) Obsolescence. The condition or process of falling | ||||||
14 | into disuse.
Structures have become ill-suited for the | ||||||
15 | original use.
| ||||||
16 | (3) Deterioration. With respect to buildings, defects
| ||||||
17 | including, but not limited to, major defects in
the | ||||||
18 | secondary building components such as doors, windows, | ||||||
19 | porches, gutters and
downspouts, and fascia. With respect | ||||||
20 | to surface improvements, that the
condition of roadways, | ||||||
21 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
22 | surface storage areas evidence deterioration, including, | ||||||
23 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
24 | depressions, loose paving material,
and weeds protruding | ||||||
25 | through paved surfaces.
| ||||||
26 | (4) Presence of structures below minimum code |
| |||||||
| |||||||
1 | standards. All structures
that do not meet the standards | ||||||
2 | of zoning, subdivision, building, fire, and
other | ||||||
3 | governmental codes applicable to property, but not | ||||||
4 | including housing and
property maintenance codes.
| ||||||
5 | (5) Illegal use of individual structures. The use of | ||||||
6 | structures in
violation of applicable federal, State, or | ||||||
7 | local laws, exclusive of those
applicable to the presence | ||||||
8 | of structures below minimum code standards.
| ||||||
9 | (6) Excessive vacancies. The presence of
buildings | ||||||
10 | that are unoccupied or under-utilized and that represent | ||||||
11 | an adverse
influence on the area because of the frequency, | ||||||
12 | extent, or duration of the
vacancies.
| ||||||
13 | (7) Lack of ventilation, light, or sanitary | ||||||
14 | facilities. The absence of
adequate ventilation for light | ||||||
15 | or air circulation in spaces or rooms without
windows, or | ||||||
16 | that require the removal of dust, odor, gas, smoke, or | ||||||
17 | other
noxious airborne materials. Inadequate natural light | ||||||
18 | and ventilation means
the absence or inadequacy of | ||||||
19 | skylights or windows for interior spaces or rooms
and | ||||||
20 | improper
window sizes and amounts by room area to window | ||||||
21 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
22 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
23 | bathroom facilities, hot water and kitchens, and | ||||||
24 | structural inadequacies
preventing ingress and egress to | ||||||
25 | and from all rooms and units within a
building.
| ||||||
26 | (8) Inadequate utilities. Underground and overhead |
| |||||||
| |||||||
1 | utilities
such as storm sewers and storm drainage, | ||||||
2 | sanitary sewers, water lines, and gas,
telephone, and
| ||||||
3 | electrical services that are shown to be inadequate. | ||||||
4 | Inadequate utilities are
those that are: (i) of | ||||||
5 | insufficient capacity to serve the uses in the
| ||||||
6 | redevelopment project area, (ii) deteriorated,
antiquated, | ||||||
7 | obsolete, or in disrepair, or (iii) lacking within the
| ||||||
8 | 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 | ||||||
12 | accessory facilities onto a site. Examples of problem | ||||||
13 | conditions
warranting the designation of an area as one | ||||||
14 | exhibiting excessive land coverage
are: the presence of | ||||||
15 | buildings either improperly situated on parcels or located
| ||||||
16 | on parcels of inadequate size and shape in relation to | ||||||
17 | present-day standards of
development for health and safety | ||||||
18 | and the presence of multiple buildings on a
single parcel. | ||||||
19 | For there to be a finding of excessive land coverage,
| ||||||
20 | these 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 | ||||||
25 | of 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 | ||||||
4 | proposed redevelopment
project area has declined for 3 of | ||||||
5 | the last 5 calendar years
for which information is
| ||||||
6 | available or is increasing at an annual rate that is less | ||||||
7 | than the balance of
the municipality for 3 of the last 5 | ||||||
8 | calendar years for which information is
available or is | ||||||
9 | increasing at an annual rate that is less
than the | ||||||
10 | Consumer Price Index for All Urban Consumers published by | ||||||
11 | the United
States Department of Labor or successor agency | ||||||
12 | for 3 of the last 5 calendar
years for which information is | ||||||
13 | available.
| ||||||
14 | (c) "Industrial park" means an area in a blighted or | ||||||
15 | conservation
area suitable for use by any manufacturing, | ||||||
16 | industrial, research or
transportation enterprise, of | ||||||
17 | facilities to include but not be limited to
factories, mills, | ||||||
18 | processing plants, assembly plants, packing plants,
| ||||||
19 | fabricating plants, industrial distribution centers, | ||||||
20 | warehouses, repair
overhaul or service facilities, freight | ||||||
21 | terminals, research facilities,
test facilities or railroad | ||||||
22 | facilities.
| ||||||
23 | (d) "Industrial park conservation area" means an area | ||||||
24 | within the
boundaries of a redevelopment project area located | ||||||
25 | within the territorial
limits of a municipality that is a | ||||||
26 | labor surplus municipality or within 1
1/2 miles of the |
| |||||||
| |||||||
1 | territorial limits of a municipality that is a labor
surplus | ||||||
2 | municipality if the area is annexed to the municipality; which
| ||||||
3 | area is zoned as industrial no later than at the time the | ||||||
4 | municipality by
ordinance designates the redevelopment project | ||||||
5 | area, and which area
includes both vacant land suitable for | ||||||
6 | use as an industrial park and a
blighted area or conservation | ||||||
7 | area contiguous to such vacant land.
| ||||||
8 | (e) "Labor surplus municipality" means a municipality in | ||||||
9 | which, at any
time during the 6 months before the municipality | ||||||
10 | by ordinance designates
an industrial park conservation area, | ||||||
11 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
12 | the national average unemployment rate for that same
time as | ||||||
13 | published in the United States Department of Labor Bureau of | ||||||
14 | Labor
Statistics publication entitled "The Employment | ||||||
15 | Situation" or its successor
publication. For the purpose of | ||||||
16 | this subsection, if unemployment rate
statistics for the | ||||||
17 | municipality are not available, the unemployment rate in
the | ||||||
18 | municipality shall be deemed to be the same as the | ||||||
19 | unemployment rate in
the principal county in which the | ||||||
20 | municipality is located.
| ||||||
21 | (f) "Municipality" shall mean a city, village, | ||||||
22 | incorporated town, or a township that is located in the | ||||||
23 | unincorporated portion of a county with 3 million or more | ||||||
24 | inhabitants, if the county adopted an ordinance that approved | ||||||
25 | the township's redevelopment plan.
| ||||||
26 | (g) "Initial Sales Tax Amounts" means the amount of taxes |
| |||||||
| |||||||
1 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
2 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
3 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
4 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
5 | transactions at places located in a
State Sales Tax Boundary | ||||||
6 | during the calendar year 1985.
| ||||||
7 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
8 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
9 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
10 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
11 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
12 | transactions at places located within the State Sales Tax | ||||||
13 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | ||||||
14 | Act.
| ||||||
15 | (h) "Municipal Sales Tax Increment" means an amount equal | ||||||
16 | to the
increase in the aggregate amount of taxes paid to a | ||||||
17 | municipality from the
Local Government Tax Fund arising from | ||||||
18 | sales by retailers and servicemen
within the redevelopment | ||||||
19 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
20 | for as long as the redevelopment project area or State
Sales | ||||||
21 | Tax Boundary, as the case may be, exist over and above the | ||||||
22 | aggregate
amount of taxes as certified by the Illinois | ||||||
23 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
24 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
25 | Act by retailers and servicemen, on transactions at places
of | ||||||
26 | business located in the redevelopment project area or State |
| |||||||
| |||||||
1 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
2 | which shall be the calendar year immediately prior to the year | ||||||
3 | in
which the municipality adopted tax increment allocation | ||||||
4 | financing. For
purposes of computing the aggregate amount of | ||||||
5 | such taxes for base years
occurring prior to 1985, the | ||||||
6 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
7 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
8 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
9 | base year is prior to 1985, but not to exceed a total deduction | ||||||
10 | of 12%.
The amount so determined shall be known as the | ||||||
11 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
12 | determining the Municipal Sales Tax Increment,
the Department | ||||||
13 | of Revenue shall for each period subtract from the amount
paid | ||||||
14 | to the municipality from the Local Government Tax Fund arising | ||||||
15 | from
sales by retailers and servicemen on transactions
located | ||||||
16 | in the redevelopment project area or the State Sales Tax | ||||||
17 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
18 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
19 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
20 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
21 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
22 | made by utilizing the calendar year 1987 to determine the tax | ||||||
23 | amounts
received. For the State Fiscal Year 1990, this | ||||||
24 | calculation shall be made
by utilizing the period from January | ||||||
25 | 1, 1988, until September 30, 1988, to
determine the tax | ||||||
26 | amounts received from retailers and servicemen pursuant
to the |
| |||||||
| |||||||
1 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
2 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
3 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
4 | Adjusted Initial
Sales Tax Amounts or the Revised Initial | ||||||
5 | Sales Tax Amounts as appropriate.
For the State Fiscal Year | ||||||
6 | 1991, this calculation shall be made by utilizing
the period | ||||||
7 | from October 1, 1988, to June 30, 1989, to determine the tax
| ||||||
8 | amounts received from retailers and servicemen pursuant to the | ||||||
9 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
10 | Occupation Tax Act
which shall have deducted therefrom | ||||||
11 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
12 | Adjusted Initial Sales Tax
Amounts or the Revised Initial | ||||||
13 | Sales Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
14 | thereafter, the applicable period shall be the 12 months
| ||||||
15 | beginning July 1 and ending June 30 to determine the tax | ||||||
16 | amounts received
which shall have deducted therefrom the | ||||||
17 | certified Initial Sales Tax
Amounts, the Adjusted Initial | ||||||
18 | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | ||||||
19 | the case may be.
| ||||||
20 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
21 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
22 | Increment annually generated
within a State Sales Tax | ||||||
23 | Boundary; (b) 60% of the amount in excess of
$100,000 but not | ||||||
24 | exceeding $500,000 of State Sales Tax Increment annually
| ||||||
25 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
26 | amounts in
excess of $500,000 of State Sales Tax Increment |
| |||||||
| |||||||
1 | annually generated within a
State Sales Tax Boundary. If, | ||||||
2 | however, a municipality established a tax
increment financing | ||||||
3 | district in a county with a population in excess of
3,000,000 | ||||||
4 | before January 1, 1986, and the municipality entered into a
| ||||||
5 | contract or issued bonds after January 1, 1986, but before | ||||||
6 | December 31, 1986,
to finance redevelopment project costs | ||||||
7 | within a State Sales Tax
Boundary, then the Net State Sales Tax | ||||||
8 | Increment means, for the fiscal years
beginning July 1, 1990, | ||||||
9 | and July 1, 1991, 100% of the State Sales Tax
Increment | ||||||
10 | annually generated within a State Sales Tax Boundary; and
| ||||||
11 | notwithstanding any other provision of this Act, for those | ||||||
12 | fiscal years the
Department of Revenue shall distribute to | ||||||
13 | those municipalities 100% of
their Net State Sales Tax | ||||||
14 | Increment before any distribution to any other
municipality | ||||||
15 | and regardless of whether or not those other municipalities
| ||||||
16 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
17 | Fiscal Year
1999, and every year thereafter until the year | ||||||
18 | 2007, for any municipality
that has not entered into a | ||||||
19 | contract or has not issued bonds prior to June
1, 1988 to | ||||||
20 | finance redevelopment project costs within a State Sales Tax
| ||||||
21 | Boundary, the Net State Sales Tax Increment shall be | ||||||
22 | calculated as follows:
By multiplying the Net State Sales Tax | ||||||
23 | Increment by 90% in the State Fiscal
Year 1999; 80% in the | ||||||
24 | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | ||||||
25 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
26 | 2003; 40%
in the State Fiscal Year 2004; 30% in the State |
| |||||||
| |||||||
1 | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | ||||||
2 | the State Fiscal Year 2007. No
payment shall be made for State | ||||||
3 | Fiscal Year 2008 and thereafter.
| ||||||
4 | Municipalities that issued bonds in connection with a | ||||||
5 | redevelopment project
in a redevelopment project area within | ||||||
6 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
7 | entered into contracts in connection with a redevelopment | ||||||
8 | project in
a redevelopment project area before June 1, 1988,
| ||||||
9 | shall continue to receive their proportional share of the
| ||||||
10 | Illinois Tax Increment Fund distribution until the date on | ||||||
11 | which the
redevelopment project is completed or terminated.
| ||||||
12 | If, however, a municipality that issued bonds in connection | ||||||
13 | with a
redevelopment project in a redevelopment project area | ||||||
14 | within the State Sales
Tax Boundary prior to July 29, 1991 | ||||||
15 | retires the bonds prior to June 30, 2007 or
a municipality that | ||||||
16 | entered into contracts in connection with a redevelopment
| ||||||
17 | project in a redevelopment project area before June 1, 1988 | ||||||
18 | completes the
contracts prior to June 30, 2007, then so long as | ||||||
19 | the redevelopment project is
not
completed or is not | ||||||
20 | terminated, the Net State Sales Tax Increment shall be
| ||||||
21 | calculated, beginning on the date on which the bonds are | ||||||
22 | retired or the
contracts are completed, as follows: By | ||||||
23 | multiplying the Net State Sales Tax
Increment by 60% in the | ||||||
24 | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | ||||||
25 | in the State Fiscal Year 2004; 30%
in the State Fiscal Year | ||||||
26 | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State |
| |||||||
| |||||||
1 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
2 | Year
2008 and thereafter.
Refunding of any bonds issued
prior | ||||||
3 | to July 29, 1991, shall not alter the Net State Sales Tax | ||||||
4 | Increment.
| ||||||
5 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
6 | equal to the
aggregate increase in State electric and gas tax | ||||||
7 | charges imposed on owners
and tenants, other than residential | ||||||
8 | customers, of properties located within
the redevelopment | ||||||
9 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
10 | over and above the aggregate of such charges as certified by | ||||||
11 | the
Department of Revenue and paid by owners and tenants, | ||||||
12 | other than
residential customers, of properties within the | ||||||
13 | redevelopment project area
during the base year, which shall | ||||||
14 | be the calendar year immediately prior to
the year of the | ||||||
15 | adoption of the ordinance authorizing tax increment allocation
| ||||||
16 | financing.
| ||||||
17 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
18 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
19 | Increment annually
generated by a redevelopment project area; | ||||||
20 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
21 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
22 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
23 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
24 | generated by a redevelopment project area. For the State | ||||||
25 | Fiscal Year 1999,
and every year thereafter until the year | ||||||
26 | 2007, for any municipality that
has not entered into a |
| |||||||
| |||||||
1 | contract or has not issued bonds prior to June 1,
1988 to | ||||||
2 | finance redevelopment project costs within a redevelopment | ||||||
3 | project
area, the Net State Utility Tax Increment shall be | ||||||
4 | calculated as follows:
By multiplying the Net State Utility | ||||||
5 | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | ||||||
6 | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | ||||||
7 | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | ||||||
8 | 2003; 40% in the State Fiscal Year 2004; 30% in the State
| ||||||
9 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
10 | the State
Fiscal Year 2007. No payment shall be made for the | ||||||
11 | State Fiscal Year 2008
and thereafter.
| ||||||
12 | Municipalities that issue bonds in connection with the | ||||||
13 | redevelopment project
during the period from June 1, 1988 | ||||||
14 | until 3 years after the effective date
of this Amendatory Act | ||||||
15 | of 1988 shall receive the Net State Utility Tax
Increment, | ||||||
16 | subject to appropriation, for 15 State Fiscal Years after the
| ||||||
17 | issuance of such bonds. For the 16th through the 20th State | ||||||
18 | Fiscal Years
after issuance of the bonds, the Net State | ||||||
19 | Utility Tax Increment shall be
calculated as follows: By | ||||||
20 | multiplying the Net State Utility Tax Increment
by 90% in year | ||||||
21 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | ||||||
22 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
23 | shall not
alter the revised Net State Utility Tax Increment | ||||||
24 | payments set forth above.
| ||||||
25 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
26 | special certificates
or other evidence of indebtedness issued |
| |||||||
| |||||||
1 | by the municipality to carry out
a redevelopment project or to | ||||||
2 | refund outstanding obligations.
| ||||||
3 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
4 | revenues from
real property in a redevelopment project area | ||||||
5 | derived from real property that
has been acquired by a | ||||||
6 | municipality
which according to the redevelopment project or | ||||||
7 | plan is to be used for a
private use which taxing districts | ||||||
8 | would have received had a municipality
not acquired the real | ||||||
9 | property and adopted tax increment allocation
financing and | ||||||
10 | which would result from
levies made after the time of the | ||||||
11 | adoption of tax increment allocation
financing to the time the | ||||||
12 | current equalized value of real property in the
redevelopment | ||||||
13 | project area exceeds the total initial equalized value of
real | ||||||
14 | property in said area.
| ||||||
15 | (n) "Redevelopment plan" means the comprehensive program | ||||||
16 | of
the municipality for development or redevelopment intended | ||||||
17 | by the payment of
redevelopment project costs to reduce or | ||||||
18 | eliminate those conditions the
existence of which qualified | ||||||
19 | the redevelopment project area as
a "blighted
area" or | ||||||
20 | "conservation area" or combination thereof or "industrial park
| ||||||
21 | conservation area," and thereby to enhance the tax bases of | ||||||
22 | the taxing
districts which extend into the redevelopment | ||||||
23 | project area, provided that, with respect to redevelopment | ||||||
24 | project areas described in subsections (p-1) and (p-2), | ||||||
25 | "redevelopment plan" means the comprehensive program of the | ||||||
26 | affected municipality for the development of qualifying |
| |||||||
| |||||||
1 | transit facilities.
On and after November 1, 1999 (the | ||||||
2 | effective date of
Public Act 91-478), no
redevelopment plan | ||||||
3 | may be approved or amended that includes the development of
| ||||||
4 | vacant land (i) with a golf course and related clubhouse and | ||||||
5 | other facilities
or (ii) designated by federal, State, county, | ||||||
6 | or municipal government as public
land for outdoor | ||||||
7 | recreational activities or for nature preserves and used for
| ||||||
8 | that purpose within 5
years prior to the adoption of the | ||||||
9 | redevelopment plan. For the purpose of
this subsection, | ||||||
10 | "recreational activities" is limited to mean camping and
| ||||||
11 | hunting.
Each
redevelopment plan shall set forth in writing | ||||||
12 | the program to be undertaken
to accomplish the objectives and | ||||||
13 | shall include but not be limited to:
| ||||||
14 | (A) an itemized list of estimated redevelopment | ||||||
15 | project costs;
| ||||||
16 | (B) evidence indicating that the redevelopment project | ||||||
17 | area on the whole
has not been subject to growth and | ||||||
18 | development through investment by private
enterprise, | ||||||
19 | provided that such evidence shall not be required for any | ||||||
20 | redevelopment project area located within a transit | ||||||
21 | facility improvement area established pursuant to Section | ||||||
22 | 11-74.4-3.3;
| ||||||
23 | (C) an assessment of any financial impact of the | ||||||
24 | redevelopment project
area on or any increased demand for | ||||||
25 | services from any taxing district affected
by the plan and | ||||||
26 | any program to address such financial impact or increased
|
| |||||||
| |||||||
1 | demand;
| ||||||
2 | (D) the sources of funds to pay costs;
| ||||||
3 | (E) the nature and term of the obligations to be | ||||||
4 | issued;
| ||||||
5 | (F) the most recent equalized assessed valuation of | ||||||
6 | the redevelopment
project area;
| ||||||
7 | (G) an estimate as to the equalized assessed valuation | ||||||
8 | after redevelopment
and the general land uses to apply in | ||||||
9 | the redevelopment project area;
| ||||||
10 | (H) a commitment to fair employment practices and an | ||||||
11 | affirmative action
plan;
| ||||||
12 | (I) if it concerns an industrial park
conservation | ||||||
13 | area, the plan shall
also include a general description
of | ||||||
14 | any proposed developer, user and tenant of any property, a | ||||||
15 | description
of the type, structure and general character | ||||||
16 | of the facilities to be
developed, a description of the | ||||||
17 | type, class and number of new employees to
be employed in | ||||||
18 | the operation of the facilities to be developed; and
| ||||||
19 | (J) if property is to be annexed to the municipality, | ||||||
20 | the plan shall
include the terms of the annexation | ||||||
21 | agreement.
| ||||||
22 | The provisions of items (B) and (C) of this subsection (n) | ||||||
23 | shall not apply to
a municipality that before March 14, 1994 | ||||||
24 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
25 | its
corporate authorities or by a commission designated under | ||||||
26 | subsection (k) of
Section 11-74.4-4, a time and place for a |
| |||||||
| |||||||
1 | public hearing as required by
subsection (a) of Section | ||||||
2 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
3 | municipality complies with all of the following requirements:
| ||||||
4 | (1) The municipality finds that the redevelopment | ||||||
5 | project area on
the whole has not been subject to growth | ||||||
6 | and development through investment
by private enterprise | ||||||
7 | and would not reasonably be anticipated to be
developed | ||||||
8 | without the adoption of the redevelopment plan, provided, | ||||||
9 | however, that such a finding shall not be required with | ||||||
10 | respect to any redevelopment project area located within a | ||||||
11 | transit facility improvement area established pursuant to | ||||||
12 | Section 11-74.4-3.3.
| ||||||
13 | (2) The municipality finds that the redevelopment plan | ||||||
14 | and project conform
to the comprehensive plan for the | ||||||
15 | development of the municipality as a whole,
or, for | ||||||
16 | municipalities with a population of 100,000 or more, | ||||||
17 | regardless of when
the redevelopment plan and project was | ||||||
18 | adopted, the redevelopment plan and
project either: (i) | ||||||
19 | conforms to the strategic economic development or
| ||||||
20 | redevelopment plan issued by the designated planning | ||||||
21 | authority of the
municipality, or (ii) includes land uses | ||||||
22 | that have been approved by the
planning commission of the | ||||||
23 | municipality.
| ||||||
24 | (2.5) The redevelopment plan establishes a process for | ||||||
25 | allocating funds from the special tax allocation fund for | ||||||
26 | redevelopment project costs that shall include the members |
| |||||||
| |||||||
1 | of the joint review board. | ||||||
2 | (3) The redevelopment plan establishes the estimated | ||||||
3 | dates of completion
of the redevelopment project and | ||||||
4 | retirement of obligations issued to finance
redevelopment | ||||||
5 | project costs. Those dates may not be later than the dates | ||||||
6 | set forth under Section 11-74.4-3.5.
| ||||||
7 | A municipality may by municipal ordinance amend an | ||||||
8 | existing redevelopment
plan to conform to this paragraph | ||||||
9 | (3) as amended by Public Act 91-478, which
municipal | ||||||
10 | ordinance may be adopted without
further hearing or
notice | ||||||
11 | and without complying with the procedures provided in this | ||||||
12 | Act
pertaining to an amendment to or the initial approval | ||||||
13 | of a redevelopment plan
and project and
designation of a | ||||||
14 | redevelopment project area.
| ||||||
15 | (3.5) The municipality finds, in the case of an | ||||||
16 | industrial
park
conservation area, also that the | ||||||
17 | municipality is a labor surplus municipality
and that the | ||||||
18 | implementation of the redevelopment plan will reduce | ||||||
19 | unemployment,
create new jobs and by the provision of new | ||||||
20 | facilities enhance the tax base of
the taxing districts | ||||||
21 | that extend into the redevelopment project area.
| ||||||
22 | (4) If any incremental revenues are being utilized | ||||||
23 | under
paragraph (1) or (2) of Section 11-74.4-8a 8(a)(1)
| ||||||
24 | or 8(a)(2) of this Act in redevelopment project areas | ||||||
25 | approved by ordinance
after January 1, 1986, the | ||||||
26 | municipality finds: (a) that the redevelopment
project |
| |||||||
| |||||||
1 | area would not reasonably be developed without the use of | ||||||
2 | such
incremental revenues, and (b) that such incremental | ||||||
3 | revenues will be
exclusively utilized for the development | ||||||
4 | of the redevelopment project area.
| ||||||
5 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
6 | displacement of
residents from 10 or more inhabited | ||||||
7 | residential units, and the
municipality certifies in the | ||||||
8 | plan that
such displacement will not result from the plan; | ||||||
9 | or (b) the redevelopment plan is for a redevelopment | ||||||
10 | project area or a qualifying transit facility located | ||||||
11 | within a transit facility improvement area established | ||||||
12 | pursuant to Section 11-74.4-3.3, and the applicable | ||||||
13 | project is subject to the process for evaluation of | ||||||
14 | environmental effects under the National Environmental | ||||||
15 | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing | ||||||
16 | impact study
need not be performed.
If, however, the | ||||||
17 | redevelopment plan would result in the displacement
of
| ||||||
18 | residents from 10 or more inhabited
residential units,
or | ||||||
19 | if the redevelopment project area contains 75 or more | ||||||
20 | inhabited residential
units and no
certification is made,
| ||||||
21 | then the municipality shall prepare, as part of the | ||||||
22 | separate
feasibility report required by subsection (a) of | ||||||
23 | Section 11-74.4-5, a housing
impact study.
| ||||||
24 | Part I of the housing impact study shall include (i) | ||||||
25 | data as to whether
the residential units are single family | ||||||
26 | or multi-family units,
(ii) the number and type of rooms |
| |||||||
| |||||||
1 | within the units, if that information is
available, (iii) | ||||||
2 | whether
the
units are inhabited or uninhabited, as | ||||||
3 | determined not less than 45
days before the date that the | ||||||
4 | ordinance or resolution required
by subsection (a) of | ||||||
5 | Section 11-74.4-5 is passed, and (iv) data as to the
| ||||||
6 | racial and ethnic composition of the residents in the | ||||||
7 | inhabited residential
units. The data requirement as to | ||||||
8 | the racial and ethnic composition of the
residents in the | ||||||
9 | inhabited residential units shall be deemed to be fully
| ||||||
10 | satisfied by data from the most recent federal census.
| ||||||
11 | Part II of the housing impact study shall identify the | ||||||
12 | inhabited
residential units in the proposed redevelopment | ||||||
13 | project area that are to be or
may be removed. If inhabited | ||||||
14 | residential units are to be removed, then the
housing | ||||||
15 | impact study shall identify (i) the number and location of | ||||||
16 | those units
that will or may be removed, (ii) the | ||||||
17 | municipality's plans for relocation
assistance for those | ||||||
18 | residents in the proposed redevelopment project area
whose | ||||||
19 | residences are to be removed, (iii) the availability of | ||||||
20 | replacement
housing for those residents whose residences | ||||||
21 | are to be removed, and shall
identify the type, location, | ||||||
22 | and cost of the housing, and (iv) the type and
extent
of | ||||||
23 | relocation assistance to be provided.
| ||||||
24 | (6) On and after November 1, 1999, the
housing impact | ||||||
25 | study required by paragraph (5) shall be
incorporated in | ||||||
26 | the redevelopment plan for the
redevelopment project area.
|
| |||||||
| |||||||
1 | (7) On and after November 1, 1999, no
redevelopment | ||||||
2 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
3 | shall residential housing that is
occupied by households | ||||||
4 | of low-income and very low-income
persons in currently | ||||||
5 | existing redevelopment project
areas be removed after | ||||||
6 | November 1, 1999 unless the redevelopment plan provides, | ||||||
7 | with
respect to inhabited housing units that are to be | ||||||
8 | removed for
households of low-income and very low-income | ||||||
9 | persons, affordable
housing and relocation assistance not | ||||||
10 | less than that which would
be provided under the federal | ||||||
11 | Uniform Relocation Assistance and
Real Property | ||||||
12 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
13 | that Act, including the eligibility criteria.
Affordable | ||||||
14 | housing may be either existing or newly constructed
| ||||||
15 | housing. For purposes of this paragraph (7), "low-income
| ||||||
16 | households", "very low-income households", and "affordable
| ||||||
17 | housing" have the meanings set forth in the Illinois | ||||||
18 | Affordable
Housing Act.
The municipality shall make a good | ||||||
19 | faith effort to ensure that this affordable
housing is | ||||||
20 | located in or near the redevelopment project area within | ||||||
21 | the
municipality.
| ||||||
22 | (8) On and after November 1, 1999, if,
after the | ||||||
23 | adoption of the redevelopment plan for the
redevelopment | ||||||
24 | project area, any municipality desires to amend its
| ||||||
25 | redevelopment plan
to remove more inhabited residential | ||||||
26 | units than
specified in its original redevelopment plan, |
| |||||||
| |||||||
1 | that change shall be made in
accordance with the | ||||||
2 | procedures in subsection (c) of Section 11-74.4-5.
| ||||||
3 | (9) For redevelopment project areas designated prior | ||||||
4 | to November 1,
1999, the redevelopment plan may be amended | ||||||
5 | without further joint review board
meeting or hearing, | ||||||
6 | provided that the municipality shall give notice of any
| ||||||
7 | such changes by mail to each affected taxing district and | ||||||
8 | registrant on the
interested party registry, to authorize | ||||||
9 | the municipality to expend tax
increment revenues for | ||||||
10 | redevelopment project costs defined by paragraphs (5)
and | ||||||
11 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
12 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, | ||||||
13 | so long as the changes do not increase the
total estimated | ||||||
14 | redevelopment project costs set out in the redevelopment | ||||||
15 | plan
by more than 5% after adjustment for inflation from | ||||||
16 | the date the plan was
adopted.
| ||||||
17 | (o) "Redevelopment project" means any public and private | ||||||
18 | development project
in furtherance of the objectives of a | ||||||
19 | redevelopment plan.
On and after November 1, 1999 (the | ||||||
20 | effective date of Public Act 91-478), no
redevelopment plan | ||||||
21 | may be approved or amended that includes the development
of | ||||||
22 | vacant land (i) with a golf course and related clubhouse and | ||||||
23 | other
facilities
or (ii) designated by federal, State, county, | ||||||
24 | or municipal government as public
land for outdoor | ||||||
25 | recreational activities or for nature preserves and used for
| ||||||
26 | that purpose within 5
years prior to the adoption of the |
| |||||||
| |||||||
1 | redevelopment plan. For the purpose of
this subsection, | ||||||
2 | "recreational activities" is limited to mean camping and
| ||||||
3 | hunting.
| ||||||
4 | (p) "Redevelopment project area" means an area designated | ||||||
5 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
6 | 1/2 acres and in
respect to which the municipality has made a | ||||||
7 | finding that there exist
conditions which cause the area to be | ||||||
8 | classified as an industrial park
conservation area or a | ||||||
9 | blighted area or a conservation area, or a
combination of both | ||||||
10 | blighted areas and conservation areas.
| ||||||
11 | (p-1) Notwithstanding any provision of this Act to the | ||||||
12 | contrary, on and after August 25, 2009 (the effective date of | ||||||
13 | Public Act 96-680), a redevelopment project area may include | ||||||
14 | areas within a one-half mile radius of an existing or proposed | ||||||
15 | Regional Transportation Authority Suburban Transit Access | ||||||
16 | Route (STAR Line) station without a finding that the area is | ||||||
17 | classified as an industrial park conservation area, a blighted | ||||||
18 | area, a conservation area, or a combination thereof, but only | ||||||
19 | if the municipality receives unanimous consent from the joint | ||||||
20 | review board created to review the proposed redevelopment | ||||||
21 | project area. | ||||||
22 | (p-2) Notwithstanding any provision of this Act to the | ||||||
23 | contrary, on and after the effective date of this amendatory | ||||||
24 | Act of the 99th General Assembly, a redevelopment project area | ||||||
25 | may include areas within a transit facility improvement area | ||||||
26 | that has been established pursuant to Section 11-74.4-3.3 |
| |||||||
| |||||||
1 | without a finding that the area is classified as an industrial | ||||||
2 | park conservation area, a blighted area, a conservation area, | ||||||
3 | or any combination thereof. | ||||||
4 | (q) "Redevelopment project costs", except for | ||||||
5 | redevelopment project areas created pursuant to subsection | ||||||
6 | (p-1) or (p-2), means and includes the sum total of all
| ||||||
7 | reasonable or necessary costs incurred or estimated to be | ||||||
8 | incurred, and
any such costs incidental to a redevelopment | ||||||
9 | plan and a redevelopment
project. Such costs include, without | ||||||
10 | limitation, the following:
| ||||||
11 | (1) Costs of studies, surveys, development of plans, | ||||||
12 | and
specifications, implementation and administration of | ||||||
13 | the redevelopment
plan including but not limited to staff | ||||||
14 | and professional service costs for
architectural, | ||||||
15 | engineering, legal, financial, planning or other
services, | ||||||
16 | provided however that no charges for professional services | ||||||
17 | may be
based on a percentage of the tax increment | ||||||
18 | collected; except that on and
after November 1, 1999 (the | ||||||
19 | effective date of Public Act 91-478), no
contracts for
| ||||||
20 | professional services, excluding architectural and | ||||||
21 | engineering services, may be
entered into if the terms of | ||||||
22 | the contract extend
beyond a period of 3 years. In | ||||||
23 | addition, "redevelopment project costs" shall
not include | ||||||
24 | lobbying expenses.
After consultation with the | ||||||
25 | municipality, each tax
increment consultant or advisor to | ||||||
26 | a municipality that plans to designate or
has designated a |
| |||||||
| |||||||
1 | redevelopment project area shall inform the municipality | ||||||
2 | in
writing of any contracts that the consultant or advisor | ||||||
3 | has entered into with
entities or individuals that have | ||||||
4 | received, or are receiving, payments financed
by tax
| ||||||
5 | increment revenues produced by the redevelopment project | ||||||
6 | area with respect to
which the consultant or advisor has | ||||||
7 | performed, or will be performing, service
for the
| ||||||
8 | municipality. This requirement shall be satisfied by the | ||||||
9 | consultant or advisor
before the commencement of services | ||||||
10 | for the municipality and thereafter
whenever any other | ||||||
11 | contracts with those individuals or entities are executed | ||||||
12 | by
the consultant or advisor;
| ||||||
13 | (1.5) After July 1, 1999, annual administrative costs | ||||||
14 | shall
not include general overhead or
administrative costs | ||||||
15 | of the municipality
that would still have been incurred by | ||||||
16 | the municipality if the municipality had
not
designated a | ||||||
17 | redevelopment project area or approved a redevelopment | ||||||
18 | plan;
| ||||||
19 | (1.6) The cost of
marketing sites within the | ||||||
20 | redevelopment project area to prospective
businesses, | ||||||
21 | developers, and investors;
| ||||||
22 | (2) Property assembly costs, including but not limited | ||||||
23 | to acquisition
of land and other property, real or | ||||||
24 | personal, or rights or interests therein,
demolition of | ||||||
25 | buildings, site preparation, site improvements that serve | ||||||
26 | as an
engineered barrier addressing ground level or below |
| |||||||
| |||||||
1 | ground environmental
contamination, including, but not | ||||||
2 | limited to parking lots and other concrete
or asphalt | ||||||
3 | barriers, and the clearing and grading of
land;
| ||||||
4 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
5 | or remodeling of
existing public or private buildings, | ||||||
6 | fixtures, and leasehold
improvements; and the cost of | ||||||
7 | replacing
an existing public building if pursuant to the | ||||||
8 | implementation of a
redevelopment project the existing | ||||||
9 | public building is to be demolished to use
the site for | ||||||
10 | private investment or
devoted to a different use requiring | ||||||
11 | private investment; including any direct or indirect costs | ||||||
12 | relating to Green Globes or LEED certified construction | ||||||
13 | elements or construction elements with an equivalent | ||||||
14 | certification;
| ||||||
15 | (4) Costs of the construction of public works or | ||||||
16 | improvements, including any direct or indirect costs | ||||||
17 | relating to Green Globes or LEED certified construction | ||||||
18 | elements or construction elements with an equivalent | ||||||
19 | certification, except
that on and after November 1, 1999,
| ||||||
20 | redevelopment
project costs shall not include the cost of | ||||||
21 | constructing a
new municipal public building principally | ||||||
22 | used to provide
offices, storage space, or conference | ||||||
23 | facilities or vehicle storage,
maintenance, or repair for | ||||||
24 | administrative,
public safety, or public works personnel
| ||||||
25 | and that is not intended to replace an existing
public | ||||||
26 | building as provided under paragraph (3) of subsection (q) |
| |||||||
| |||||||
1 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
2 | the new municipal building
implements a redevelopment | ||||||
3 | project that was included in a redevelopment plan
that was | ||||||
4 | adopted by the municipality prior to November 1, 1999, | ||||||
5 | (ii) the
municipality makes a reasonable
determination in | ||||||
6 | the redevelopment plan, supported by information that | ||||||
7 | provides
the basis for that determination, that the new | ||||||
8 | municipal building is required
to meet an increase in the | ||||||
9 | need for public safety purposes anticipated to
result from | ||||||
10 | the implementation of the redevelopment plan, or (iii) the | ||||||
11 | new municipal public building is for the storage, | ||||||
12 | maintenance, or repair of transit vehicles and is located | ||||||
13 | in a transit facility improvement area that has been | ||||||
14 | established pursuant to Section 11-74.4-3.3;
| ||||||
15 | (5) Costs of job training and retraining projects, | ||||||
16 | including the cost of
"welfare to work" programs | ||||||
17 | implemented by businesses located within the
redevelopment | ||||||
18 | project area;
| ||||||
19 | (5.5) Grants to small businesses as provided in | ||||||
20 | subsection (b) of Section 11-74.4-8. | ||||||
21 | (6) Financing costs, including but not limited to all | ||||||
22 | necessary and
incidental expenses related to the issuance | ||||||
23 | of obligations and which may
include payment of interest | ||||||
24 | on any obligations issued hereunder including
interest | ||||||
25 | accruing
during the estimated period of construction of | ||||||
26 | any redevelopment project
for which such obligations are |
| |||||||
| |||||||
1 | issued and for not exceeding 36 months
thereafter and | ||||||
2 | including reasonable reserves related thereto;
| ||||||
3 | (7) To the extent the municipality by written | ||||||
4 | agreement accepts and
approves
the same, all or a portion | ||||||
5 | of a taxing district's capital costs resulting
from the | ||||||
6 | redevelopment project necessarily incurred or to be | ||||||
7 | incurred within a
taxing district in
furtherance of the | ||||||
8 | objectives of the redevelopment plan and project;
| ||||||
9 | (7.5) 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 November 1,
1999,
an elementary, secondary,
or | ||||||
13 | unit school
district's increased costs attributable to | ||||||
14 | assisted housing units located
within the
redevelopment | ||||||
15 | project area for which the developer or redeveloper | ||||||
16 | receives
financial assistance through an agreement with | ||||||
17 | the municipality or because the
municipality incurs the | ||||||
18 | cost of necessary infrastructure improvements within
the | ||||||
19 | boundaries of the assisted housing sites necessary for the | ||||||
20 | completion of
that housing
as authorized by this Act, and | ||||||
21 | which costs shall be paid by the municipality
from the | ||||||
22 | Special Tax Allocation Fund when the tax increment revenue | ||||||
23 | is received
as a result of the assisted housing units and | ||||||
24 | shall be calculated annually as
follows:
| ||||||
25 | (A) for foundation districts, excluding any school | ||||||
26 | district in a
municipality with a population in excess |
| |||||||
| |||||||
1 | of 1,000,000, by multiplying the
district's increase | ||||||
2 | in attendance resulting from the net increase in new
| ||||||
3 | students enrolled in that school district who reside | ||||||
4 | in housing units within
the redevelopment project area | ||||||
5 | that have received financial assistance through
an | ||||||
6 | agreement with the municipality or because the | ||||||
7 | municipality incurs the cost
of necessary | ||||||
8 | infrastructure improvements within the boundaries of | ||||||
9 | the housing
sites necessary for the completion of that | ||||||
10 | housing as authorized by this Act
since the | ||||||
11 | designation of the redevelopment project area by the | ||||||
12 | most recently
available per capita tuition cost as | ||||||
13 | defined in Section 10-20.12a of the School
Code less | ||||||
14 | any increase in general State aid as defined in | ||||||
15 | Section 18-8.05 of
the School Code or evidence-based | ||||||
16 | funding as defined in Section 18-8.15 of the School | ||||||
17 | Code attributable to these added new students subject | ||||||
18 | to the
following annual limitations:
| ||||||
19 | (i) for unit school districts with a district | ||||||
20 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
21 | than $5,900, no more than 25% of the total amount | ||||||
22 | of
property tax increment revenue produced by | ||||||
23 | those housing units that have
received tax | ||||||
24 | increment finance assistance under this Act;
| ||||||
25 | (ii) for elementary school districts with a | ||||||
26 | district average 1995-96
Per
Capita Tuition Charge |
| |||||||
| |||||||
1 | of less than $5,900, no more than 17% of the total | ||||||
2 | amount
of property tax increment revenue produced | ||||||
3 | by those housing units that have
received tax | ||||||
4 | increment finance assistance under this Act; and
| ||||||
5 | (iii) for secondary school districts with a | ||||||
6 | district average 1995-96
Per
Capita Tuition Charge | ||||||
7 | of less than $5,900, no more than 8% of the total | ||||||
8 | amount
of property tax increment revenue produced | ||||||
9 | by those housing units that have
received tax | ||||||
10 | increment finance assistance under this Act.
| ||||||
11 | (B) For alternate method districts, flat grant | ||||||
12 | districts, and foundation
districts with a district | ||||||
13 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
14 | more than $5,900, excluding any school district with a | ||||||
15 | population in excess of
1,000,000, by multiplying the | ||||||
16 | district's increase in attendance
resulting
from the | ||||||
17 | net increase in new students enrolled in that school | ||||||
18 | district who
reside in
housing units within the | ||||||
19 | redevelopment project area that have received
| ||||||
20 | financial assistance through an agreement with the | ||||||
21 | municipality or because the
municipality incurs the | ||||||
22 | cost of necessary infrastructure improvements within
| ||||||
23 | the boundaries of the housing sites necessary for the | ||||||
24 | completion of that
housing as authorized by this Act | ||||||
25 | since the designation of the redevelopment
project | ||||||
26 | area by the most recently available per capita tuition |
| |||||||
| |||||||
1 | cost as defined
in Section 10-20.12a of the School | ||||||
2 | Code less any increase in general state aid
as defined | ||||||
3 | in Section 18-8.05 of the School Code or | ||||||
4 | evidence-based funding as defined in Section 18-8.15 | ||||||
5 | of the School Code attributable to these added
new | ||||||
6 | students subject to the following annual limitations:
| ||||||
7 | (i) for unit school districts, no more than | ||||||
8 | 40% of the total amount of
property tax increment | ||||||
9 | revenue produced by those housing units that have
| ||||||
10 | received tax increment finance assistance under | ||||||
11 | this Act;
| ||||||
12 | (ii) for elementary school districts, no more | ||||||
13 | than 27% of the total
amount
of property tax | ||||||
14 | increment revenue produced by those housing units | ||||||
15 | that have
received tax increment finance | ||||||
16 | assistance under this Act; and
| ||||||
17 | (iii) for secondary school districts, no more | ||||||
18 | than 13% of the total
amount
of property tax | ||||||
19 | increment revenue produced by those housing units | ||||||
20 | that have
received tax increment finance | ||||||
21 | assistance under this Act.
| ||||||
22 | (C) For any school district in a municipality with | ||||||
23 | a population in
excess of
1,000,000, the following | ||||||
24 | restrictions shall apply to the
reimbursement of | ||||||
25 | increased costs under this paragraph (7.5):
| ||||||
26 | (i) no increased costs shall be reimbursed |
| |||||||
| |||||||
1 | unless the school district
certifies that each of | ||||||
2 | the schools affected by the assisted housing | ||||||
3 | project
is at or over its student capacity;
| ||||||
4 | (ii) the amount reimbursable shall be reduced | ||||||
5 | by the value of any
land
donated to the school | ||||||
6 | district by the municipality or developer, and by | ||||||
7 | the
value of any physical improvements made to the | ||||||
8 | schools by the
municipality or developer; and
| ||||||
9 | (iii) the amount reimbursed may not affect | ||||||
10 | amounts otherwise obligated
by
the terms of any | ||||||
11 | bonds, notes, or other funding instruments, or the | ||||||
12 | terms of
any redevelopment agreement.
| ||||||
13 | Any school district seeking payment under this | ||||||
14 | paragraph (7.5) shall,
after July 1 and before | ||||||
15 | September 30 of each year,
provide the municipality | ||||||
16 | with reasonable evidence to support its claim for
| ||||||
17 | reimbursement before the municipality shall be | ||||||
18 | required to approve or make
the payment to the school | ||||||
19 | district. If the school district fails to provide
the | ||||||
20 | information during this period in any year, it shall | ||||||
21 | forfeit any claim to
reimbursement for that year. | ||||||
22 | School districts may adopt a resolution
waiving the | ||||||
23 | right to all or a portion of the reimbursement | ||||||
24 | otherwise required
by this paragraph
(7.5). By | ||||||
25 | acceptance of this reimbursement the school
district | ||||||
26 | waives the right to directly or indirectly set aside, |
| |||||||
| |||||||
1 | modify, or
contest in any manner the establishment of | ||||||
2 | the redevelopment project area or
projects;
| ||||||
3 | (7.7) For redevelopment project areas designated (or | ||||||
4 | redevelopment
project areas amended to add or increase the | ||||||
5 | number of
tax-increment-financing assisted housing units) | ||||||
6 | on or after
January 1, 2005 (the effective date of Public | ||||||
7 | Act 93-961),
a public library
district's increased costs | ||||||
8 | attributable to assisted housing units located
within the
| ||||||
9 | redevelopment project area for which the developer or | ||||||
10 | redeveloper receives
financial assistance through an | ||||||
11 | agreement with the municipality or because the
| ||||||
12 | municipality incurs the cost of necessary infrastructure | ||||||
13 | improvements within
the boundaries of the assisted housing | ||||||
14 | sites necessary for the completion of
that housing
as | ||||||
15 | authorized by this Act shall be paid to the library | ||||||
16 | district by the
municipality
from the Special Tax | ||||||
17 | Allocation Fund when the tax increment revenue is received
| ||||||
18 | as a result of the assisted housing units. This paragraph | ||||||
19 | (7.7) applies only if (i) the library district is located | ||||||
20 | in a county that is subject to the Property Tax Extension | ||||||
21 | Limitation Law or (ii) the library district is not located | ||||||
22 | in a county that is subject to the Property Tax Extension | ||||||
23 | Limitation Law but the district is prohibited by any other | ||||||
24 | law from increasing its tax levy rate without a prior | ||||||
25 | voter referendum.
| ||||||
26 | The amount paid to a library district under this |
| |||||||
| |||||||
1 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
2 | net increase in the number of persons eligible to obtain
a
| ||||||
3 | library card
in that district who reside in housing units | ||||||
4 | within
the redevelopment project area that have received | ||||||
5 | financial assistance through
an agreement with the | ||||||
6 | municipality or because the municipality incurs the cost
| ||||||
7 | of necessary infrastructure improvements within the | ||||||
8 | boundaries of the housing
sites necessary for the | ||||||
9 | completion of that housing as authorized by this Act
since | ||||||
10 | the designation of the redevelopment project area by (ii)
| ||||||
11 | the per-patron cost of providing library services so long | ||||||
12 | as it does not exceed $120.
The per-patron cost shall be | ||||||
13 | the Total Operating Expenditures Per Capita for the | ||||||
14 | library in the previous fiscal year.
The municipality may | ||||||
15 | deduct from the amount that it must pay to a library | ||||||
16 | district under this paragraph any amount that it has | ||||||
17 | voluntarily paid to the library district from the tax | ||||||
18 | increment revenue. The amount paid to a library district | ||||||
19 | under this paragraph (7.7) shall be no
more
than 2% of the | ||||||
20 | amount produced by the assisted housing units and | ||||||
21 | deposited into the Special Tax Allocation Fund.
| ||||||
22 | A library district is not eligible for any payment | ||||||
23 | under this paragraph
(7.7)
unless the library district has | ||||||
24 | experienced an increase in the
number of patrons from the | ||||||
25 | municipality that created the tax-increment-financing | ||||||
26 | district since the designation of the redevelopment |
| |||||||
| |||||||
1 | project area.
| ||||||
2 | Any library district seeking payment under this | ||||||
3 | paragraph (7.7) shall,
after July 1 and before September | ||||||
4 | 30 of each year,
provide the municipality with convincing | ||||||
5 | evidence to support its claim for
reimbursement before the | ||||||
6 | municipality shall be required to approve or make
the | ||||||
7 | payment to the library district. If the library district | ||||||
8 | fails to provide
the information during this period in any | ||||||
9 | year, it shall forfeit any claim to
reimbursement for that | ||||||
10 | year. Library districts may adopt a resolution
waiving the | ||||||
11 | right to all or a portion of the reimbursement otherwise | ||||||
12 | required by this paragraph (7.7). By acceptance of such | ||||||
13 | reimbursement, the library district shall forfeit any | ||||||
14 | right to directly or indirectly set aside, modify, or | ||||||
15 | contest in any manner whatsoever the establishment of the | ||||||
16 | redevelopment project area or
projects; | ||||||
17 | (8) Relocation costs to the extent that a municipality | ||||||
18 | determines that
relocation costs shall be paid or is | ||||||
19 | required to make payment of relocation
costs by federal or | ||||||
20 | State law or in order to satisfy subparagraph (7) of
| ||||||
21 | subsection (n);
| ||||||
22 | (9) Payment in lieu of taxes;
| ||||||
23 | (10) Costs of job training, retraining, advanced | ||||||
24 | vocational education
or career
education, including but | ||||||
25 | not limited to courses in occupational,
semi-technical or | ||||||
26 | technical fields leading directly to employment, incurred
|
| |||||||
| |||||||
1 | by one or more taxing districts, provided that such costs | ||||||
2 | (i) are related
to the establishment and maintenance of | ||||||
3 | additional job training, advanced
vocational education or | ||||||
4 | career education programs for persons employed or
to be | ||||||
5 | employed by employers located in a redevelopment project | ||||||
6 | area; and
(ii) when incurred by a taxing district or | ||||||
7 | taxing districts other than the
municipality, are set | ||||||
8 | forth in a written agreement by or among the
municipality | ||||||
9 | and the taxing district or taxing districts, which | ||||||
10 | agreement
describes the program to be undertaken, | ||||||
11 | including but not limited to the
number of employees to be | ||||||
12 | trained, a description of the training and
services to be | ||||||
13 | provided, the number and type of positions available or to
| ||||||
14 | be available, itemized costs of the program and sources of | ||||||
15 | funds to pay for the
same, and the term of the agreement. | ||||||
16 | Such costs include, specifically, the
payment by community | ||||||
17 | college districts of costs pursuant to Sections 3-37,
| ||||||
18 | 3-38, 3-40 and 3-40.1 of the Public Community College Act | ||||||
19 | and by school
districts of costs pursuant to Sections | ||||||
20 | 10-22.20a and 10-23.3a of the School
Code;
| ||||||
21 | (11) Interest cost incurred by a redeveloper related | ||||||
22 | to the
construction, renovation or rehabilitation of a | ||||||
23 | redevelopment project
provided that:
| ||||||
24 | (A) such costs are to be paid directly from the | ||||||
25 | special tax
allocation fund established pursuant to | ||||||
26 | this Act;
|
| |||||||
| |||||||
1 | (B) such payments in any one year may not exceed | ||||||
2 | 30% of the annual
interest costs incurred by the | ||||||
3 | redeveloper with regard to the redevelopment
project | ||||||
4 | during that year;
| ||||||
5 | (C) if there are not sufficient funds available in | ||||||
6 | the special tax
allocation fund to make the payment | ||||||
7 | pursuant to this paragraph (11) then
the amounts so | ||||||
8 | due shall accrue and be payable when sufficient funds | ||||||
9 | are
available in the special tax allocation fund;
| ||||||
10 | (D) the total of such interest payments paid | ||||||
11 | pursuant to this Act
may not exceed 30% of the total | ||||||
12 | (i) cost paid or incurred by the
redeveloper for the | ||||||
13 | redevelopment project plus (ii) redevelopment project
| ||||||
14 | costs excluding any property assembly costs and any | ||||||
15 | relocation costs
incurred by a municipality pursuant | ||||||
16 | to this Act;
| ||||||
17 | (E) the cost limits set forth in subparagraphs (B) | ||||||
18 | and (D) of
paragraph (11) shall be modified for the | ||||||
19 | financing of rehabilitated or
new housing units for | ||||||
20 | low-income households and very low-income households, | ||||||
21 | as
defined in
Section 3 of the Illinois Affordable | ||||||
22 | Housing Act. The percentage of
75% shall be | ||||||
23 | substituted for 30% in subparagraphs (B) and (D) of
| ||||||
24 | paragraph (11); and
| ||||||
25 | (F) instead of the eligible costs provided by | ||||||
26 | subparagraphs (B) and (D)
of
paragraph (11), as |
| |||||||
| |||||||
1 | modified by this subparagraph, and notwithstanding
any | ||||||
2 | other provisions of this Act to the contrary, the | ||||||
3 | municipality may
pay from tax increment revenues up to | ||||||
4 | 50% of the cost of construction
of new housing units to | ||||||
5 | be occupied by low-income households and very
| ||||||
6 | low-income
households as defined in Section 3 of the | ||||||
7 | Illinois Affordable Housing
Act. The cost of | ||||||
8 | construction of those units may be derived from the
| ||||||
9 | proceeds of bonds issued by the municipality under | ||||||
10 | this Act or
other constitutional or statutory | ||||||
11 | authority or from other sources of
municipal revenue | ||||||
12 | that may be reimbursed from tax increment
revenues or | ||||||
13 | the proceeds of bonds issued to finance the | ||||||
14 | construction
of that housing.
| ||||||
15 | The eligible costs provided under this | ||||||
16 | subparagraph (F) of paragraph (11)
shall
be
an | ||||||
17 | eligible cost for the construction, renovation, and | ||||||
18 | rehabilitation of all
low and very low-income housing | ||||||
19 | units, as defined in Section 3 of the Illinois
| ||||||
20 | Affordable Housing Act, within the redevelopment | ||||||
21 | project area. If the low and
very
low-income units are | ||||||
22 | part of a residential redevelopment project that | ||||||
23 | includes
units not affordable to low and very | ||||||
24 | low-income households, only the low and
very | ||||||
25 | low-income units shall be eligible for benefits under | ||||||
26 | this subparagraph (F) of
paragraph (11).
The standards |
| |||||||
| |||||||
1 | for maintaining the occupancy
by low-income households | ||||||
2 | and very low-income households,
as
defined in Section | ||||||
3 | 3 of the Illinois Affordable Housing Act,
of those | ||||||
4 | units constructed with eligible costs made available | ||||||
5 | under the
provisions of
this subparagraph (F) of | ||||||
6 | paragraph (11)
shall be
established by guidelines | ||||||
7 | adopted by the municipality. The
responsibility for | ||||||
8 | annually documenting the initial occupancy of
the | ||||||
9 | units by low-income households and very low-income | ||||||
10 | households, as defined
in
Section 3
of the Illinois | ||||||
11 | Affordable Housing Act, shall be that of the then | ||||||
12 | current
owner of the property.
For ownership units, | ||||||
13 | the guidelines will provide, at a minimum, for a
| ||||||
14 | reasonable recapture of funds, or other appropriate | ||||||
15 | methods designed to
preserve the original | ||||||
16 | affordability of the ownership units. For rental | ||||||
17 | units,
the guidelines will provide, at a minimum, for | ||||||
18 | the affordability of rent to low
and very low-income | ||||||
19 | households. As units become available, they shall be
| ||||||
20 | rented to income-eligible tenants.
The municipality | ||||||
21 | may modify these
guidelines from time to time; the | ||||||
22 | guidelines, however, shall be in effect
for as long as | ||||||
23 | tax increment revenue is being used to pay for costs
| ||||||
24 | associated with the units or for the retirement of | ||||||
25 | bonds issued to finance
the units or for the life of | ||||||
26 | the redevelopment project area, whichever is
later;
|
| |||||||
| |||||||
1 | (11.5) If the redevelopment project area is located | ||||||
2 | within a municipality
with a population of more than | ||||||
3 | 100,000, the cost of day care services for
children of | ||||||
4 | employees from
low-income
families working for businesses | ||||||
5 | located within the redevelopment project area
and all or a
| ||||||
6 | portion of the cost of operation of day care centers | ||||||
7 | established by
redevelopment project
area businesses to | ||||||
8 | serve employees from low-income families working in
| ||||||
9 | businesses
located in the redevelopment project area. For | ||||||
10 | the purposes of this paragraph,
"low-income families" | ||||||
11 | means families whose annual income does not exceed 80% of
| ||||||
12 | the
municipal, county, or regional median income, adjusted | ||||||
13 | for family size, as the
annual
income and municipal, | ||||||
14 | county, or regional median income are determined from
time | ||||||
15 | to
time by the United States Department of Housing and | ||||||
16 | Urban Development.
| ||||||
17 | (12) Costs relating to the development of urban | ||||||
18 | agricultural areas under Division 15.2 of the Illinois | ||||||
19 | Municipal Code. | ||||||
20 | Unless explicitly stated herein the cost of construction | ||||||
21 | of new
privately-owned buildings shall not be an eligible | ||||||
22 | redevelopment project cost.
| ||||||
23 | After November 1, 1999 (the effective date of Public Act
| ||||||
24 | 91-478), none of
the
redevelopment project costs enumerated in | ||||||
25 | this subsection shall be eligible
redevelopment project costs | ||||||
26 | if those costs would provide direct financial
support to a
|
| |||||||
| |||||||
1 | retail entity initiating operations in the
redevelopment | ||||||
2 | project area while
terminating operations at another Illinois | ||||||
3 | location within 10 miles of the
redevelopment project area but | ||||||
4 | outside the boundaries of the redevelopment
project area | ||||||
5 | municipality. For
purposes of this paragraph, termination | ||||||
6 | means a
closing of a retail operation that is directly related | ||||||
7 | to the opening of the
same operation or like retail entity | ||||||
8 | owned or operated by more than 50% of the
original ownership in | ||||||
9 | a redevelopment project area, but
it does not mean
closing an | ||||||
10 | operation for reasons beyond the control of the
retail entity, | ||||||
11 | as
documented by the retail entity, subject to a reasonable | ||||||
12 | finding by the
municipality that the current location | ||||||
13 | contained inadequate space, had become
economically obsolete, | ||||||
14 | or was no longer a viable location for the retailer or
| ||||||
15 | serviceman.
| ||||||
16 | No cost shall be a redevelopment project cost in a | ||||||
17 | redevelopment project area if used to demolish, remove, or | ||||||
18 | substantially modify a historic resource, after August 26, | ||||||
19 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
20 | prudent and feasible alternative exists. "Historic resource" | ||||||
21 | for the purpose of this paragraph means (i) a place or | ||||||
22 | structure that is included or eligible for inclusion on the | ||||||
23 | National Register of Historic Places or (ii) a contributing | ||||||
24 | structure in a district on the National Register of Historic | ||||||
25 | Places. This paragraph does not apply to a place or structure | ||||||
26 | for which demolition, removal, or modification is subject to |
| |||||||
| |||||||
1 | review by the preservation agency of a Certified Local | ||||||
2 | Government designated as such by the National Park Service of | ||||||
3 | the United States Department of the Interior. | ||||||
4 | If a special service area has been established pursuant to
| ||||||
5 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
6 | Law, then any
tax increment revenues derived
from the tax | ||||||
7 | imposed pursuant to the Special Service Area Tax Act or | ||||||
8 | Special
Service Area Tax Law may
be used within the | ||||||
9 | redevelopment project area for the purposes permitted by
that | ||||||
10 | Act or Law as well as the purposes permitted by this Act.
| ||||||
11 | (q-1) For redevelopment project areas created pursuant to | ||||||
12 | subsection (p-1), redevelopment project costs are limited to | ||||||
13 | those costs in paragraph (q) that are related to the existing | ||||||
14 | or proposed Regional Transportation Authority Suburban Transit | ||||||
15 | Access Route (STAR Line) station. | ||||||
16 | (q-2) For a transit facility improvement area established | ||||||
17 | prior to, on, or after the effective date of this amendatory | ||||||
18 | Act of the 102nd General Assembly: (i) "redevelopment project | ||||||
19 | costs" means those costs described in subsection (q) that are | ||||||
20 | related to the construction, reconstruction, rehabilitation, | ||||||
21 | remodeling, or repair of any existing or proposed transit | ||||||
22 | facility, whether that facility is located within or outside | ||||||
23 | the boundaries of a redevelopment project area established | ||||||
24 | within that transit facility improvement area (and, to the | ||||||
25 | extent a redevelopment project cost is described in subsection | ||||||
26 | (q) as incurred or estimated to be incurred with respect to a |
| |||||||
| |||||||
1 | redevelopment project area, then it shall apply with respect | ||||||
2 | to such transit facility improvement area); and (ii) the | ||||||
3 | provisions of Section 11-74.4-8 regarding tax increment | ||||||
4 | allocation financing for a redevelopment project area located | ||||||
5 | in a transit facility improvement area shall apply only to the | ||||||
6 | lots, blocks, tracts and parcels of real property that are | ||||||
7 | located within the boundaries of that redevelopment project | ||||||
8 | area and not to the lots, blocks, tracts, and parcels of real | ||||||
9 | property that are located outside the boundaries of that | ||||||
10 | redevelopment project area. | ||||||
11 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
12 | project area or
the amended redevelopment project area | ||||||
13 | boundaries which are determined
pursuant to subsection (9) of | ||||||
14 | Section 11-74.4-8a of this
Act. The Department of Revenue | ||||||
15 | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | ||||||
16 | the appropriate boundaries eligible for the
determination of | ||||||
17 | State Sales Tax Increment.
| ||||||
18 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
19 | the increase
in the aggregate amount of taxes paid by | ||||||
20 | retailers and servicemen, other
than retailers and servicemen | ||||||
21 | subject to the Public Utilities Act,
on transactions at places | ||||||
22 | of business located within a State Sales Tax
Boundary pursuant | ||||||
23 | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
24 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
25 | except such
portion of such increase that is paid into the | ||||||
26 | State and Local Sales Tax
Reform Fund, the Local Government |
| |||||||
| |||||||
1 | Distributive Fund, the Local
Government Tax Fund and the | ||||||
2 | County and Mass Transit District Fund, for as
long as State | ||||||
3 | participation exists, over and above the Initial Sales Tax
| ||||||
4 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
5 | Initial Sales
Tax Amounts for such taxes as certified by the | ||||||
6 | Department of Revenue and
paid under those Acts by retailers | ||||||
7 | and servicemen on transactions at places
of business located | ||||||
8 | within the State Sales Tax Boundary during the base
year which | ||||||
9 | shall be the calendar year immediately prior to the year in
| ||||||
10 | which the municipality adopted tax increment allocation | ||||||
11 | financing, less
3.0% of such amounts generated under the | ||||||
12 | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | ||||||
13 | Act and the Service Occupation Tax Act, which
sum shall be | ||||||
14 | appropriated to the Department of Revenue to cover its costs
| ||||||
15 | of administering and enforcing this Section. For purposes of | ||||||
16 | computing the
aggregate amount of such taxes for base years | ||||||
17 | occurring prior to 1985, the
Department of Revenue shall | ||||||
18 | compute the Initial Sales Tax Amount for such
taxes and deduct | ||||||
19 | therefrom an amount equal to 4% of the aggregate amount of
| ||||||
20 | taxes per year for each year the base year is prior to 1985, | ||||||
21 | but not to
exceed a total deduction of 12%. The amount so | ||||||
22 | determined shall be known
as the "Adjusted Initial Sales Tax | ||||||
23 | Amount". For purposes of determining the
State Sales Tax | ||||||
24 | Increment the Department of Revenue shall for each period
| ||||||
25 | subtract from the tax amounts received from retailers and | ||||||
26 | servicemen on
transactions located in the State Sales Tax |
| |||||||
| |||||||
1 | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | ||||||
2 | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | ||||||
3 | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
4 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
5 | State
Fiscal Year 1989 this calculation shall be made by | ||||||
6 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
7 | received. For the State Fiscal Year
1990, this calculation | ||||||
8 | shall be made by utilizing the period from January
1, 1988, | ||||||
9 | until September 30, 1988, to determine the tax amounts | ||||||
10 | received
from retailers and servicemen, which shall have | ||||||
11 | deducted therefrom
nine-twelfths of the certified Initial | ||||||
12 | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | ||||||
13 | Revised Initial Sales Tax Amounts as appropriate.
For the | ||||||
14 | State Fiscal Year 1991, this calculation shall be made by | ||||||
15 | utilizing
the period from October 1, 1988, until June 30, | ||||||
16 | 1989, to determine the tax
amounts received from retailers and | ||||||
17 | servicemen, which shall have
deducted therefrom nine-twelfths | ||||||
18 | of the certified Initial State Sales Tax
Amounts, Adjusted | ||||||
19 | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | ||||||
20 | Amounts as appropriate. For every State Fiscal Year | ||||||
21 | thereafter, the
applicable period shall be the 12 months | ||||||
22 | beginning July 1 and ending on
June 30, to determine the tax | ||||||
23 | amounts received which shall have deducted
therefrom the | ||||||
24 | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| ||||||
25 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
26 | Municipalities
intending to receive a distribution of State |
| |||||||
| |||||||
1 | Sales Tax Increment must
report a list of retailers to the | ||||||
2 | Department of Revenue by October 31, 1988
and by July 31, of | ||||||
3 | each year thereafter.
| ||||||
4 | (t) "Taxing districts" means counties, townships, cities | ||||||
5 | and incorporated
towns and villages, school, road, park, | ||||||
6 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
7 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
8 | and any other municipal corporations or districts with the | ||||||
9 | power
to levy taxes.
| ||||||
10 | (u) "Taxing districts' capital costs" means those costs of | ||||||
11 | taxing districts
for capital improvements that are found by | ||||||
12 | the municipal corporate authorities
to be necessary and | ||||||
13 | directly result from the redevelopment project.
| ||||||
14 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
15 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
16 | of real property without
industrial, commercial, and | ||||||
17 | residential buildings which has not been used
for commercial | ||||||
18 | agricultural purposes within 5 years prior to the
designation | ||||||
19 | of the redevelopment project area, unless the parcel
is | ||||||
20 | included in an industrial park conservation area or the parcel | ||||||
21 | has
been subdivided; provided that if the parcel was part of a | ||||||
22 | larger tract that
has been divided into 3 or more smaller | ||||||
23 | tracts that were accepted for
recording during the period from | ||||||
24 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
25 | subdivided, and all proceedings and actions of the | ||||||
26 | municipality
taken in that connection with respect to any |
| |||||||
| |||||||
1 | previously approved or designated
redevelopment project area | ||||||
2 | or amended redevelopment project area are hereby
validated and | ||||||
3 | hereby declared to be legally sufficient for all purposes of | ||||||
4 | this
Act.
For purposes of this Section and only for land | ||||||
5 | subject to
the subdivision requirements of the Plat Act, land | ||||||
6 | is subdivided when the
original plat of
the proposed | ||||||
7 | Redevelopment Project Area or relevant portion thereof has
| ||||||
8 | been
properly certified, acknowledged, approved, and recorded | ||||||
9 | or filed in accordance
with the Plat Act and a preliminary | ||||||
10 | plat, if any, for any subsequent phases of
the
proposed | ||||||
11 | Redevelopment Project Area or relevant portion thereof has | ||||||
12 | been
properly approved and filed in accordance with the | ||||||
13 | applicable ordinance of the
municipality.
| ||||||
14 | (w) "Annual Total Increment" means the sum of each | ||||||
15 | municipality's
annual Net Sales Tax Increment and each | ||||||
16 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
17 | the Annual Total Increment of each
municipality to the Annual | ||||||
18 | Total Increment for all municipalities, as most
recently | ||||||
19 | calculated by the Department, shall determine the proportional
| ||||||
20 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
21 | each
municipality.
| ||||||
22 | (x) "LEED certified" means any certification level of | ||||||
23 | construction elements by a qualified Leadership in Energy and | ||||||
24 | Environmental Design Accredited Professional as determined by | ||||||
25 | the U.S. Green Building Council. | ||||||
26 | (y) "Green Globes certified" means any certification level |
| |||||||
| |||||||
1 | of construction elements by a qualified Green Globes | ||||||
2 | Professional as determined by the Green Building Initiative. | ||||||
3 | (Source: P.A. 102-627, eff. 8-27-21.)
| ||||||
4 | (65 ILCS 5/11-74.4-3.5)
| ||||||
5 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
6 | projects. | ||||||
7 | (a) Unless otherwise stated in this Section, the estimated | ||||||
8 | dates of completion
of the redevelopment project and | ||||||
9 | retirement of obligations issued to finance
redevelopment | ||||||
10 | project costs (including refunding bonds under Section | ||||||
11 | 11-74.4-7) may not be
later than December 31 of the year in | ||||||
12 | which the payment to the municipal
treasurer, as provided in | ||||||
13 | subsection (b) of Section 11-74.4-8 of this Act, is to
be made | ||||||
14 | with respect to ad valorem taxes levied in the 23rd
calendar | ||||||
15 | year after the year in which the ordinance approving the
| ||||||
16 | redevelopment project area was adopted if the ordinance was | ||||||
17 | adopted on or after
January 15, 1981. | ||||||
18 | (a-5) If the redevelopment project area is located within | ||||||
19 | a transit facility improvement area established pursuant to | ||||||
20 | Section 11-74.4-3, the estimated dates of completion of the | ||||||
21 | redevelopment project and retirement of obligations issued to | ||||||
22 | finance redevelopment project costs (including refunding bonds | ||||||
23 | under Section 11-74.4-7) may not be later than December 31 of | ||||||
24 | the year in which the payment to the municipal treasurer, as | ||||||
25 | provided in subsection (b) of Section 11-74.4-8 of this Act, |
| |||||||
| |||||||
1 | is to be made with respect to ad valorem taxes levied in the | ||||||
2 | 35th calendar year after the year in which the ordinance | ||||||
3 | approving the redevelopment project area was adopted. | ||||||
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 August 12, 2016 (the effective date of Public Act | ||||||
9 | 99-792). In such case: (i) the provisions of this Division | ||||||
10 | 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 | ||||||
4 | was 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 | ||||||
14 | was 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 | ||||||
24 | was 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 any of | ||||||
6 | the following calendar years after the year in which the | ||||||
7 | ordinance approving the redevelopment project area was | ||||||
8 | adopted, up to (i) the 35th calendar
year after the year in | ||||||
9 | which the ordinance approving the
redevelopment project area | ||||||
10 | was adopted if a reference to that ordinance is added to this | ||||||
11 | Section on or before June 30, 2023 and (ii) the 33rd calendar | ||||||
12 | year after the year in which the ordinance approving the | ||||||
13 | redevelopment project area was adopted if a reference to that | ||||||
14 | ordinance is added to this Section on or after July 1, 2023 : | ||||||
15 | (1) If the ordinance was adopted before January 15, | ||||||
16 | 1981. | ||||||
17 | (2) If the ordinance was adopted in December 1983, | ||||||
18 | April 1984, July 1985,
or December 1989. | ||||||
19 | (3) If the ordinance was adopted in December 1987 and | ||||||
20 | the redevelopment
project is located within one mile of | ||||||
21 | Midway Airport. | ||||||
22 | (4) If the ordinance was adopted before January 1, | ||||||
23 | 1987 by a municipality in
Mason County. | ||||||
24 | (5) If the municipality is subject to the Local | ||||||
25 | Government Financial Planning
and Supervision Act or the | ||||||
26 | Financially Distressed City Law. |
| |||||||
| |||||||
1 | (6) If the ordinance was adopted in December 1984 by | ||||||
2 | the Village of Rosemont. | ||||||
3 | (7) If the ordinance was adopted on December 31, 1986 | ||||||
4 | by a municipality
located in Clinton County for which at | ||||||
5 | least $250,000 of tax increment
bonds were authorized on | ||||||
6 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
7 | 31, 1986 by a municipality with a population in 1990 of | ||||||
8 | less than
3,600 that is located in a county with a | ||||||
9 | population in 1990 of less than
34,000 and for which at | ||||||
10 | least $250,000 of tax increment bonds were authorized
on | ||||||
11 | June 17, 1997. | ||||||
12 | (8) If the ordinance was adopted on October 5, 1982 by | ||||||
13 | the City of Kankakee, or if the ordinance was adopted on | ||||||
14 | December 29, 1986 by East St. Louis. | ||||||
15 | (9) If
the ordinance was adopted on November 12, 1991 | ||||||
16 | by the Village of Sauget. | ||||||
17 | (10) If the ordinance was
adopted on February 11, 1985 | ||||||
18 | by the City of Rock Island. | ||||||
19 | (11) If the ordinance was adopted before December 18, | ||||||
20 | 1986 by the City of
Moline. | ||||||
21 | (12) If the ordinance was adopted in September 1988 by | ||||||
22 | Sauk Village. | ||||||
23 | (13) If the ordinance was adopted in October 1993 by | ||||||
24 | Sauk Village. | ||||||
25 | (14) If the ordinance was adopted on December 29, 1986 | ||||||
26 | by the City of Galva. |
| |||||||
| |||||||
1 | (15) If the ordinance was adopted in March 1991 by the | ||||||
2 | City of Centreville. | ||||||
3 | (16) If the ordinance was adopted on January 23, 1991
| ||||||
4 | by the City of East St. Louis. | ||||||
5 | (17) If the ordinance was adopted on December 22, 1986 | ||||||
6 | by the City of Aledo. | ||||||
7 | (18) If the ordinance was adopted on February 5, 1990 | ||||||
8 | by the City of Clinton. | ||||||
9 | (19) If the ordinance was adopted on September 6, 1994 | ||||||
10 | by the City of Freeport. | ||||||
11 | (20) If the ordinance was adopted on December 22, 1986 | ||||||
12 | by the City of Tuscola. | ||||||
13 | (21) If the ordinance was adopted on December 23, 1986 | ||||||
14 | by the City of Sparta. | ||||||
15 | (22) If the ordinance was adopted on December 23, 1986 | ||||||
16 | by the City of
Beardstown. | ||||||
17 | (23) If the ordinance was adopted on April 27, 1981, | ||||||
18 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
19 | Belleville. | ||||||
20 | (24) If the ordinance was adopted on December 29, 1986 | ||||||
21 | by the City of
Collinsville. | ||||||
22 | (25) If the ordinance was adopted on September 14, | ||||||
23 | 1994 by the
City of Alton. | ||||||
24 | (26) If the ordinance was adopted on November 11, 1996 | ||||||
25 | by the
City of Lexington. | ||||||
26 | (27) If the ordinance was adopted on November 5, 1984 |
| |||||||
| |||||||
1 | by
the City of LeRoy. | ||||||
2 | (28) If the ordinance was adopted on April 3, 1991 or
| ||||||
3 | June 3, 1992 by the City of Markham. | ||||||
4 | (29) If the ordinance was adopted on November 11, 1986 | ||||||
5 | by the City of Pekin. | ||||||
6 | (30) If the ordinance was adopted on December 15, 1981 | ||||||
7 | by the City of Champaign. | ||||||
8 | (31) If the ordinance was adopted on December 15, 1986 | ||||||
9 | by the City of Urbana. | ||||||
10 | (32) If the ordinance was adopted on December 15, 1986 | ||||||
11 | by the Village of Heyworth. | ||||||
12 | (33) If the ordinance was adopted on February 24, 1992 | ||||||
13 | by the Village of Heyworth. | ||||||
14 | (34) If the ordinance was adopted on March 16, 1995 by | ||||||
15 | the Village of Heyworth. | ||||||
16 | (35) If the ordinance was adopted on December 23, 1986 | ||||||
17 | by the Town of Cicero. | ||||||
18 | (36) If the ordinance was adopted on December 30, 1986 | ||||||
19 | by the City of Effingham. | ||||||
20 | (37) If the ordinance was adopted on May 9, 1991 by the | ||||||
21 | Village of
Tilton. | ||||||
22 | (38) If the ordinance was adopted on October 20, 1986 | ||||||
23 | by the City of Elmhurst. | ||||||
24 | (39) If the ordinance was adopted on January 19, 1988 | ||||||
25 | by the City of
Waukegan. | ||||||
26 | (40) If the ordinance was adopted on September 21, |
| |||||||
| |||||||
1 | 1998 by the City of
Waukegan. | ||||||
2 | (41) If the ordinance was adopted on December 31, 1986 | ||||||
3 | by the City of Sullivan. | ||||||
4 | (42) If the ordinance was adopted on December 23, 1991 | ||||||
5 | by the City of Sullivan. | ||||||
6 | (43) If the ordinance was adopted on December 31, 1986 | ||||||
7 | by the City of Oglesby. | ||||||
8 | (44) If the ordinance was adopted on July 28, 1987 by | ||||||
9 | the City of Marion. | ||||||
10 | (45) If the ordinance was adopted on April 23, 1990 by | ||||||
11 | the City of Marion. | ||||||
12 | (46) If the ordinance was adopted on August 20, 1985 | ||||||
13 | by the Village of Mount Prospect. | ||||||
14 | (47) If the ordinance was adopted on February 2, 1998 | ||||||
15 | by the Village of Woodhull. | ||||||
16 | (48) If the ordinance was adopted on April 20, 1993 by | ||||||
17 | the Village of Princeville. | ||||||
18 | (49) If the ordinance was adopted on July 1, 1986 by | ||||||
19 | the City of Granite City. | ||||||
20 | (50) If the ordinance was adopted on February 2, 1989 | ||||||
21 | by the Village of Lombard. | ||||||
22 | (51) If the ordinance was adopted on December 29, 1986 | ||||||
23 | by the Village of Gardner. | ||||||
24 | (52) If the ordinance was adopted on July 14, 1999 by | ||||||
25 | the Village of Paw Paw. | ||||||
26 | (53) If the ordinance was adopted on November 17, 1986 |
| |||||||
| |||||||
1 | by the Village of Franklin Park. | ||||||
2 | (54) If the ordinance was adopted on November 20, 1989 | ||||||
3 | by the Village of South Holland. | ||||||
4 | (55) If the ordinance was adopted on July 14, 1992 by | ||||||
5 | the Village of Riverdale. | ||||||
6 | (56) If the ordinance was adopted on December 29, 1986 | ||||||
7 | by the City of Galesburg. | ||||||
8 | (57) If the ordinance was adopted on April 1, 1985 by | ||||||
9 | the City of Galesburg. | ||||||
10 | (58) If the ordinance was adopted on May 21, 1990 by | ||||||
11 | the City of West Chicago. | ||||||
12 | (59) If the ordinance was adopted on December 16, 1986 | ||||||
13 | by the City of Oak Forest. | ||||||
14 | (60) If the ordinance was adopted in 1999 by the City | ||||||
15 | of Villa Grove. | ||||||
16 | (61) If the ordinance was adopted on January 13, 1987 | ||||||
17 | by the Village of Mt. Zion. | ||||||
18 | (62) If the ordinance was adopted on December 30, 1986 | ||||||
19 | by the Village of Manteno. | ||||||
20 | (63) If the ordinance was adopted on April 3, 1989 by | ||||||
21 | the City of Chicago Heights. | ||||||
22 | (64) If the ordinance was adopted on January 6, 1999 | ||||||
23 | by the Village of Rosemont. | ||||||
24 | (65) If the ordinance was adopted on December 19, 2000 | ||||||
25 | by the Village of Stone Park. | ||||||
26 | (66) If the ordinance was adopted on December 22, 1986 |
| |||||||
| |||||||
1 | by the City of DeKalb. | ||||||
2 | (67) If the ordinance was adopted on December 2, 1986 | ||||||
3 | by the City of Aurora.
| ||||||
4 | (68) If the ordinance was adopted on December 31, 1986 | ||||||
5 | by the Village of Milan. | ||||||
6 | (69) If the ordinance was adopted on September 8, 1994 | ||||||
7 | by the City of West Frankfort. | ||||||
8 | (70) If the ordinance was adopted on December 23, 1986 | ||||||
9 | by the Village of Libertyville. | ||||||
10 | (71) If the ordinance was adopted on December 22, 1986 | ||||||
11 | by the Village of Hoffman Estates.
| ||||||
12 | (72) If the ordinance was adopted on September 17, | ||||||
13 | 1986 by the Village of Sherman.
| ||||||
14 | (73) If the ordinance was adopted on December 16, 1986 | ||||||
15 | by the City of Macomb. | ||||||
16 | (74) If the ordinance was adopted on June 11, 2002 by | ||||||
17 | the City of East Peoria to create the West Washington | ||||||
18 | Street TIF. | ||||||
19 | (75) If the ordinance was adopted on June 11, 2002 by | ||||||
20 | the City of East Peoria to create the Camp Street TIF.
| ||||||
21 | (76) If the ordinance was adopted on August 7, 2000 by | ||||||
22 | the City of Des Plaines. | ||||||
23 | (77) If the ordinance was adopted on December 22, 1986 | ||||||
24 | by the City of Washington to create the Washington Square | ||||||
25 | TIF #2. | ||||||
26 | (78) If the ordinance was adopted on December 29, 1986 |
| |||||||
| |||||||
1 | by the City of Morris.
| ||||||
2 | (79) If the ordinance was adopted on July 6, 1998 by | ||||||
3 | the Village of Steeleville. | ||||||
4 | (80) If the ordinance was adopted on December 29, 1986 | ||||||
5 | by the City of Pontiac to create TIF I (the Main St TIF). | ||||||
6 | (81) If the ordinance was adopted on December 29, 1986 | ||||||
7 | by the City of Pontiac to create TIF II (the Interstate | ||||||
8 | TIF). | ||||||
9 | (82) If the ordinance was adopted on November 6, 2002 | ||||||
10 | by the City of Chicago to create the Madden/Wells TIF | ||||||
11 | District. | ||||||
12 | (83) If the ordinance was adopted on November 4, 1998 | ||||||
13 | by the City of Chicago to create the Roosevelt/Racine TIF | ||||||
14 | District. | ||||||
15 | (84) If the ordinance was adopted on June 10, 1998 by | ||||||
16 | the City of Chicago to create the Stony Island | ||||||
17 | Commercial/Burnside Industrial Corridors TIF District. | ||||||
18 | (85) If the ordinance was adopted on November 29, 1989 | ||||||
19 | by the City of Chicago to create the Englewood Mall TIF | ||||||
20 | District. | ||||||
21 | (86) If the ordinance was adopted on December 27, 1986 | ||||||
22 | by the City of Mendota. | ||||||
23 | (87) If the ordinance was adopted on December 31, 1986 | ||||||
24 | by the Village of Cahokia. | ||||||
25 | (88) If the ordinance was adopted on September 20, | ||||||
26 | 1999 by the City of Belleville. |
| |||||||
| |||||||
1 | (89) If the ordinance was adopted on December 30, 1986 | ||||||
2 | by the Village of Bellevue to create the Bellevue TIF | ||||||
3 | District 1. | ||||||
4 | (90) If the ordinance was adopted on December 13, 1993 | ||||||
5 | by the Village of Crete. | ||||||
6 | (91) If the ordinance was adopted on February 12, 2001 | ||||||
7 | by the Village of Crete. | ||||||
8 | (92) If the ordinance was adopted on April 23, 2001 by | ||||||
9 | the Village of Crete. | ||||||
10 | (93) If the ordinance was adopted on December 16, 1986 | ||||||
11 | by the City of Champaign. | ||||||
12 | (94) If the ordinance was adopted on December 20, 1986 | ||||||
13 | by the City of Charleston. | ||||||
14 | (95) If the ordinance was adopted on June 6, 1989 by | ||||||
15 | the Village of Romeoville. | ||||||
16 | (96) If the ordinance was adopted on October 14, 1993 | ||||||
17 | and amended on August 2, 2010 by the City of Venice. | ||||||
18 | (97) If the ordinance was adopted on June 1, 1994 by | ||||||
19 | the City of Markham. | ||||||
20 | (98) If the ordinance was adopted on May 19, 1998 by | ||||||
21 | the Village of Bensenville. | ||||||
22 | (99) If the ordinance was adopted on November 12, 1987 | ||||||
23 | by the City of Dixon. | ||||||
24 | (100) If the ordinance was adopted on December 20, | ||||||
25 | 1988 by the Village of Lansing. | ||||||
26 | (101) If the ordinance was adopted on October 27, 1998 |
| |||||||
| |||||||
1 | by the City of Moline. | ||||||
2 | (102) If the ordinance was adopted on May 21, 1991 by | ||||||
3 | the Village of Glenwood. | ||||||
4 | (103) If the ordinance was adopted on January 28, 1992 | ||||||
5 | by the City of East Peoria. | ||||||
6 | (104) If the ordinance was adopted on December 14, | ||||||
7 | 1998 by the City of Carlyle. | ||||||
8 | (105) If the ordinance was adopted on May 17, 2000, as | ||||||
9 | subsequently amended, by the City of Chicago to create the | ||||||
10 | Midwest Redevelopment TIF District. | ||||||
11 | (106) If the ordinance was adopted on September 13, | ||||||
12 | 1989 by the City of Chicago to create the Michigan/Cermak | ||||||
13 | Area TIF District. | ||||||
14 | (107) If the ordinance was adopted on March 30, 1992 | ||||||
15 | by the Village of Ohio. | ||||||
16 | (108) If the ordinance was adopted on July 6, 1998 by | ||||||
17 | the Village of Orangeville. | ||||||
18 | (109) If the ordinance was adopted on December 16, | ||||||
19 | 1997 by the Village of Germantown. | ||||||
20 | (110) If the ordinance was adopted on April 28, 2003 | ||||||
21 | by Gibson City. | ||||||
22 | (111) If the ordinance was adopted on December 18, | ||||||
23 | 1990 by the Village of Washington Park, but only after the | ||||||
24 | Village of Washington Park becomes compliant with the | ||||||
25 | reporting requirements under subsection (d) of Section | ||||||
26 | 11-74.4-5, and after the State Comptroller's certification |
| |||||||
| |||||||
1 | of such compliance. | ||||||
2 | (112) If the ordinance was adopted on February 28, | ||||||
3 | 2000 by the City of Harvey. | ||||||
4 | (113) If the ordinance was adopted on January 11, 1991 | ||||||
5 | by the City of Chicago to create the Read/Dunning TIF | ||||||
6 | District. | ||||||
7 | (114) If the ordinance was adopted on July 24, 1991 by | ||||||
8 | the City of Chicago to create the Sanitary and Ship Canal | ||||||
9 | TIF District. | ||||||
10 | (115) If the ordinance was adopted on December 4, 2007 | ||||||
11 | by the City of Naperville. | ||||||
12 | (116) If the ordinance was adopted on July 1, 2002 by | ||||||
13 | the Village of Arlington Heights. | ||||||
14 | (117) If the ordinance was adopted on February 11, | ||||||
15 | 1991 by the Village of Machesney Park. | ||||||
16 | (118) If the ordinance was adopted on December 29, | ||||||
17 | 1993 by the City of Ottawa. | ||||||
18 | (119) If the ordinance was adopted on June 4, 1991 by | ||||||
19 | the Village of Lansing. | ||||||
20 | (120) If the ordinance was adopted on February 10, | ||||||
21 | 2004 by the Village of Fox Lake. | ||||||
22 | (121) If the ordinance was adopted on December 22, | ||||||
23 | 1992 by the City of Fairfield. | ||||||
24 | (122) If the ordinance was adopted on February 10, | ||||||
25 | 1992 by the City of Mt. Sterling. | ||||||
26 | (123) If the ordinance was adopted on March 15, 2004 |
| |||||||
| |||||||
1 | by the City of Batavia. | ||||||
2 | (124) If the ordinance was adopted on March 18, 2002 | ||||||
3 | by the Village of Lake Zurich. | ||||||
4 | (125) If the ordinance was adopted on September 23, | ||||||
5 | 1997 by the City of Granite City. | ||||||
6 | (126) If the ordinance was adopted on May 8, 2013 by | ||||||
7 | the Village of Rosemont to create the Higgins Road/River | ||||||
8 | Road TIF District No. 6. | ||||||
9 | (127) If the ordinance was adopted on November 22, | ||||||
10 | 1993 by the City of Arcola. | ||||||
11 | (128) If the ordinance was adopted on September 7, | ||||||
12 | 2004 by the City of Arcola. | ||||||
13 | (129) If the ordinance was adopted on November 29, | ||||||
14 | 1999 by the City of Paris. | ||||||
15 | (130) If the ordinance was adopted on September 20, | ||||||
16 | 1994 by the City of Ottawa to create the U.S. Route 6 East | ||||||
17 | Ottawa TIF. | ||||||
18 | (131) If the ordinance was adopted on May 2, 2002 by | ||||||
19 | the Village of Crestwood. | ||||||
20 | (132) If the ordinance was adopted on October 27, 1992 | ||||||
21 | by the City of Blue Island. | ||||||
22 | (133) If the ordinance was adopted on December 23, | ||||||
23 | 1993 by the City of Lacon. | ||||||
24 | (134) If the ordinance was adopted on May 4, 1998 by | ||||||
25 | the Village of Bradford. | ||||||
26 | (135) If the ordinance was adopted on June 11, 2002 by |
| |||||||
| |||||||
1 | the City of Oak Forest. | ||||||
2 | (136) If the ordinance was adopted on November 16, | ||||||
3 | 1992 by the City of Pinckneyville. | ||||||
4 | (137) If the ordinance was adopted on March 1, 2001 by | ||||||
5 | the Village of South Jacksonville. | ||||||
6 | (138) If the ordinance was adopted on February 26, | ||||||
7 | 1992 by the City of Chicago to create the Stockyards | ||||||
8 | Southeast Quadrant TIF District. | ||||||
9 | (139) If the ordinance was adopted on January 25, 1993 | ||||||
10 | by the City of LaSalle. | ||||||
11 | (140) If the ordinance was adopted on December 23, | ||||||
12 | 1997 by the Village of Dieterich. | ||||||
13 | (141) If the ordinance was adopted on February 10, | ||||||
14 | 2016 by the Village of Rosemont to create the | ||||||
15 | Balmoral/Pearl TIF No. 8 Tax Increment Financing | ||||||
16 | Redevelopment Project Area. | ||||||
17 | (142) If the ordinance was adopted on June 11, 2002 by | ||||||
18 | the City of Oak Forest. | ||||||
19 | (143) If the ordinance was adopted on January 31, 1995 | ||||||
20 | by the Village of Milledgeville. | ||||||
21 | (144) If the ordinance was adopted on February 5, 1996 | ||||||
22 | by the Village of Pearl City. | ||||||
23 | (145) If the ordinance was adopted on December 21, | ||||||
24 | 1994 by the City of Calumet City. | ||||||
25 | (146) If the ordinance was adopted on May 5, 2003 by | ||||||
26 | the Town of Normal. |
| |||||||
| |||||||
1 | (147) If the ordinance was adopted on June 2, 1998 by | ||||||
2 | the City of Litchfield. | ||||||
3 | (148) If the ordinance was adopted on October 23, 1995 | ||||||
4 | by the City of Marion. | ||||||
5 | (149) If the ordinance was adopted on May 24, 2001 by | ||||||
6 | the Village of Hanover Park. | ||||||
7 | (150) If the ordinance was adopted on May 30, 1995 by | ||||||
8 | the Village of Dalzell. | ||||||
9 | (151) If the ordinance was adopted on April 15, 1997 | ||||||
10 | by the City of Edwardsville. | ||||||
11 | (152) If the ordinance was adopted on September 5, | ||||||
12 | 1995 by the City of Granite City. | ||||||
13 | (153) If the ordinance was adopted on June 21, 1999 by | ||||||
14 | the Village of Table Grove. | ||||||
15 | (154) If the ordinance was adopted on February 23, | ||||||
16 | 1995 by the City of Springfield. | ||||||
17 | (155) If the ordinance was adopted on August 11, 1999 | ||||||
18 | by the City of Monmouth. | ||||||
19 | (156) If the ordinance was adopted on December 26, | ||||||
20 | 1995 by the Village of Posen. | ||||||
21 | (157) If the ordinance was adopted on July 1, 1995 by | ||||||
22 | the Village of Caseyville. | ||||||
23 | (158) If the ordinance was adopted on January 30, 1996 | ||||||
24 | by the City of Madison. | ||||||
25 | (159) If the ordinance was adopted on February 2, 1996 | ||||||
26 | by the Village of Hartford. |
| |||||||
| |||||||
1 | (160) If the ordinance was adopted on July 2, 1996 by | ||||||
2 | the Village of Manlius. | ||||||
3 | (161) If the ordinance was adopted on March 21, 2000 | ||||||
4 | by the City of Hoopeston. | ||||||
5 | (162) If the ordinance was adopted on March 22, 2005 | ||||||
6 | by the City of Hoopeston. | ||||||
7 | (163) If the ordinance was adopted on July 10, 1996 by | ||||||
8 | the City of Chicago to create the Goose Island TIF | ||||||
9 | District. | ||||||
10 | (164) If the ordinance was adopted on December 11, | ||||||
11 | 1996 by the City of Chicago to create the Bryn | ||||||
12 | Mawr/Broadway TIF District. | ||||||
13 | (165) If the ordinance was adopted on December 31, | ||||||
14 | 1995 by the City of Chicago to create the 95th/Western TIF | ||||||
15 | District. | ||||||
16 | (166) If the ordinance was adopted on October 7, 1998 | ||||||
17 | by the City of Chicago to create the 71st and Stony Island | ||||||
18 | TIF District. | ||||||
19 | (167) If the ordinance was adopted on April 19, 1995 | ||||||
20 | by the Village of North Utica. | ||||||
21 | (168) If the ordinance was adopted on April 22, 1996 | ||||||
22 | by the City of LaSalle. | ||||||
23 | (169) If the ordinance was adopted on June 9, 2008 by | ||||||
24 | the City of Country Club Hills. | ||||||
25 | (170) If the ordinance was adopted on July 3, 1996 by | ||||||
26 | the Village of Phoenix. |
| |||||||
| |||||||
1 | (171) If the ordinance was adopted on May 19, 1997 by | ||||||
2 | the Village of Swansea. | ||||||
3 | (172) If the ordinance was adopted on August 13, 2001 | ||||||
4 | by the Village of Saunemin. | ||||||
5 | (173) If the ordinance was adopted on January 10, 2005 | ||||||
6 | by the Village of Romeoville. | ||||||
7 | (174) If the ordinance was adopted on January 28, 1997 | ||||||
8 | by the City of Berwyn for the South Berwyn Corridor Tax | ||||||
9 | Increment Financing District. | ||||||
10 | (175) If the ordinance was adopted on January 28, 1997 | ||||||
11 | by the City of Berwyn for the Roosevelt Road Tax Increment | ||||||
12 | Financing District. | ||||||
13 | (176) If the ordinance was adopted on May 3, 2001 by | ||||||
14 | the Village of Hanover Park for the Village Center Tax | ||||||
15 | Increment Financing Redevelopment Project Area (TIF # 3). | ||||||
16 | (177) If the ordinance was adopted on January 1, 1996 | ||||||
17 | by the City of Savanna. | ||||||
18 | (178) If the ordinance was adopted on January 28, 2002 | ||||||
19 | by the Village of Okawville. | ||||||
20 | (179) If the ordinance was adopted on October 4, 1999 | ||||||
21 | by the City of Vandalia. | ||||||
22 | (180) If the ordinance was adopted on June 16, 2003 by | ||||||
23 | the City of Rushville. | ||||||
24 | (181) If the ordinance was adopted on December 7, 1998 | ||||||
25 | by the City of Quincy for the Central Business District | ||||||
26 | West Tax Increment Redevelopment Project Area. |
| |||||||
| |||||||
1 | (182) If the ordinance was adopted on March 27, 1997 | ||||||
2 | by the Village of Maywood approving the Roosevelt Road TIF | ||||||
3 | District. | ||||||
4 | (183) If the ordinance was adopted on March 27, 1997 | ||||||
5 | by the Village of Maywood approving the Madison | ||||||
6 | Street/Fifth Avenue TIF District. | ||||||
7 | (184) If the ordinance was adopted on November 10, | ||||||
8 | 1997 by the Village of Park Forest. | ||||||
9 | (185) If the ordinance was adopted on July 30, 1997 by | ||||||
10 | the City of Chicago to create the Near North TIF district. | ||||||
11 | (186) If the ordinance was adopted on December 1, 2000 | ||||||
12 | by the Village of Mahomet. | ||||||
13 | (187) If the ordinance was adopted on June 16, 1999 by | ||||||
14 | the Village of Washburn. | ||||||
15 | (188) If the ordinance was adopted on August 19, 1998 | ||||||
16 | by the Village of New Berlin. | ||||||
17 | (189) If the ordinance was adopted on February 5, 2002 | ||||||
18 | by the City of Highwood. | ||||||
19 | (190) If the ordinance was adopted on June 1, 1997 by | ||||||
20 | the City of Flora. | ||||||
21 | (191) If the ordinance was adopted on August 17, 1999 | ||||||
22 | by the City of Ottawa. | ||||||
23 | (192) If the ordinance was adopted on June 13, 2005 by | ||||||
24 | the City of Mount Carroll. | ||||||
25 | (193) If the ordinance was adopted on March 25, 2008 | ||||||
26 | by the Village of Elizabeth. |
| |||||||
| |||||||
1 | (194) If the ordinance was adopted on February 22, | ||||||
2 | 2000 by the City of Mount Pulaski. | ||||||
3 | (195) If the ordinance was adopted on November 21, | ||||||
4 | 2000 by the City of Effingham. | ||||||
5 | (196) If the ordinance was adopted on January 28, 2003 | ||||||
6 | by the City of Effingham. | ||||||
7 | (197) If the ordinance was adopted on February 4, 2008 | ||||||
8 | by the City of Polo. | ||||||
9 | (198) If the ordinance was adopted on August 17, 2005 | ||||||
10 | by the Village of Bellwood to create the Park Place TIF. | ||||||
11 | (199) If the ordinance was adopted on July 16, 2014 by | ||||||
12 | the Village of Bellwood to create the North-2014 TIF. | ||||||
13 | (200) If the ordinance was adopted on July 16, 2014 by | ||||||
14 | the Village of Bellwood to create the South-2014 TIF. | ||||||
15 | (201) If the ordinance was adopted on July 16, 2014 by | ||||||
16 | the Village of Bellwood to create the Central Metro-2014 | ||||||
17 | TIF. | ||||||
18 | (202) If the ordinance was adopted on September 17, | ||||||
19 | 2014 by the Village of Bellwood to create the Addison | ||||||
20 | Creek "A" (Southwest)-2014 TIF. | ||||||
21 | (203) If the ordinance was adopted on September 17, | ||||||
22 | 2014 by the Village of Bellwood to create the Addison | ||||||
23 | Creek "B" (Northwest)-2014 TIF. | ||||||
24 | (204) If the ordinance was adopted on September 17, | ||||||
25 | 2014 by the Village of Bellwood to create the Addison | ||||||
26 | Creek "C" (Northeast)-2014 TIF. |
| |||||||
| |||||||
1 | (205) If the ordinance was adopted on September 17, | ||||||
2 | 2014 by the Village of Bellwood to create the Addison | ||||||
3 | Creek "D" (Southeast)-2014 TIF. | ||||||
4 | (206) If the ordinance was adopted on June 26, 2007 by | ||||||
5 | the City of Peoria. | ||||||
6 | (207) If the ordinance was adopted on October 28, 2008 | ||||||
7 | by the City of Peoria. | ||||||
8 | (208) If the ordinance was adopted on April 4, 2000 by | ||||||
9 | the City of Joliet to create the Joliet City Center TIF | ||||||
10 | District. | ||||||
11 | (209) If the ordinance was adopted on July 8, 1998 by | ||||||
12 | the City of Chicago to create the 43rd/Cottage Grove TIF | ||||||
13 | district. | ||||||
14 | (210) If the ordinance was adopted on July 8, 1998 by | ||||||
15 | the City of Chicago to create the 79th Street Corridor TIF | ||||||
16 | district. | ||||||
17 | (211) If the ordinance was adopted on November 4, 1998 | ||||||
18 | by the City of Chicago to create the Bronzeville TIF | ||||||
19 | district. | ||||||
20 | (212) If the ordinance was adopted on February 5, 1998 | ||||||
21 | by the City of Chicago to create the Homan/Arthington TIF | ||||||
22 | district. | ||||||
23 | (213) If the ordinance was adopted on December 8, 1998 | ||||||
24 | by the Village of Plainfield. | ||||||
25 | (214) If the ordinance was adopted on July 17, 2000 by | ||||||
26 | the Village of Homer. |
| |||||||
| |||||||
1 | (215) If the ordinance was adopted on December 27, | ||||||
2 | 2006 by the City of Greenville. | ||||||
3 | (216) If the ordinance was adopted on June 10, 1998 by | ||||||
4 | the City of Chicago to create the Kinzie Industrial TIF | ||||||
5 | district. | ||||||
6 | (217) If the ordinance was adopted on December 2, 1998 | ||||||
7 | by the City of Chicago to create the Northwest Industrial | ||||||
8 | TIF district. | ||||||
9 | (218) If the ordinance was adopted on June 10, 1998 by | ||||||
10 | the City of Chicago to create the Pilsen Industrial TIF | ||||||
11 | district. | ||||||
12 | (219) If the ordinance was adopted on January 14, 1997 | ||||||
13 | by the City of Chicago to create the 35th/Halsted TIF | ||||||
14 | district. | ||||||
15 | (220) If the ordinance was adopted on June 9, 1999 by | ||||||
16 | the City of Chicago to create the Pulaski Corridor TIF | ||||||
17 | district. | ||||||
18 | (221) If the ordinance was adopted on December 16, | ||||||
19 | 1997 by the City of Springfield to create the Enos Park | ||||||
20 | Neighborhood TIF District. | ||||||
21 | (222) If the ordinance was adopted on February 5, 1998 | ||||||
22 | by the City of Chicago to create the Roosevelt/Cicero | ||||||
23 | redevelopment project area. | ||||||
24 | (223) If the ordinance was adopted on February 5, 1998 | ||||||
25 | by the City of Chicago to create the Western/Ogden | ||||||
26 | redevelopment project area. |
| |||||||
| |||||||
1 | (224) If the ordinance was adopted on July 21, 1999 by | ||||||
2 | the City of Chicago to create the 24th/Michigan Avenue | ||||||
3 | redevelopment project area. | ||||||
4 | (225) If the ordinance was adopted on January 20, 1999 | ||||||
5 | by the City of Chicago to create the Woodlawn | ||||||
6 | redevelopment project area. | ||||||
7 | (226) If the ordinance was adopted on July 7, 1999 by | ||||||
8 | the City of Chicago to create the Clark/Montrose | ||||||
9 | redevelopment project area. | ||||||
10 | (227) If the ordinance was adopted on November 4, 2003 | ||||||
11 | by the City of Madison to create the Rivers Edge | ||||||
12 | redevelopment project area. | ||||||
13 | (228) If the ordinance was adopted on August 12, 2003 | ||||||
14 | by the City of Madison to create the Caine Street | ||||||
15 | redevelopment project area. | ||||||
16 | (229) If the ordinance was adopted on March 7, 2000 by | ||||||
17 | the City of Madison to create the East Madison TIF. | ||||||
18 | (230) If the ordinance was adopted on August 3, 2001 | ||||||
19 | by the Village of Aviston. | ||||||
20 | (231) If the ordinance was adopted on August 22, 2011 | ||||||
21 | by the Village of Warren. | ||||||
22 | (232) If the ordinance was adopted on April 8, 1999 by | ||||||
23 | the City of Farmer City. | ||||||
24 | (233) If the ordinance was adopted on August 4, 1999 | ||||||
25 | by the Village of Fairmont City. | ||||||
26 | (234) If the ordinance was adopted on October 2, 1999 |
| |||||||
| |||||||
1 | by the Village of Fairmont City. | ||||||
2 | (235) If the ordinance was adopted December 16, 1999 | ||||||
3 | by the City of Springfield. | ||||||
4 | (236) If the ordinance was adopted on December 13, | ||||||
5 | 1999 by the Village of Palatine to create the Village of | ||||||
6 | Palatine Downtown Area TIF District. | ||||||
7 | (237) If the ordinance was adopted on September 29, | ||||||
8 | 1999 by the City of Chicago to create the 111th/Kedzie | ||||||
9 | redevelopment project area. | ||||||
10 | (238) If the ordinance was adopted on November 12, | ||||||
11 | 1998 by the City of Chicago to create the Canal/Congress | ||||||
12 | redevelopment project area. | ||||||
13 | (239) If the ordinance was adopted on July 7, 1999 by | ||||||
14 | the City of Chicago to create the Galewood/Armitage | ||||||
15 | Industrial redevelopment project area. | ||||||
16 | (240) If the ordinance was adopted on September 29, | ||||||
17 | 1999 by the City of Chicago to create the Madison/Austin | ||||||
18 | Corridor redevelopment project area. | ||||||
19 | (241) If the ordinance was adopted on April 12, 2000 | ||||||
20 | by the City of Chicago to create the South Chicago | ||||||
21 | redevelopment project area. | ||||||
22 | (242) If the ordinance was adopted on January 9, 2002 | ||||||
23 | by the Village of Elkhart. | ||||||
24 | (243) If the ordinance was adopted on May 23, 2000 by | ||||||
25 | the City of Robinson to create the West Robinson | ||||||
26 | Industrial redevelopment project area. |
| |||||||
| |||||||
1 | (244) If the ordinance was adopted on October 9, 2001 | ||||||
2 | by the City of Robinson to create the Downtown Robinson | ||||||
3 | redevelopment project area. | ||||||
4 | (245) If the ordinance was adopted on September 19, | ||||||
5 | 2000 by the Village of Valmeyer. | ||||||
6 | (246) If the ordinance was adopted on April 15, 2002 | ||||||
7 | by the City of McHenry to create the Downtown TIF | ||||||
8 | district. | ||||||
9 | On or after the effective date of this amendatory Act of | ||||||
10 | the 103rd General Assembly, before the completion date may be | ||||||
11 | extended under this subsection, the joint review board created | ||||||
12 | under subsection (b) of Section 11-74.4-5 shall convene and | ||||||
13 | issue a written report describing its decision whether or not | ||||||
14 | to extend the completion date of the redevelopment project | ||||||
15 | area. Each member of the joint review board must agree, with | ||||||
16 | written support, to the extension and length of the extension | ||||||
17 | of the completion date of the redevelopment project area in | ||||||
18 | order for the redevelopment project area to be extended. The | ||||||
19 | municipality shall give at least 90 days' written notice to | ||||||
20 | the taxing bodies before the adoption of the ordinance | ||||||
21 | approving the extension of the completion date. If the joint | ||||||
22 | review board does not file a report, it shall be presumed that | ||||||
23 | the taxing bodies approve the extension of the life of the | ||||||
24 | redevelopment project area. | ||||||
25 | (d) For redevelopment project areas for which bonds were | ||||||
26 | issued before
July 29, 1991, or for which contracts were |
| |||||||
| |||||||
1 | entered into before June 1,
1988, in connection with a | ||||||
2 | redevelopment project in the area within
the State Sales Tax | ||||||
3 | Boundary, the estimated dates of completion of the
| ||||||
4 | redevelopment project and retirement of obligations to finance | ||||||
5 | redevelopment
project costs (including refunding bonds under | ||||||
6 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
7 | December 31, 2013.
The termination procedures of subsection | ||||||
8 | (b) of Section 11-74.4-8 are not
required for
these | ||||||
9 | redevelopment project areas in 2009 but are required in 2013.
| ||||||
10 | The extension allowed by Public Act 87-1272 shall not apply to | ||||||
11 | real
property tax increment allocation financing under Section | ||||||
12 | 11-74.4-8. | ||||||
13 | (e) Those dates, for purposes of real property tax | ||||||
14 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
15 | only, shall be not more than 35 years
for redevelopment | ||||||
16 | project areas that were adopted on or after December 16,
1986 | ||||||
17 | and for which at least $8 million worth of municipal bonds were | ||||||
18 | authorized
on or after December 19, 1989 but before January 1, | ||||||
19 | 1990; provided that the
municipality elects to extend the life | ||||||
20 | of the redevelopment project area to 35
years by the adoption | ||||||
21 | of an ordinance after at least 14 but not more than 30
days' | ||||||
22 | written notice to the taxing bodies, that would otherwise | ||||||
23 | constitute the
joint review board for the redevelopment | ||||||
24 | project area, before the adoption of
the ordinance. | ||||||
25 | (f) Those dates, for purposes of real property tax | ||||||
26 | increment allocation
financing pursuant to Section 11-74.4-8 |
| |||||||
| |||||||
1 | only, shall be not more than 35 years
for redevelopment | ||||||
2 | project areas that were established on or after December 1,
| ||||||
3 | 1981 but before January 1, 1982 and for which at least | ||||||
4 | $1,500,000 worth of
tax increment revenue bonds were | ||||||
5 | authorized
on or after September 30, 1990 but before July 1, | ||||||
6 | 1991; provided that the
municipality elects to extend the life | ||||||
7 | of the redevelopment project area to 35
years by the adoption | ||||||
8 | of an ordinance after at least 14 but not more than 30
days' | ||||||
9 | written notice to the taxing bodies, that would otherwise | ||||||
10 | constitute the
joint review board for the redevelopment | ||||||
11 | project area, before the adoption of
the ordinance. | ||||||
12 | (f-1) (Blank). | ||||||
13 | (f-2) (Blank). | ||||||
14 | (f-3) (Blank). | ||||||
15 | (f-5) Those dates, for purposes of real property tax | ||||||
16 | increment allocation financing pursuant to Section 11-74.4-8 | ||||||
17 | only, shall be not more than 47 years for redevelopment | ||||||
18 | project areas listed in this subsection; provided that (i) the | ||||||
19 | municipality adopts an ordinance extending the life of the | ||||||
20 | redevelopment project area to 47 years and (ii) the | ||||||
21 | municipality provides notice to the taxing bodies that would | ||||||
22 | otherwise constitute the joint review board for the | ||||||
23 | redevelopment project area not more than 30 and not less than | ||||||
24 | 14 days prior to the adoption of that ordinance: | ||||||
25 | (1) If the redevelopment project area was established
| ||||||
26 | on December 29, 1981 by the City of Springfield. |
| |||||||
| |||||||
1 | (2) If the redevelopment project area was established | ||||||
2 | on December 29, 1986 by the City of Morris and that is | ||||||
3 | known as the Morris TIF District 1. | ||||||
4 | (3) If the redevelopment project area was established
| ||||||
5 | on December 31, 1986 by the Village of Cahokia. | ||||||
6 | (4) If the redevelopment project area was established
| ||||||
7 | on December 20, 1986 by the City of Charleston. | ||||||
8 | (5) If the redevelopment project area was established
| ||||||
9 | on December 23, 1986 by the City of Beardstown. | ||||||
10 | (6) If the redevelopment project area was established
| ||||||
11 | on December 23, 1986 by the Town of Cicero. | ||||||
12 | (7) If the redevelopment project area was established
| ||||||
13 | on December 29, 1986 by the City of East St. Louis. | ||||||
14 | (8) If the redevelopment project area was established
| ||||||
15 | on January 23, 1991 by the City of East St. Louis. | ||||||
16 | (9) If the redevelopment project area was established
| ||||||
17 | on December 29, 1986 by the Village of Gardner. | ||||||
18 | (10) If the redevelopment project area was established
| ||||||
19 | on June 11, 2002 by the City of East Peoria to create the | ||||||
20 | West Washington Street TIF. | ||||||
21 | (11) If the redevelopment project area was established
| ||||||
22 | on December 22, 1986 by the City of Washington creating | ||||||
23 | the Washington Square TIF #2. | ||||||
24 | (12) If the redevelopment project area was established
| ||||||
25 | on November 11, 1986 by the City of Pekin. | ||||||
26 | (13) If the redevelopment project area was established |
| |||||||
| |||||||
1 | on December 30, 1986 by the City of Belleville. | ||||||
2 | (14) If the ordinance was adopted on April 3, 1989 by | ||||||
3 | the City of Chicago Heights. | ||||||
4 | (15) If the redevelopment project area was established | ||||||
5 | on December 29, 1986 by the City of Pontiac to create TIF I | ||||||
6 | (the Main St TIF). | ||||||
7 | (16) If the redevelopment project area was established | ||||||
8 | on December 29, 1986 by the City of Pontiac to create TIF | ||||||
9 | II (the Interstate TIF). | ||||||
10 | Dates may not be extended under this subsection after
June | ||||||
11 | 30, 2023. | ||||||
12 | (g) In consolidating the material relating to completion | ||||||
13 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
14 | it is not the intent of the General Assembly to make any | ||||||
15 | substantive change in the law, except for the extension of the | ||||||
16 | completion dates for the City of Aurora, the Village of Milan,
| ||||||
17 | the City of West Frankfort, the Village of Libertyville, and | ||||||
18 | the Village of Hoffman Estates set forth under items (67),
| ||||||
19 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
20 | (Source: P.A. 101-274, eff. 8-9-19; 101-618, eff. 12-20-19; | ||||||
21 | 101-647, eff. 6-26-20; 101-662, eff. 4-2-21; 102-117, eff. | ||||||
22 | 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21; | ||||||
23 | 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff. | ||||||
24 | 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22; | ||||||
25 | 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22.)
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
| ||||||
2 | Sec. 11-74.4-5. Public hearing; joint review board. | ||||||
3 | (a) The changes made by this amendatory Act of the 91st
| ||||||
4 | 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 | ||||||
7 | fixing a time and place for a
public hearing under this Section | ||||||
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 Section 11-74.4-4, until | ||||||
13 | after that
municipality adopts an ordinance
approving | ||||||
14 | redevelopment plans and redevelopment projects or designating
| ||||||
15 | redevelopment project areas under Section 11-74.4-4; | ||||||
16 | thereafter the changes
made by this amendatory Act of the 91st | ||||||
17 | General Assembly apply to the same
extent that they apply to
| ||||||
18 | redevelopment plans and redevelopment projects that were | ||||||
19 | approved and
redevelopment projects that were designated | ||||||
20 | before the effective date of this
amendatory Act of the 91st | ||||||
21 | General Assembly.
| ||||||
22 | Prior to the adoption of an ordinance proposing the
| ||||||
23 | designation of a redevelopment project area, or approving a
| ||||||
24 | redevelopment plan or redevelopment project, the municipality | ||||||
25 | by its
corporate authorities, or as it may determine by any | ||||||
26 | commission
designated under subsection (k) of Section |
| |||||||
| |||||||
1 | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | ||||||
2 | and place for public hearing.
At least 10 days prior to the | ||||||
3 | adoption of the ordinance or resolution
establishing the time
| ||||||
4 | and place for the public hearing, the municipality shall make | ||||||
5 | available for
public inspection a redevelopment plan or a | ||||||
6 | separate report that provides in
reasonable detail the basis | ||||||
7 | for the eligibility of
the redevelopment project area. The | ||||||
8 | report along with the name of a
person to
contact for further | ||||||
9 | information shall be sent within a reasonable time
after the | ||||||
10 | adoption of such ordinance or resolution to the
affected | ||||||
11 | taxing districts
by certified mail.
On and after the effective | ||||||
12 | date of this amendatory Act of the 91st General
Assembly, the | ||||||
13 | municipality shall print in a newspaper of general circulation
| ||||||
14 | within the municipality a notice that interested persons may | ||||||
15 | register with the
municipality in order to receive information | ||||||
16 | on the proposed designation of a
redevelopment project area or | ||||||
17 | the approval of a redevelopment plan. The notice
shall state | ||||||
18 | the place of registration and the operating hours of that | ||||||
19 | place.
The municipality shall have adopted reasonable rules to | ||||||
20 | implement this
registration process under Section 11-74.4-4.2.
| ||||||
21 | The municipality shall provide notice of the availability of | ||||||
22 | the
redevelopment plan and eligibility report, including how | ||||||
23 | to obtain this
information, by mail within a reasonable time | ||||||
24 | after the adoption of the
ordinance or resolution, to all | ||||||
25 | residential addresses that, after a good faith
effort, the | ||||||
26 | municipality determines are located outside the proposed
|
| |||||||
| |||||||
1 | redevelopment project area and within 750 feet of the
| ||||||
2 | boundaries of the proposed redevelopment project area. This | ||||||
3 | requirement is
subject to the limitation that in a | ||||||
4 | municipality with a population of over
100,000, if the total | ||||||
5 | number of residential addresses outside the proposed
| ||||||
6 | redevelopment project area and within 750 feet of the
| ||||||
7 | boundaries of the proposed redevelopment project area exceeds | ||||||
8 | 750, the
municipality shall be required to provide the notice | ||||||
9 | to only the 750
residential addresses that, after a good faith | ||||||
10 | effort, the municipality
determines are outside the proposed | ||||||
11 | redevelopment project area and closest
to the boundaries of | ||||||
12 | the proposed redevelopment project
area.
Notwithstanding the | ||||||
13 | foregoing, notice given after August 7, 2001 (the
effective | ||||||
14 | date of Public Act 92-263) and before the effective date of | ||||||
15 | this
amendatory Act of the 92nd General Assembly to | ||||||
16 | residential addresses within 750
feet of the boundaries of a | ||||||
17 | proposed redevelopment project area shall be deemed
to have | ||||||
18 | been sufficiently given in compliance with this Act if given | ||||||
19 | only to
residents outside the boundaries of the proposed | ||||||
20 | redevelopment project area.
The notice shall also be provided | ||||||
21 | by the municipality, regardless of its
population, to those | ||||||
22 | organizations and residents that have registered with the
| ||||||
23 | municipality for that information in accordance with the | ||||||
24 | registration
guidelines established by the municipality under | ||||||
25 | Section 11-74.4-4.2.
| ||||||
26 | At the public hearing any
interested person or affected |
| |||||||
| |||||||
1 | taxing district may file with the
municipal clerk written | ||||||
2 | objections to and may be heard orally in respect
to any issues | ||||||
3 | embodied in the notice. The municipality shall hear all | ||||||
4 | protests
and objections at the hearing and the hearing may
be | ||||||
5 | adjourned to another date without further notice other than a | ||||||
6 | motion
to be entered upon the minutes fixing the time and place | ||||||
7 | of the
subsequent hearing.
At the public hearing or at any time | ||||||
8 | prior to the
adoption by the municipality of an ordinance | ||||||
9 | approving a redevelopment plan,
the municipality may make | ||||||
10 | changes in the redevelopment plan. Changes which (1)
add | ||||||
11 | additional parcels of property to the proposed redevelopment | ||||||
12 | project area,
(2) substantially affect the general land uses | ||||||
13 | proposed in the redevelopment
plan, (3) substantially change | ||||||
14 | the nature of or extend the life of the
redevelopment project,
| ||||||
15 | or (4) increase the number of inhabited residential units to | ||||||
16 | be displaced from the redevelopment project area, as
measured | ||||||
17 | from the time of creation of the redevelopment project area, | ||||||
18 | to a total of more than
10,
shall be made only after the
| ||||||
19 | municipality gives notice,
convenes a joint review board, and | ||||||
20 | conducts a public hearing pursuant to the
procedures set forth | ||||||
21 | in this Section and in Section 11-74.4-6 of this Act.
Changes | ||||||
22 | which do not (1) add additional parcels of property to the | ||||||
23 | proposed
redevelopment project area, (2) substantially affect | ||||||
24 | the general land uses
proposed in the redevelopment plan, (3) | ||||||
25 | substantially change the nature of
or extend the life of the | ||||||
26 | redevelopment project,
or (4) increase the number of inhabited |
| |||||||
| |||||||
1 | residential units to be displaced from the redevelopment | ||||||
2 | project area, as
measured from the time of creation of the | ||||||
3 | redevelopment project area, to a total
of more than 10,
may be | ||||||
4 | made without further
hearing, provided that the municipality | ||||||
5 | shall give notice of any such changes
by mail to each affected | ||||||
6 | taxing district and registrant on the interested
parties | ||||||
7 | registry, provided for under Section 11-74.4-4.2, and by | ||||||
8 | publication in
a newspaper of
general circulation within the | ||||||
9 | affected taxing district. Such notice by mail
and by | ||||||
10 | publication shall each occur not later than 10 days following | ||||||
11 | the
adoption by ordinance of such changes. Hearings with | ||||||
12 | regard to a redevelopment
project area, project or plan may be | ||||||
13 | held simultaneously.
| ||||||
14 | (b) Prior to holding a public hearing to approve or amend a | ||||||
15 | redevelopment
plan or to designate or add additional parcels | ||||||
16 | of property to a redevelopment
project area, the municipality
| ||||||
17 | shall convene a joint review board. The board shall consist of | ||||||
18 | a representative
selected by each community college district, | ||||||
19 | local elementary school
district and high school district or | ||||||
20 | each local community unit school
district, park district, | ||||||
21 | library district, township, fire protection
district, and | ||||||
22 | county that will have the authority to
directly levy taxes on | ||||||
23 | the property within the proposed redevelopment
project area at | ||||||
24 | the time that the proposed redevelopment project area is
| ||||||
25 | approved, a representative selected by the municipality and a | ||||||
26 | public
member. The joint review board shall also include as |
| |||||||
| |||||||
1 | nonvoting members of the board (i) a representative from a
| ||||||
2 | business association, defined for purposes of this item as a
| ||||||
3 | 501(c)(3), 501(c)(4), or 501(c)(6) organization whose primary
| ||||||
4 | mission is local small business development and primary
| ||||||
5 | revenue is derived from membership dues, appointed by a
| ||||||
6 | majority of members of the joint review board and (ii) each
| ||||||
7 | township highway commissioner. The public member shall first | ||||||
8 | be selected and then the board's
chairperson shall be selected | ||||||
9 | by
a majority of the board members present and voting.
| ||||||
10 | For redevelopment project areas with redevelopment plans | ||||||
11 | or proposed
redevelopment plans that would
result in the | ||||||
12 | displacement of residents from 10 or more inhabited | ||||||
13 | residential
units or that include 75 or more inhabited | ||||||
14 | residential units, the public member
shall be a person who | ||||||
15 | resides in the redevelopment project area. If, as
determined | ||||||
16 | by the housing impact study provided for in paragraph (5) of
| ||||||
17 | subsection (n) of Section 11-74.4-3, or if no housing impact | ||||||
18 | study is required
then based on other reasonable data, the | ||||||
19 | majority of residential units are
occupied by very low, low, | ||||||
20 | or moderate income households, as defined in Section
3 of the | ||||||
21 | Illinois Affordable Housing Act, the public member shall be a | ||||||
22 | person
who resides in very low, low, or moderate income | ||||||
23 | housing within the
redevelopment project area. Municipalities | ||||||
24 | with fewer than 15,000 residents
shall not be required to | ||||||
25 | select a person who lives in very low, low, or
moderate income | ||||||
26 | housing within the redevelopment project area, provided that
|
| |||||||
| |||||||
1 | the redevelopment plan or project will not result in | ||||||
2 | displacement of residents
from 10 or more inhabited units, and | ||||||
3 | the municipality so certifies
in the plan. If no person | ||||||
4 | satisfying these requirements is available or if no
qualified | ||||||
5 | person will serve as the public member, then the joint review | ||||||
6 | board
is relieved of this paragraph's selection requirements | ||||||
7 | for the public
member.
| ||||||
8 | Within 90 days of the effective date of this amendatory | ||||||
9 | Act of the 91st
General Assembly, each municipality that | ||||||
10 | designated a redevelopment project
area for which it was not | ||||||
11 | required to convene a joint review board under this
Section | ||||||
12 | shall convene a joint review board to perform the
duties | ||||||
13 | specified under paragraph (e) of this Section.
| ||||||
14 | All board members shall be appointed and the first board | ||||||
15 | meeting shall be
held at least 14 days but not more than 28 | ||||||
16 | days after the
mailing of notice by the
municipality to the | ||||||
17 | taxing
districts as required by Section 11-74.4-6(c).
| ||||||
18 | Notwithstanding the preceding sentence, a municipality that | ||||||
19 | adopted either a
public hearing resolution or a feasibility | ||||||
20 | resolution between July 1, 1999 and
July 1, 2000 that called | ||||||
21 | for the meeting of the joint review board within 14
days of | ||||||
22 | notice of public hearing to affected taxing districts is | ||||||
23 | deemed to be
in compliance with the notice, meeting, and | ||||||
24 | public hearing provisions of the
Act.
Such notice
shall also | ||||||
25 | advise
the taxing bodies represented on the joint review board | ||||||
26 | of the time and place
of the first meeting of the board. |
| |||||||
| |||||||
1 | Additional meetings of the
board shall be held upon the call of | ||||||
2 | any member. The municipality
seeking designation of the | ||||||
3 | redevelopment project area shall provide
administrative | ||||||
4 | support to the board.
| ||||||
5 | The board shall review (i) the public record, planning | ||||||
6 | documents and
proposed ordinances approving the redevelopment | ||||||
7 | plan and
project and (ii) proposed amendments to the | ||||||
8 | redevelopment plan or additions
of parcels of property to the | ||||||
9 | redevelopment project area to be
adopted by the municipality. | ||||||
10 | As part of its deliberations, the board may
hold additional | ||||||
11 | hearings on the proposal. A
board's recommendation shall be
an | ||||||
12 | advisory, non-binding recommendation. The recommendation shall | ||||||
13 | be adopted
by a majority of those members present and voting. | ||||||
14 | The recommendations shall
be submitted to the municipality
| ||||||
15 | within 30 days after convening of the board.
Failure of the | ||||||
16 | board to
submit
its report on a timely basis shall not be cause | ||||||
17 | to delay the public hearing
or any other step in the process of | ||||||
18 | designating or
amending the
redevelopment project area but | ||||||
19 | shall be deemed to constitute approval by the
joint review | ||||||
20 | board of the matters before it.
| ||||||
21 | The board shall base its recommendation to approve or | ||||||
22 | disapprove the
redevelopment plan and the designation of the | ||||||
23 | redevelopment project area or the
amendment of the | ||||||
24 | redevelopment plan or addition of parcels of property to the
| ||||||
25 | redevelopment project area on the basis of the redevelopment | ||||||
26 | project area and
redevelopment plan satisfying the
plan |
| |||||||
| |||||||
1 | requirements, the eligibility criteria
defined in Section | ||||||
2 | 11-74.4-3, and the objectives of this Act.
| ||||||
3 | The board shall issue a written report describing why the
| ||||||
4 | redevelopment plan and project area or the amendment thereof | ||||||
5 | meets or
fails to meet one or more of the objectives of this | ||||||
6 | Act and both the plan
requirements and the eligibility | ||||||
7 | criteria defined in Section 11-74.4-3.
In the event the Board | ||||||
8 | does not file a report it shall be presumed
that these taxing | ||||||
9 | bodies find the redevelopment project area and
redevelopment | ||||||
10 | plan satisfy the
objectives of this Act and the plan | ||||||
11 | requirements and eligibility criteria.
| ||||||
12 | If the board recommends rejection of the matters before | ||||||
13 | it, the
municipality will have 30 days within which to | ||||||
14 | resubmit the plan or amendment.
During this period, the | ||||||
15 | municipality will meet and confer with the board and
attempt | ||||||
16 | to resolve those issues set forth in the board's written | ||||||
17 | report that
led to the rejection of the plan or amendment.
| ||||||
18 | Notwithstanding the resubmission set forth above, the | ||||||
19 | municipality may
commence the scheduled public hearing and | ||||||
20 | either adjourn the public hearing or
continue the public | ||||||
21 | hearing until a date certain. Prior to continuing any
public | ||||||
22 | hearing to a date certain, the municipality shall announce | ||||||
23 | during the
public hearing the time, date, and location for the | ||||||
24 | reconvening of the public
hearing. Any changes to the | ||||||
25 | redevelopment plan necessary to satisfy the issues
set forth | ||||||
26 | in the joint review board report shall be the subject of a |
| |||||||
| |||||||
1 | public
hearing before the hearing is adjourned if the changes | ||||||
2 | would (1) substantially
affect the general land uses proposed | ||||||
3 | in the redevelopment plan, (2)
substantially change the nature | ||||||
4 | of or extend the life of the redevelopment
project, or (3) | ||||||
5 | increase the number of inhabited residential units to be
| ||||||
6 | displaced from the redevelopment project area, as
measured | ||||||
7 | from the
time of creation of the redevelopment project area, | ||||||
8 | to a total of
more than 10. Changes to the redevelopment plan | ||||||
9 | necessary
to
satisfy the issues set forth in the joint review | ||||||
10 | board report shall not require
any further notice or convening | ||||||
11 | of a joint review board meeting, except that
any changes to the | ||||||
12 | redevelopment plan that would add additional parcels of
| ||||||
13 | property to the proposed redevelopment project area shall be | ||||||
14 | subject to the
notice, public hearing, and joint review board | ||||||
15 | meeting requirements established
for such changes by | ||||||
16 | subsection (a) of Section 11-74.4-5.
| ||||||
17 | In the event that the
municipality and the board are | ||||||
18 | unable to resolve these differences, or in the
event that the | ||||||
19 | resubmitted plan or amendment is rejected by the board, the
| ||||||
20 | municipality may proceed with the plan or amendment, but only | ||||||
21 | upon a
three-fifths vote of the corporate authority | ||||||
22 | responsible for approval of the
plan or amendment, excluding | ||||||
23 | positions of members that are vacant and those
members that | ||||||
24 | are ineligible to vote because of conflicts of interest.
| ||||||
25 | After the effective date of this amendatory Act of the | ||||||
26 | 103rd General Assembly, a municipality may not enact by |
| |||||||
| |||||||
1 | ordinance a new redevelopment project area that overlaps with | ||||||
2 | an existing redevelopment project area unless the municipality | ||||||
3 | receives a report from the joint review board created under | ||||||
4 | subsection (b) of Section 11-74.4-5 approving the creation of | ||||||
5 | the new redevelopment project area. The joint review board | ||||||
6 | shall convene and issue a written report describing its | ||||||
7 | decision whether or not to allow the new redevelopment project | ||||||
8 | area to overlap with an existing redevelopment project area. | ||||||
9 | Each member of the joint review board must agree to this | ||||||
10 | decision. The municipality shall give at least 90 days' | ||||||
11 | written notice to the taxing bodies before the adoption of the | ||||||
12 | ordinance approving the creation of the new redevelopment | ||||||
13 | project area. If the joint review board does not file a report, | ||||||
14 | it shall be presumed that the taxing bodies approve the | ||||||
15 | creation of the new redevelopment project area. | ||||||
16 | (c) After a municipality has by ordinance approved a | ||||||
17 | redevelopment plan
and designated a redevelopment project | ||||||
18 | area, the plan may be amended and
additional properties may be | ||||||
19 | added to the redevelopment project area only as
herein | ||||||
20 | provided. Amendments which (1) add additional parcels of | ||||||
21 | property to
the proposed redevelopment project area, (2) | ||||||
22 | substantially affect the general
land uses proposed in the | ||||||
23 | redevelopment plan, (3) substantially change the
nature of the | ||||||
24 | redevelopment project, (4) increase the total estimated
| ||||||
25 | redevelopment
project costs set out in the redevelopment plan | ||||||
26 | by more than 5% after
adjustment for inflation from the date |
| |||||||
| |||||||
1 | the plan was adopted, (5) add
additional redevelopment project | ||||||
2 | costs to the itemized list of redevelopment
project costs set | ||||||
3 | out in the redevelopment plan, or (6) increase the number of
| ||||||
4 | inhabited residential units to be
displaced from the | ||||||
5 | redevelopment
project area, as measured from the time of | ||||||
6 | creation of
the
redevelopment project area, to a total of more | ||||||
7 | than
10, shall be made only after
the
municipality gives | ||||||
8 | notice, convenes a joint review board, and conducts a public
| ||||||
9 | hearing pursuant to the procedures set forth in this Section | ||||||
10 | and in Section
11-74.4-6 of this Act. Changes which do not (1) | ||||||
11 | add additional parcels of
property to the proposed | ||||||
12 | redevelopment project area, (2) substantially affect
the | ||||||
13 | general land uses proposed in the redevelopment plan, (3) | ||||||
14 | substantially
change the nature of the redevelopment project, | ||||||
15 | (4) increase the total
estimated redevelopment project cost | ||||||
16 | set out in the redevelopment plan by more
than 5% after | ||||||
17 | adjustment for inflation from the date the plan was adopted,
| ||||||
18 | (5) add additional redevelopment project costs to the itemized | ||||||
19 | list of
redevelopment project costs set out in the | ||||||
20 | redevelopment plan, or (6) increase
the number of inhabited | ||||||
21 | residential units to be displaced from the
redevelopment | ||||||
22 | project area, as measured from the time of
creation of
the | ||||||
23 | redevelopment project area, to a total of more than 10, may be | ||||||
24 | made
without further public hearing
and related notices and | ||||||
25 | procedures including the convening of a joint review
board as | ||||||
26 | set forth in Section 11-74.4-6 of this Act, provided that the
|
| |||||||
| |||||||
1 | municipality shall give notice of
any such changes by mail to | ||||||
2 | each affected taxing district and registrant on the
interested | ||||||
3 | parties registry, provided for under Section 11-74.4-4.2, and | ||||||
4 | by
publication in
a newspaper of general circulation within | ||||||
5 | the affected taxing district. Such
notice by mail and by | ||||||
6 | publication shall each occur not later than 10 days
following | ||||||
7 | the adoption by ordinance of such changes.
| ||||||
8 | (d) After the effective date of this amendatory Act of the | ||||||
9 | 91st General
Assembly, a
municipality shall submit in an | ||||||
10 | electronic format the
following information for each | ||||||
11 | redevelopment project area (i) to the State
Comptroller under | ||||||
12 | Section 8-8-3.5 of the Illinois Municipal Code, subject to any | ||||||
13 | extensions or exemptions provided at the Comptroller's | ||||||
14 | discretion under that Section,
and (ii) to all taxing | ||||||
15 | districts overlapping the
redevelopment project area no later | ||||||
16 | than 180
days after the close of each municipal fiscal year or | ||||||
17 | as soon thereafter as
the audited financial
statements become | ||||||
18 | available and, in any case, shall be submitted before the
| ||||||
19 | annual meeting of the Joint Review Board to each of the taxing | ||||||
20 | districts that
overlap the redevelopment project area:
| ||||||
21 | (1) Any amendments to the redevelopment plan, the | ||||||
22 | redevelopment
project area, or the State Sales Tax | ||||||
23 | Boundary.
| ||||||
24 | (1.5) A list of the redevelopment project areas | ||||||
25 | administered by the
municipality and, if applicable, the | ||||||
26 | date each redevelopment project area was
designated or |
| |||||||
| |||||||
1 | terminated by the municipality.
| ||||||
2 | (2) Audited financial statements of the special tax | ||||||
3 | allocation fund once a
cumulative total of $100,000 has | ||||||
4 | been deposited in the fund.
| ||||||
5 | (3) Certification of the Chief Executive Officer of | ||||||
6 | the municipality
that the municipality has complied with | ||||||
7 | all of the requirements of this Act
during the preceding | ||||||
8 | fiscal year.
| ||||||
9 | (4) An opinion of legal counsel that the municipality | ||||||
10 | is in compliance
with this Act.
| ||||||
11 | (5) An analysis of the special tax allocation fund | ||||||
12 | which sets forth:
| ||||||
13 | (A) the balance in the special tax allocation fund | ||||||
14 | at the beginning of
the fiscal year;
| ||||||
15 | (B) all amounts deposited in the special tax | ||||||
16 | allocation fund by source;
| ||||||
17 | (C) an itemized list of all expenditures from the | ||||||
18 | special tax
allocation fund by category of
permissible | ||||||
19 | redevelopment project cost; and
| ||||||
20 | (D) the balance in the special tax allocation fund | ||||||
21 | at the end of the
fiscal year including a breakdown of | ||||||
22 | that balance by source and a breakdown
of that balance | ||||||
23 | identifying any portion of the balance that is | ||||||
24 | required,
pledged, earmarked, or otherwise designated | ||||||
25 | for payment of or securing of
obligations and | ||||||
26 | anticipated redevelopment project costs. Any portion |
| |||||||
| |||||||
1 | of
such ending balance that has not been identified | ||||||
2 | for use in the next 5 fiscal years or is not identified | ||||||
3 | as
being
required, pledged, earmarked, or otherwise | ||||||
4 | designated for payment of or
securing of obligations | ||||||
5 | or anticipated redevelopment projects costs over the | ||||||
6 | next 5 fiscal years
shall be designated as surplus as | ||||||
7 | set forth in Section
11-74.4-7 hereof.
| ||||||
8 | (6) A description of all property purchased by the | ||||||
9 | municipality within
the redevelopment project area | ||||||
10 | including:
| ||||||
11 | (A) Street address.
| ||||||
12 | (B) Approximate size or description of property.
| ||||||
13 | (C) Purchase price.
| ||||||
14 | (D) Seller of property.
| ||||||
15 | (7) A statement setting forth all activities | ||||||
16 | undertaken in furtherance
of the objectives of the | ||||||
17 | redevelopment plan, including:
| ||||||
18 | (A) Any project implemented in the preceding | ||||||
19 | fiscal year.
| ||||||
20 | (B) A description of the redevelopment activities | ||||||
21 | undertaken.
| ||||||
22 | (C) A description of any agreements entered into | ||||||
23 | by the municipality
with
regard to the disposition or | ||||||
24 | redevelopment of any property within the
redevelopment | ||||||
25 | project area or the area within the State Sales Tax | ||||||
26 | Boundary.
|
| |||||||
| |||||||
1 | (D) Additional information on the use of all funds | ||||||
2 | received under this
Division and steps taken by the
| ||||||
3 | municipality to achieve the objectives of the | ||||||
4 | redevelopment plan.
| ||||||
5 | (E) Information regarding contracts that the | ||||||
6 | municipality's tax
increment advisors or consultants | ||||||
7 | have entered into with entities or persons
that have | ||||||
8 | received, or are receiving, payments financed by tax | ||||||
9 | increment
revenues produced by the same redevelopment | ||||||
10 | project area.
| ||||||
11 | (F) Any reports submitted to the municipality by | ||||||
12 | the joint review board.
| ||||||
13 | (G) A review of public and, to the extent | ||||||
14 | possible, private investment
actually undertaken to | ||||||
15 | date after the effective date of this amendatory Act | ||||||
16 | of
the 91st General Assembly and estimated to be | ||||||
17 | undertaken during the following
year. This review | ||||||
18 | shall, on a project-by-project basis, set forth the
| ||||||
19 | estimated amounts of public and private investment | ||||||
20 | incurred after the effective
date of this amendatory | ||||||
21 | Act of the 91st General Assembly and provide the ratio
| ||||||
22 | of private investment to public investment to the date | ||||||
23 | of the report and as
estimated to the completion of the | ||||||
24 | redevelopment project.
| ||||||
25 | (8) With regard to any obligations issued by the | ||||||
26 | municipality:
|
| |||||||
| |||||||
1 | (A) copies of any official statements; and
| ||||||
2 | (B) an analysis prepared by financial advisor or | ||||||
3 | underwriter, chosen by the municipality, setting
forth | ||||||
4 | the: (i) nature and term of obligation; (ii) projected | ||||||
5 | debt service
including required reserves and debt | ||||||
6 | coverage; and (iii) actual debt service.
| ||||||
7 | (9) For special tax allocation funds that have | ||||||
8 | experienced cumulative
deposits of incremental tax | ||||||
9 | revenues of $100,000 or more, a certified audit
report | ||||||
10 | reviewing compliance
with this Act
performed by an | ||||||
11 | independent public accountant certified and licensed by | ||||||
12 | the
authority of the State of Illinois. The financial | ||||||
13 | portion of the audit
must be conducted in accordance with | ||||||
14 | Standards for Audits of Governmental
Organizations, | ||||||
15 | Programs, Activities, and Functions adopted by the
| ||||||
16 | Comptroller General of the United States (1981), as | ||||||
17 | amended, or the standards
specified by Section 8-8-5 of | ||||||
18 | the Illinois Municipal Auditing Law of the
Illinois | ||||||
19 | Municipal Code. The audit
report shall contain a letter | ||||||
20 | from the independent certified public accountant
| ||||||
21 | indicating compliance or noncompliance with the | ||||||
22 | requirements
of subsection (q) of Section 11-74.4-3. For | ||||||
23 | redevelopment plans or
projects that would result in the | ||||||
24 | displacement of residents from 10 or more
inhabited | ||||||
25 | residential units or that contain 75 or more inhabited | ||||||
26 | residential
units, notice of the availability of the |
| |||||||
| |||||||
1 | information, including how to obtain
the report, required | ||||||
2 | in this subsection shall also be sent by mail to all
| ||||||
3 | residents or organizations that operate in the | ||||||
4 | municipality that register with
the municipality for that | ||||||
5 | information according to registration procedures
adopted | ||||||
6 | under Section 11-74.4-4.2. All municipalities are subject | ||||||
7 | to this
provision.
| ||||||
8 | (10) A list of all intergovernmental agreements in | ||||||
9 | effect during the fiscal year to which the municipality is | ||||||
10 | a party and an accounting of any moneys transferred or | ||||||
11 | received by the municipality during that fiscal year | ||||||
12 | pursuant to those intergovernmental agreements. | ||||||
13 | In addition to information required to be reported under | ||||||
14 | this Section, for Fiscal Year 2022 and each fiscal year | ||||||
15 | thereafter, reporting municipalities shall also report to the | ||||||
16 | Comptroller annually in a manner and format prescribed by the | ||||||
17 | Comptroller: (1) the number of jobs, if any, projected to be | ||||||
18 | created for each redevelopment project area at the time of | ||||||
19 | approval of the redevelopment agreement; (2) the number of | ||||||
20 | jobs, if any, created as a result of the development to date | ||||||
21 | for that reporting period under the same guidelines and | ||||||
22 | assumptions as was used for the projections used at the time of | ||||||
23 | approval of the redevelopment agreement; (3) the amount of | ||||||
24 | increment projected to be created at the time of approval of | ||||||
25 | the redevelopment agreement for each redevelopment project | ||||||
26 | area; (4) the amount of increment created as a result of the |
| |||||||
| |||||||
1 | development to date for that reporting period using the same | ||||||
2 | assumptions as was used for the projections used at the time of | ||||||
3 | the approval of the redevelopment agreement; and (5) the | ||||||
4 | stated rate of return identified by the developer to the | ||||||
5 | municipality for each redevelopment project area, if any. | ||||||
6 | Stated rates of return required to be reported in item (5) | ||||||
7 | shall be independently verified by a third party chosen by the | ||||||
8 | municipality. Reporting municipalities shall also report to | ||||||
9 | the Comptroller a copy of the redevelopment plan each time the | ||||||
10 | redevelopment plan is enacted, amended, or extended in a | ||||||
11 | manner and format prescribed by the Comptroller. These | ||||||
12 | requirements shall only apply to redevelopment projects | ||||||
13 | beginning in or after Fiscal Year 2022. | ||||||
14 | (d-1) Prior to the effective date of this amendatory Act | ||||||
15 | of the 91st
General Assembly, municipalities with populations | ||||||
16 | of over 1,000,000 shall,
after
adoption of a redevelopment | ||||||
17 | plan or project, make available upon request to any
taxing | ||||||
18 | district in which the redevelopment project area is located | ||||||
19 | the
following information:
| ||||||
20 | (1) Any amendments to the redevelopment plan, the | ||||||
21 | redevelopment project
area, or the State Sales Tax | ||||||
22 | Boundary; and
| ||||||
23 | (2) In connection with any redevelopment project area | ||||||
24 | for which the
municipality has outstanding obligations | ||||||
25 | issued to provide for redevelopment
project costs pursuant | ||||||
26 | to Section 11-74.4-7, audited financial statements of
the |
| |||||||
| |||||||
1 | special tax allocation fund.
| ||||||
2 | (e) The joint review board shall meet annually 180 days
| ||||||
3 | after the close of the municipal fiscal year or as soon as the | ||||||
4 | redevelopment
project audit for that fiscal year becomes | ||||||
5 | available to review the
effectiveness and status of the | ||||||
6 | redevelopment project area up to that date.
| ||||||
7 | (f) (Blank).
| ||||||
8 | (g) In the event that a municipality has held a public | ||||||
9 | hearing under this
Section prior to March 14, 1994 (the | ||||||
10 | effective date of Public Act 88-537), the
requirements imposed | ||||||
11 | by Public Act 88-537 relating to the method of fixing the
time | ||||||
12 | and place for public hearing, the materials and information | ||||||
13 | required to be
made available for public inspection, and the | ||||||
14 | information required to be sent
after adoption of an ordinance | ||||||
15 | or resolution fixing a time and place for public
hearing shall | ||||||
16 | not be applicable.
| ||||||
17 | (h) On and after the effective date of this amendatory Act | ||||||
18 | of the 96th General Assembly, the State Comptroller must post | ||||||
19 | on the State Comptroller's official website the information | ||||||
20 | submitted by a municipality pursuant to subsection (d) of this | ||||||
21 | Section. The information must be posted no later than 45 days | ||||||
22 | after the State Comptroller receives the information from the | ||||||
23 | municipality. The State Comptroller must also post a list of | ||||||
24 | the municipalities not in compliance with the reporting | ||||||
25 | requirements set forth in subsection (d) of this Section. | ||||||
26 | (i) No later than 10 years after the corporate authorities |
| |||||||
| |||||||
1 | of a municipality adopt an ordinance to establish a | ||||||
2 | redevelopment project area, the municipality must compile a | ||||||
3 | status report concerning the redevelopment project area. The | ||||||
4 | status report must detail without limitation the following: | ||||||
5 | (i) the amount of revenue generated within the redevelopment | ||||||
6 | project area, (ii) any expenditures made by the municipality | ||||||
7 | for the redevelopment project area including without | ||||||
8 | limitation expenditures from the special tax allocation fund, | ||||||
9 | (iii) the status of planned activities, goals, and objectives | ||||||
10 | set forth in the redevelopment plan including details on new | ||||||
11 | or planned construction within the redevelopment project area, | ||||||
12 | (iv) the amount of private and public investment within the | ||||||
13 | redevelopment project area, and (v) any other relevant | ||||||
14 | evaluation or performance data. Within 30 days after the | ||||||
15 | municipality compiles the status report, the municipality must | ||||||
16 | hold at least one public hearing concerning the report. The | ||||||
17 | municipality must provide 20 days' public notice of the | ||||||
18 | hearing. | ||||||
19 | (j) Beginning in fiscal year 2011 and in each fiscal year | ||||||
20 | thereafter, a municipality must detail in its annual budget | ||||||
21 | (i) the revenues generated from redevelopment project areas by | ||||||
22 | source and (ii) the expenditures made by the municipality for | ||||||
23 | redevelopment project areas. | ||||||
24 | (Source: P.A. 102-127, eff. 7-23-21.)
| ||||||
25 | (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
|
| |||||||
| |||||||
1 | Sec. 11-74.4-7. Obligations secured by the special tax | ||||||
2 | allocation fund
set forth in Section 11-74.4-8 for the | ||||||
3 | redevelopment project area may be
issued to provide for | ||||||
4 | redevelopment project costs. Such obligations, when
so issued, | ||||||
5 | shall be retired in the manner provided in the ordinance
| ||||||
6 | authorizing the issuance of such obligations by the receipts | ||||||
7 | of taxes
levied as specified in Section 11-74.4-9 against the | ||||||
8 | taxable property
included in the area, by revenues as | ||||||
9 | specified by Section 11-74.4-8a and
other revenue designated | ||||||
10 | by the municipality. A municipality may in the
ordinance | ||||||
11 | pledge all or any part of the funds in and to be deposited in | ||||||
12 | the
special tax allocation fund created pursuant to Section | ||||||
13 | 11-74.4-8 to the
payment of the redevelopment project costs | ||||||
14 | and obligations. Any pledge of
funds in the special tax | ||||||
15 | allocation fund shall provide for distribution to
the taxing | ||||||
16 | districts and to the Illinois Department of Revenue of moneys
| ||||||
17 | not required, pledged, earmarked, or otherwise designated for | ||||||
18 | payment and
securing of the obligations and anticipated | ||||||
19 | redevelopment project costs over the next 5 fiscal years and
| ||||||
20 | such excess funds shall be calculated annually and deemed to | ||||||
21 | be "surplus"
funds. In the event a municipality only applies | ||||||
22 | or pledges a portion of the
funds in the special tax allocation | ||||||
23 | fund for the payment or securing of
anticipated redevelopment | ||||||
24 | project costs or of obligations, any such funds
remaining in | ||||||
25 | the special tax allocation fund after complying with the
| ||||||
26 | requirements of the application or pledge, shall also be |
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| |||||||
1 | calculated annually
and deemed "surplus" funds. All surplus | ||||||
2 | funds in the special tax allocation
fund shall be distributed | ||||||
3 | as soon as possible after they are calculated under this | ||||||
4 | Section annually within 180 days after the close of the
| ||||||
5 | municipality's fiscal year by being paid by the
municipal | ||||||
6 | treasurer to the County Collector, to the Department of | ||||||
7 | Revenue
and to the municipality in direct proportion to the | ||||||
8 | tax incremental revenue
received as a result of an increase in | ||||||
9 | the equalized assessed value of
property in the redevelopment | ||||||
10 | project area, tax incremental revenue
received from the State | ||||||
11 | and tax incremental revenue received from the
municipality, | ||||||
12 | but not to exceed as to each such source the total
incremental | ||||||
13 | revenue received from that source. The County Collector shall
| ||||||
14 | thereafter make distribution to the respective taxing | ||||||
15 | districts in the same
manner and proportion as the most recent | ||||||
16 | distribution by the county
collector to the affected districts | ||||||
17 | of real property taxes from real
property in the redevelopment | ||||||
18 | project area.
| ||||||
19 | Without limiting the foregoing in this Section, the | ||||||
20 | municipality may in
addition to obligations secured by the | ||||||
21 | special tax allocation fund pledge
for a period not greater | ||||||
22 | than the term of the obligations towards payment
of such | ||||||
23 | obligations any part or any combination of the following: (a) | ||||||
24 | net
revenues of all or part of any redevelopment project; (b) | ||||||
25 | taxes levied and
collected on any or all property in the | ||||||
26 | municipality; (c) the full faith
and credit of the |
| |||||||
| |||||||
1 | municipality; (d) a mortgage on part or all of the
| ||||||
2 | redevelopment project; (d-5) repayment of bonds issued | ||||||
3 | pursuant to subsection (p-130) of Section 19-1 of the School | ||||||
4 | Code; or (e) any other taxes or anticipated receipts that
the | ||||||
5 | municipality may lawfully pledge.
| ||||||
6 | Such obligations may be issued in one or more series | ||||||
7 | bearing interest at
such rate or rates as the corporate | ||||||
8 | authorities of the municipality shall
determine by ordinance. | ||||||
9 | Such obligations shall bear such date or dates,
mature at such | ||||||
10 | time or times not exceeding 20 years from their respective
| ||||||
11 | dates, be in such denomination, carry such registration | ||||||
12 | privileges, be executed
in such manner, be payable in such | ||||||
13 | medium of payment at such place or places,
contain such | ||||||
14 | covenants, terms and conditions, and be subject to redemption
| ||||||
15 | as such ordinance shall provide. Obligations issued pursuant | ||||||
16 | to this Act
may be sold at public or private sale at such price | ||||||
17 | as shall be determined
by the corporate authorities of the | ||||||
18 | municipalities. No referendum approval
of the electors shall | ||||||
19 | be required as a condition to the issuance of obligations
| ||||||
20 | pursuant to this Division except as provided in this Section.
| ||||||
21 | In the event the municipality authorizes issuance of | ||||||
22 | obligations pursuant
to the authority of this Division secured | ||||||
23 | by the full faith and credit of
the municipality, which | ||||||
24 | obligations are other than obligations which may
be issued | ||||||
25 | under home rule powers provided by Article VII, Section 6 of | ||||||
26 | the
Illinois Constitution, or pledges taxes pursuant to (b) or |
| |||||||
| |||||||
1 | (c) of the second
paragraph of this section, the ordinance | ||||||
2 | authorizing the issuance of such
obligations or pledging such | ||||||
3 | taxes shall be published within 10 days after
such ordinance | ||||||
4 | has been passed in one or more newspapers, with general
| ||||||
5 | circulation within such municipality. The publication of the | ||||||
6 | ordinance
shall be accompanied by a notice of (1) the specific | ||||||
7 | number of voters
required to sign a petition requesting the | ||||||
8 | question of the issuance of such
obligations or pledging taxes | ||||||
9 | to be submitted to the electors; (2) the time
in which such | ||||||
10 | petition must be filed; and (3) the date of the prospective
| ||||||
11 | referendum. The municipal clerk shall provide a petition form | ||||||
12 | to any
individual requesting one.
| ||||||
13 | If no petition is filed with the municipal clerk, as | ||||||
14 | hereinafter provided
in this Section, within 30 days after the | ||||||
15 | publication of the ordinance,
the ordinance shall be in | ||||||
16 | effect. But, if within that 30 day period a petition
is filed | ||||||
17 | with the municipal clerk, signed by electors in the
| ||||||
18 | municipality numbering 10% or more of the number of registered | ||||||
19 | voters in the
municipality, asking that the question of | ||||||
20 | issuing
obligations using full faith and credit of the | ||||||
21 | municipality as security
for the cost of paying for | ||||||
22 | redevelopment project costs, or of pledging taxes
for the | ||||||
23 | payment of such obligations, or both, be submitted to the | ||||||
24 | electors
of the municipality, the corporate authorities of the | ||||||
25 | municipality shall
call a special election in the manner | ||||||
26 | provided by law to vote upon that
question, or, if a general, |
| |||||||
| |||||||
1 | State or municipal election is to be held within
a period of | ||||||
2 | not less than 30 or more than 90 days from the date such | ||||||
3 | petition
is filed, shall submit the question at the next | ||||||
4 | general, State or municipal
election. If it appears upon the | ||||||
5 | canvass of the election by the corporate
authorities that a | ||||||
6 | majority of electors voting upon the question voted in
favor | ||||||
7 | thereof, the ordinance shall be in effect, but if a majority of | ||||||
8 | the
electors voting upon the question are not in favor | ||||||
9 | thereof, the ordinance
shall not take effect.
| ||||||
10 | The ordinance authorizing the obligations may provide that | ||||||
11 | the obligations
shall contain a recital that they are issued | ||||||
12 | pursuant to this Division,
which recital shall be conclusive | ||||||
13 | evidence of their validity and of the
regularity of their | ||||||
14 | issuance.
| ||||||
15 | In the event the municipality authorizes issuance of | ||||||
16 | obligations pursuant
to this Section secured by the full faith | ||||||
17 | and credit of the municipality,
the ordinance authorizing the | ||||||
18 | obligations may provide for the levy and
collection of a | ||||||
19 | direct annual tax upon all taxable property within the
| ||||||
20 | municipality sufficient to pay the principal thereof and | ||||||
21 | interest thereon
as it matures, which levy may be in addition | ||||||
22 | to and exclusive of the
maximum of all other taxes authorized | ||||||
23 | to be levied by the municipality,
which levy, however, shall | ||||||
24 | be abated to the extent that monies from other
sources are | ||||||
25 | available for payment of the obligations and the municipality
| ||||||
26 | certifies the amount of said monies available to the county |
| |||||||
| |||||||
1 | clerk.
| ||||||
2 | A certified copy of such ordinance shall be filed with the | ||||||
3 | county clerk
of each county in which any portion of the | ||||||
4 | municipality is situated, and
shall constitute the authority | ||||||
5 | for the extension and collection of the taxes
to be deposited | ||||||
6 | in the special tax allocation fund.
| ||||||
7 | A municipality may also issue its obligations to refund in | ||||||
8 | whole or in
part, obligations theretofore issued by such | ||||||
9 | municipality under the authority
of this Act, whether at or | ||||||
10 | prior to maturity, provided however, that the
last maturity of | ||||||
11 | the refunding obligations may not be later than the dates set | ||||||
12 | forth under Section 11-74.4-3.5.
| ||||||
13 | In the event a municipality issues obligations under home | ||||||
14 | rule powers or
other legislative authority the proceeds of | ||||||
15 | which are pledged to pay
for redevelopment project costs, the | ||||||
16 | municipality may, if it has followed
the procedures in | ||||||
17 | conformance with this division, retire said obligations
from | ||||||
18 | funds in the special tax allocation fund in amounts and in such | ||||||
19 | manner
as if such obligations had been issued pursuant to the | ||||||
20 | provisions of this
division.
| ||||||
21 | All obligations heretofore or hereafter issued pursuant to | ||||||
22 | this Act shall
not be regarded as indebtedness of the | ||||||
23 | municipality issuing such obligations
or any other taxing | ||||||
24 | district for the purpose of any limitation imposed by law.
| ||||||
25 | (Source: P.A. 100-531, eff. 9-22-17.)
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| |||||||
1 | (65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
| ||||||
2 | Sec. 11-74.4-8. Tax increment allocation financing. A | ||||||
3 | municipality may
not adopt tax increment financing in a
| ||||||
4 | redevelopment
project area after July 30, 1997 (the effective | ||||||
5 | date of Public Act 90-258) that will
encompass an area that is | ||||||
6 | currently included in an enterprise zone created
under the | ||||||
7 | Illinois Enterprise Zone Act unless that municipality, | ||||||
8 | pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, | ||||||
9 | amends the enterprise zone
designating ordinance to limit the | ||||||
10 | eligibility for tax abatements as provided
in Section 5.4.1 of | ||||||
11 | the Illinois Enterprise Zone Act.
A municipality, at the time | ||||||
12 | a redevelopment project area
is designated, may adopt tax | ||||||
13 | increment allocation financing by passing an
ordinance | ||||||
14 | providing that the ad valorem taxes, if any, arising from the
| ||||||
15 | levies upon taxable real property in such redevelopment | ||||||
16 | project
area by taxing districts and tax rates determined in | ||||||
17 | the manner provided
in paragraph (c) of Section 11-74.4-9 each | ||||||
18 | year after the effective
date of the ordinance until | ||||||
19 | redevelopment project costs and all municipal
obligations | ||||||
20 | financing redevelopment project costs incurred under this | ||||||
21 | Division
have been paid shall be divided as follows, provided, | ||||||
22 | however, that with respect to any redevelopment project area | ||||||
23 | located within a transit facility improvement area established | ||||||
24 | pursuant to Section 11-74.4-3.3 in a municipality with a | ||||||
25 | population of 1,000,000 or more, ad valorem taxes, if any, | ||||||
26 | arising from the levies upon taxable real property in such |
| |||||||
| |||||||
1 | redevelopment project area shall be allocated as specifically | ||||||
2 | provided in this Section:
| ||||||
3 | (a) That portion of taxes levied upon each taxable | ||||||
4 | lot, block, tract, or
parcel of real property which is | ||||||
5 | attributable to the lower of the current
equalized | ||||||
6 | assessed value or the initial equalized assessed
value of | ||||||
7 | each such taxable lot, block, tract, or parcel of real | ||||||
8 | property
in the redevelopment project area shall be | ||||||
9 | allocated to and when collected
shall be paid by the | ||||||
10 | county collector to the respective affected taxing
| ||||||
11 | districts in the manner required by law in the absence of | ||||||
12 | the adoption of
tax increment allocation financing.
| ||||||
13 | (b) Except from a tax levied by a township to retire | ||||||
14 | bonds issued to satisfy
court-ordered damages, that | ||||||
15 | portion, if any, of such taxes which is
attributable to | ||||||
16 | the
increase in the current equalized assessed valuation | ||||||
17 | of each taxable lot,
block, tract, or parcel of real | ||||||
18 | property in the redevelopment project area
over and above | ||||||
19 | the initial equalized assessed value of each property in | ||||||
20 | the
project area shall be allocated to and when collected | ||||||
21 | shall be paid to the
municipal treasurer who shall deposit | ||||||
22 | said taxes into a special fund called
the special tax | ||||||
23 | allocation fund of the municipality for the purpose of
| ||||||
24 | paying redevelopment project costs and obligations | ||||||
25 | incurred in the payment
thereof ; some of the moneys shall | ||||||
26 | be used for small businesses that are currently in or move |
| |||||||
| |||||||
1 | into the redevelopment project area, defined for purposes | ||||||
2 | of this Section as businesses that employ fewer than 50 | ||||||
3 | full-time employees . | ||||||
4 | In any county with a population of 3,000,000 or more | ||||||
5 | that has adopted
a procedure for collecting taxes that | ||||||
6 | provides for one or more of the
installments of the taxes | ||||||
7 | to be billed and collected on an estimated basis,
the | ||||||
8 | municipal treasurer shall be paid for deposit in the | ||||||
9 | special tax
allocation fund of the municipality, from the | ||||||
10 | taxes collected from
estimated bills issued for property | ||||||
11 | in the redevelopment project area, the
difference between | ||||||
12 | the amount actually collected from each taxable lot,
| ||||||
13 | block, tract, or parcel of real property within the | ||||||
14 | redevelopment project
area and an amount determined by | ||||||
15 | multiplying the rate at which taxes were
last extended | ||||||
16 | against the taxable lot, block, tract, or parcel of real
| ||||||
17 | property in the manner provided in subsection (c) of | ||||||
18 | Section 11-74.4-9 by
the initial equalized assessed value | ||||||
19 | of the property divided by the number
of installments in | ||||||
20 | which real estate taxes are billed and collected within
| ||||||
21 | the county; provided that the payments on or before | ||||||
22 | December 31,
1999 to a municipal treasurer shall be made | ||||||
23 | only if each of the following
conditions are met:
| ||||||
24 | (1) The total equalized assessed value of the | ||||||
25 | redevelopment project
area as last determined was not | ||||||
26 | less than 175% of the total initial
equalized assessed |
| |||||||
| |||||||
1 | value.
| ||||||
2 | (2) Not more than 50% of the total equalized | ||||||
3 | assessed value of the
redevelopment project area as | ||||||
4 | last determined is attributable to a piece of
property | ||||||
5 | assigned a single real estate index number.
| ||||||
6 | (3) The municipal clerk has certified to the | ||||||
7 | county clerk that the
municipality has issued its | ||||||
8 | obligations to which there has been pledged
the | ||||||
9 | incremental property taxes of the redevelopment | ||||||
10 | project area or taxes
levied and collected on any or | ||||||
11 | all property in the municipality or
the full faith and | ||||||
12 | credit of the municipality to pay or secure payment | ||||||
13 | for
all or a portion of the redevelopment project | ||||||
14 | costs. The certification
shall be filed annually no | ||||||
15 | later than September 1 for the estimated taxes
to be | ||||||
16 | distributed in the following year; however, for the | ||||||
17 | year 1992 the
certification shall be made at any time | ||||||
18 | on or before March 31, 1992.
| ||||||
19 | (4) The municipality has not requested that the | ||||||
20 | total initial
equalized assessed value of real | ||||||
21 | property be adjusted as provided in
subsection (b) of | ||||||
22 | Section 11-74.4-9.
| ||||||
23 | The conditions of paragraphs (1) through (4) do not | ||||||
24 | apply after December
31, 1999 to payments to a municipal | ||||||
25 | treasurer
made by a county with 3,000,000 or more | ||||||
26 | inhabitants that has adopted an
estimated billing |
| |||||||
| |||||||
1 | procedure for collecting taxes.
If a county that has | ||||||
2 | adopted the estimated billing
procedure makes an erroneous | ||||||
3 | overpayment of tax revenue to the municipal
treasurer, | ||||||
4 | then the county may seek a refund of that overpayment.
The | ||||||
5 | county shall send the municipal treasurer a notice of | ||||||
6 | liability for the
overpayment on or before the mailing | ||||||
7 | date of the next real estate tax bill
within the county. | ||||||
8 | The refund shall be limited to the amount of the
| ||||||
9 | overpayment.
| ||||||
10 | It is the intent of this Division that after July 29, | ||||||
11 | 1988 (the effective date of Public Act 85-1142) a | ||||||
12 | municipality's own ad valorem
tax arising from levies on | ||||||
13 | taxable real property be included in the
determination of | ||||||
14 | incremental revenue in the manner provided in paragraph
| ||||||
15 | (c) of Section 11-74.4-9. If the municipality does not | ||||||
16 | extend such a tax,
it shall annually deposit in the | ||||||
17 | municipality's Special Tax Increment Fund
an amount equal | ||||||
18 | to 10% of the total contributions to the fund from all
| ||||||
19 | other taxing districts in that year. The annual 10% | ||||||
20 | deposit required by
this paragraph shall be limited to the | ||||||
21 | actual amount of municipally
produced incremental tax | ||||||
22 | revenues available to the municipality from
taxpayers | ||||||
23 | located in the redevelopment project area in that year if:
| ||||||
24 | (a) the plan for the area restricts the use of the property | ||||||
25 | primarily to
industrial purposes, (b) the municipality | ||||||
26 | establishing the redevelopment
project area is a home rule |
| |||||||
| |||||||
1 | community with a 1990 population of between
25,000 and | ||||||
2 | 50,000, (c) the municipality is wholly located within a | ||||||
3 | county
with a 1990 population of over 750,000 and (d) the | ||||||
4 | redevelopment project
area was established by the | ||||||
5 | municipality prior to June 1, 1990. This
payment shall be | ||||||
6 | in lieu of a contribution of ad valorem taxes on real
| ||||||
7 | property. If no such payment is made, any redevelopment | ||||||
8 | project area of the
municipality shall be dissolved.
| ||||||
9 | If a municipality has adopted tax increment allocation | ||||||
10 | financing by ordinance
and the County Clerk thereafter | ||||||
11 | certifies the "total initial equalized assessed
value as | ||||||
12 | adjusted" of the taxable real property within such | ||||||
13 | redevelopment
project area in the manner provided in | ||||||
14 | paragraph (b) of Section 11-74.4-9,
each year after the | ||||||
15 | date of the certification of the total initial equalized
| ||||||
16 | assessed value as adjusted until redevelopment project | ||||||
17 | costs and all
municipal obligations financing | ||||||
18 | redevelopment project costs have been paid
the ad valorem | ||||||
19 | taxes, if any, arising from the levies upon the taxable | ||||||
20 | real
property in such redevelopment project area by taxing | ||||||
21 | districts and tax
rates determined in the manner provided | ||||||
22 | in paragraph (c) of Section
11-74.4-9 shall be divided as | ||||||
23 | follows, provided, however, that with respect to any | ||||||
24 | redevelopment project area located within a transit | ||||||
25 | facility improvement area established pursuant to Section | ||||||
26 | 11-74.4-3.3 in a municipality with a population of |
| |||||||
| |||||||
1 | 1,000,000 or more, ad valorem taxes, if any, arising from | ||||||
2 | the levies upon the taxable real property in such | ||||||
3 | redevelopment project area shall be allocated as | ||||||
4 | specifically provided in this Section:
| ||||||
5 | (1) That portion of the taxes levied upon each | ||||||
6 | taxable lot, block, tract,
or parcel of real property | ||||||
7 | which is attributable to the lower of the
current | ||||||
8 | equalized assessed value or "current equalized | ||||||
9 | assessed value as
adjusted" or the initial equalized | ||||||
10 | assessed value of each such taxable lot,
block, tract, | ||||||
11 | or parcel of real property existing at the time tax | ||||||
12 | increment
financing was adopted, minus the total | ||||||
13 | current homestead exemptions under Article 15 of the | ||||||
14 | Property
Tax Code in the
redevelopment project area , | ||||||
15 | shall be allocated to and when collected shall be
paid | ||||||
16 | by the county collector to the respective affected | ||||||
17 | taxing districts in the
manner required by law in the | ||||||
18 | absence of the adoption of tax increment
allocation | ||||||
19 | financing.
| ||||||
20 | (2) That portion, if any, of such taxes which is | ||||||
21 | attributable to the
increase in the current equalized | ||||||
22 | assessed valuation of each taxable lot,
block, tract, | ||||||
23 | or parcel of real property in the redevelopment | ||||||
24 | project area,
over and above the initial equalized | ||||||
25 | assessed value of each property
existing at the time | ||||||
26 | tax increment financing was adopted , minus an amount |
| |||||||
| |||||||
1 | equal to the change in the current equalized assessed | ||||||
2 | valuation that is attributable to the change caused by | ||||||
3 | the Consumer Price Index
for All Urban Consumers | ||||||
4 | during the 12-month calendar year preceding the levy | ||||||
5 | year , minus the total
current homestead exemptions | ||||||
6 | pertaining to each piece of property provided
by | ||||||
7 | Article 15 of the Property Tax Code
in the | ||||||
8 | redevelopment
project area, shall be allocated to and | ||||||
9 | when collected shall be paid to the
municipal | ||||||
10 | Treasurer, who shall deposit said taxes into a special | ||||||
11 | fund called
the special tax allocation fund of the | ||||||
12 | municipality for the purpose of paying
redevelopment | ||||||
13 | project costs and obligations incurred in the payment | ||||||
14 | thereof.
| ||||||
15 | The municipality may pledge in the ordinance the funds | ||||||
16 | in and to be
deposited in the special tax allocation fund | ||||||
17 | for the payment of such costs
and obligations. No part of | ||||||
18 | the current equalized assessed valuation of
each property | ||||||
19 | in the redevelopment project area attributable to any
| ||||||
20 | increase above the total initial equalized assessed value, | ||||||
21 | or the total
initial equalized assessed value as adjusted, | ||||||
22 | of such properties shall be
used in calculating the | ||||||
23 | general State aid formula, provided for in
Section 18-8 of | ||||||
24 | the School Code, or the evidence-based funding formula, | ||||||
25 | provided for in Section 18-8.15 of the School Code, until | ||||||
26 | such time as all redevelopment
project costs have been |
| |||||||
| |||||||
1 | paid as provided for in this Section.
| ||||||
2 | Whenever a municipality issues bonds for the purpose | ||||||
3 | of financing
redevelopment project costs, such | ||||||
4 | municipality may provide by ordinance for the
appointment | ||||||
5 | of a trustee, which may be any trust company within the | ||||||
6 | State,
and for the establishment of such funds or accounts | ||||||
7 | to be maintained by
such trustee as the municipality shall | ||||||
8 | deem necessary to provide for the
security and payment of | ||||||
9 | the bonds. If such municipality provides for
the | ||||||
10 | appointment of a trustee, such trustee shall be considered | ||||||
11 | the assignee
of any payments assigned by the municipality | ||||||
12 | pursuant to such ordinance
and this Section. Any amounts | ||||||
13 | paid to such trustee as assignee shall be
deposited in the | ||||||
14 | funds or accounts established pursuant to such trust
| ||||||
15 | agreement, and shall be held by such trustee in trust for | ||||||
16 | the benefit of the
holders of the bonds, and such holders | ||||||
17 | shall have a lien on and a security
interest in such funds | ||||||
18 | or accounts so long as the bonds remain outstanding and
| ||||||
19 | unpaid. Upon retirement of the bonds, the trustee shall | ||||||
20 | pay over any excess
amounts held to the municipality for | ||||||
21 | deposit in the special tax allocation
fund.
| ||||||
22 | When such redevelopment projects costs, including, | ||||||
23 | without limitation, all
municipal obligations financing | ||||||
24 | redevelopment project costs incurred under
this Division, | ||||||
25 | have been paid, all surplus funds then remaining in the
| ||||||
26 | special tax allocation fund shall be distributed
by being |
| |||||||
| |||||||
1 | paid by the
municipal treasurer to the Department of | ||||||
2 | Revenue, the municipality and the
county collector; first | ||||||
3 | to the Department of Revenue and the municipality
in | ||||||
4 | direct proportion to the tax incremental revenue received | ||||||
5 | from the State
and the municipality, but not to exceed the | ||||||
6 | total incremental revenue received
from the State or the | ||||||
7 | municipality less any annual surplus distribution
of | ||||||
8 | incremental revenue previously made; with any remaining | ||||||
9 | funds to be paid
to the County Collector who shall | ||||||
10 | immediately thereafter pay said funds to
the taxing | ||||||
11 | districts in the redevelopment project area in the same | ||||||
12 | manner
and proportion as the most recent distribution by | ||||||
13 | the county collector to
the affected districts of real | ||||||
14 | property taxes from real property in the
redevelopment | ||||||
15 | project area.
| ||||||
16 | Notwithstanding any other provision of law, no surplus | ||||||
17 | funds then remaining in the special tax allocation fund | ||||||
18 | may be transferred or paid to any other redevelopment | ||||||
19 | project area unless the municipality receives a report | ||||||
20 | from the joint review board created under subsection (b) | ||||||
21 | of Section 11-74.4-5 approving the transfer of surplus | ||||||
22 | funds remaining in the special tax allocation fund to | ||||||
23 | another redevelopment project area. The joint review board | ||||||
24 | shall convene and issue a written report describing its | ||||||
25 | decision whether or not to allow the transfer. Each member | ||||||
26 | of the joint review board must agree to this decision. The |
| |||||||
| |||||||
1 | municipality shall give at least 90 days' written notice | ||||||
2 | to the taxing bodies before transferring surplus funds | ||||||
3 | remaining in the special tax allocation fund to another | ||||||
4 | redevelopment project area. If the joint review board does | ||||||
5 | not file a report, it shall be presumed that the taxing | ||||||
6 | bodies approve the transfer. | ||||||
7 | Upon the payment of all redevelopment project costs, | ||||||
8 | the retirement of
obligations, the distribution of any | ||||||
9 | excess monies pursuant to this
Section, and final closing | ||||||
10 | of the books and records of the redevelopment
project
| ||||||
11 | area, the municipality shall adopt an ordinance dissolving | ||||||
12 | the special
tax allocation fund for the redevelopment | ||||||
13 | project area and terminating the
designation of the | ||||||
14 | redevelopment project area as a redevelopment project
| ||||||
15 | area.
Title to real or personal property and public | ||||||
16 | improvements
acquired
by or for
the
municipality as a | ||||||
17 | result of the redevelopment project and plan shall vest in
| ||||||
18 | the
municipality when acquired and shall continue to be | ||||||
19 | held by the municipality
after the redevelopment project | ||||||
20 | area has been terminated.
Municipalities shall notify | ||||||
21 | affected taxing districts prior to
November 1 if the | ||||||
22 | redevelopment project area is to be terminated by December | ||||||
23 | 31
of
that same year. If a municipality extends estimated | ||||||
24 | dates of completion of a
redevelopment project and | ||||||
25 | retirement of obligations to finance a
redevelopment | ||||||
26 | project, as allowed by Public Act 87-1272, that
extension |
| |||||||
| |||||||
1 | shall not extend the property tax increment allocation | ||||||
2 | financing
authorized by this Section. Thereafter the rates | ||||||
3 | of the taxing districts
shall be extended and taxes | ||||||
4 | levied, collected and distributed in the manner
applicable | ||||||
5 | in the absence of the adoption of tax increment allocation
| ||||||
6 | financing.
| ||||||
7 | If a municipality with a population of 1,000,000 or | ||||||
8 | more has adopted by ordinance tax increment allocation | ||||||
9 | financing for a redevelopment project area located in a | ||||||
10 | transit facility improvement area established pursuant to | ||||||
11 | Section 11-74.4-3.3, for each year after the effective | ||||||
12 | date of the ordinance until redevelopment project costs | ||||||
13 | and all municipal obligations financing redevelopment | ||||||
14 | project costs have been paid, the ad valorem taxes, if | ||||||
15 | any, arising from the levies upon the taxable real | ||||||
16 | property in that redevelopment project area by taxing | ||||||
17 | districts and tax rates determined in the manner provided | ||||||
18 | in paragraph (c) of Section 11-74.4-9 shall be divided as | ||||||
19 | follows: | ||||||
20 | (1) That portion of the taxes levied upon each | ||||||
21 | taxable lot, block, tract, or parcel of real property | ||||||
22 | which is attributable to the lower of (i) the current | ||||||
23 | equalized assessed value or "current equalized | ||||||
24 | assessed value as adjusted" or (ii) the initial | ||||||
25 | equalized assessed value of each such taxable lot, | ||||||
26 | block, tract, or parcel of real property existing at |
| |||||||
| |||||||
1 | the time tax increment financing was adopted, minus | ||||||
2 | the total current homestead exemptions under Article | ||||||
3 | 15 of the Property Tax Code in the redevelopment | ||||||
4 | project area , shall be allocated to and when collected | ||||||
5 | shall be paid by the county collector to the | ||||||
6 | respective affected taxing districts in the manner | ||||||
7 | required by law in the absence of the adoption of tax | ||||||
8 | increment allocation financing. | ||||||
9 | (2) That portion, if any, of such taxes which is | ||||||
10 | attributable to the increase in the current equalized | ||||||
11 | assessed valuation of each taxable lot, block, tract, | ||||||
12 | or parcel of real property in the redevelopment | ||||||
13 | project area, over and above the initial equalized | ||||||
14 | assessed value of each property existing at the time | ||||||
15 | tax increment financing was adopted, minus the total | ||||||
16 | current homestead exemptions pertaining to each piece | ||||||
17 | of property provided by Article 15 of the Property Tax | ||||||
18 | Code in the redevelopment project area, shall be | ||||||
19 | allocated to and when collected shall be paid by the | ||||||
20 | county collector as follows: | ||||||
21 | (A) First, that portion which would be payable | ||||||
22 | to a school district whose boundaries are | ||||||
23 | coterminous with such municipality in the absence | ||||||
24 | of the adoption of tax increment allocation | ||||||
25 | financing, shall be paid to such school district | ||||||
26 | in the manner required by law in the absence of the |
| |||||||
| |||||||
1 | adoption of tax increment allocation financing; | ||||||
2 | then | ||||||
3 | (B) 80% of the remaining portion shall be paid | ||||||
4 | to the municipal Treasurer, who shall deposit said | ||||||
5 | taxes into a special fund called the special tax | ||||||
6 | allocation fund of the municipality for the | ||||||
7 | purpose of paying redevelopment project costs and | ||||||
8 | obligations incurred in the payment thereof; and | ||||||
9 | then | ||||||
10 | (C) 20% of the remaining portion shall be paid | ||||||
11 | to the respective affected taxing districts, other | ||||||
12 | than the school district described in clause (a) | ||||||
13 | above, in the manner required by law in the | ||||||
14 | absence of the adoption of tax increment | ||||||
15 | allocation financing. | ||||||
16 | Nothing in this Section shall be construed as relieving | ||||||
17 | property in such
redevelopment project areas from being | ||||||
18 | assessed as provided in the Property
Tax Code or as relieving | ||||||
19 | owners of such property from paying a uniform rate of
taxes, as | ||||||
20 | required by Section 4 of Article IX of the Illinois | ||||||
21 | Constitution.
| ||||||
22 | (Source: P.A. 102-558, eff. 8-20-21.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|