Bill Text: IL SB0658 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Extends the estimated date of completion of redevelopment projects and the retirement of obligations issued to finance redevelopment project costs for various ordinances adopted by the City of Chicago, City of Madison, Village of Aviston, Village of Warren, City of Farmer City, Village of Fairmont City, and City of Springfield. Creates a tax increment allocation financing extension to the 47th year (currently, the 35th year) after the adoption of the ordinance of April 3, 1989 by the City of Chicago Heights. Requires adoption of an ordinance by the City of Chicago Heights extending the completion date of the redevelopment project area to 47 years and providing notice to the taxing bodies that would otherwise constitute the joint review board. Further amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that parcels are considered to be contiguous if they touch or join one another in a reasonably substantial sense. Provides that parcels are also considered to be contiguous if they meet the criteria for annexation under specified provisions of the Illinois Municipal Code. Provides the changes are declarative of existing law and are retroactive with regard to pending actions, except to any rights of a party subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. Amends the Illinois Municipal Code's Business District Development and Redevelopment Law and Industrial Jobs Recovery Law making similar changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0818 [SB0658 Detail]
Download: Illinois-2021-SB0658-Introduced.html
Bill Title: Amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Extends the estimated date of completion of redevelopment projects and the retirement of obligations issued to finance redevelopment project costs for various ordinances adopted by the City of Chicago, City of Madison, Village of Aviston, Village of Warren, City of Farmer City, Village of Fairmont City, and City of Springfield. Creates a tax increment allocation financing extension to the 47th year (currently, the 35th year) after the adoption of the ordinance of April 3, 1989 by the City of Chicago Heights. Requires adoption of an ordinance by the City of Chicago Heights extending the completion date of the redevelopment project area to 47 years and providing notice to the taxing bodies that would otherwise constitute the joint review board. Further amends the Tax Increment Allocation Redevelopment Act of the Illinois Municipal Code. Provides that parcels are considered to be contiguous if they touch or join one another in a reasonably substantial sense. Provides that parcels are also considered to be contiguous if they meet the criteria for annexation under specified provisions of the Illinois Municipal Code. Provides the changes are declarative of existing law and are retroactive with regard to pending actions, except to any rights of a party subject to a final judgment entered pursuant to the September 23, 2021 opinion of the Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444. Amends the Illinois Municipal Code's Business District Development and Redevelopment Law and Industrial Jobs Recovery Law making similar changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0818 [SB0658 Detail]
Download: Illinois-2021-SB0658-Introduced.html
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning local government.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||||||
5 | changing Section 11-15.1-2 and by adding Sections 7-1-1.5 and | |||||||||||||||||||||||
6 | 11-15.1-2.2 as follows:
| |||||||||||||||||||||||
7 | (65 ILCS 5/7-1-1.5 new) | |||||||||||||||||||||||
8 | Sec. 7-1-1.5. Validity of annexation; purposes of | |||||||||||||||||||||||
9 | annexation. | |||||||||||||||||||||||
10 | (a) An annexation under this Division is valid if it meets | |||||||||||||||||||||||
11 | the statutory requirements of this Article. | |||||||||||||||||||||||
12 | (b) It is declared a proper purpose for a municipality to | |||||||||||||||||||||||
13 | seek the voluntary annexation of territory under any provision | |||||||||||||||||||||||
14 | of this Article in order to: seek contiguity with other | |||||||||||||||||||||||
15 | territory; or wholly bind other territory for the purpose of | |||||||||||||||||||||||
16 | annexing that other territory under Section 7-1-13. However, | |||||||||||||||||||||||
17 | the validity of an annexation cannot be contested based on the | |||||||||||||||||||||||
18 | purpose of the annexation, the contents of any annexation | |||||||||||||||||||||||
19 | agreement, or any factor other than what is statutorily | |||||||||||||||||||||||
20 | required. | |||||||||||||||||||||||
21 | (c) This Section is declarative of existing law and shall | |||||||||||||||||||||||
22 | not be construed as a new enactment.
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
| ||||||
2 | Sec. 11-15.1-2.
Any such agreement may provide for the | ||||||
3 | following as it
relates to the land which is the subject of the | ||||||
4 | agreement:
| ||||||
5 | (a) The annexation of such territory to the municipality, | ||||||
6 | subject to the
provisions of Article 7 and the disconnection | ||||||
7 | of such territory from the municipality .
| ||||||
8 | (b) The continuation in effect, or amendment, or | ||||||
9 | continuation in effect
as amended, of any ordinance relating | ||||||
10 | to subdivision controls, zoning,
official plan, and building, | ||||||
11 | housing and related restrictions; provided,
however, that any | ||||||
12 | public hearing required by law to be held before the
adoption | ||||||
13 | of any ordinance amendment provided in such agreement shall be
| ||||||
14 | held prior to the execution of the agreement, and all | ||||||
15 | ordinance amendments
provided in such agreement shall be | ||||||
16 | enacted according to law.
| ||||||
17 | (c) A limitation upon increases in permit fees required by | ||||||
18 | the
municipality.
| ||||||
19 | (d) Contributions of either land or monies, or both, to | ||||||
20 | any
municipality
and to other units of local government having
| ||||||
21 | jurisdiction over all or part of land that is the subject | ||||||
22 | matter of any annexation agreement entered
into under the | ||||||
23 | provisions of this Section shall be deemed valid when made and
| ||||||
24 | shall survive the expiration date of any such annexation | ||||||
25 | agreement with respect
to all or any part of the land that was | ||||||
26 | the subject matter of the annexation
agreement.
|
| |||||||
| |||||||
1 | (e) The granting of utility franchises for such land.
| ||||||
2 | (e-5) The abatement of property taxes.
| ||||||
3 | (f) Any other matter not inconsistent with the provisions | ||||||
4 | of this Code,
nor forbidden by law.
| ||||||
5 | Any action taken by the corporate authorities during the | ||||||
6 | period such
agreement is in effect, which, if it applied to the | ||||||
7 | land which is the
subject of the agreement, would be a breach | ||||||
8 | of such agreement, shall not
apply to such land without an | ||||||
9 | amendment of such agreement.
| ||||||
10 | After the effective term of any annexation agreement and | ||||||
11 | unless otherwise
provided for within the annexation agreement | ||||||
12 | or an amendment to the annexation
agreement, the
provisions of | ||||||
13 | any ordinance relating to the zoning of the land that is
| ||||||
14 | provided for within the agreement or an amendment to the | ||||||
15 | agreement, shall
remain in effect unless modified in
| ||||||
16 | accordance with law. This amendatory Act of 1995 is | ||||||
17 | declarative of existing
law and shall apply to all annexation | ||||||
18 | agreements.
| ||||||
19 | (Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97; 90-14, | ||||||
20 | eff.
7-1-97.)
| ||||||
21 | (65 ILCS 5/11-15.1-2.2 new) | ||||||
22 | Sec. 11-15.1-2.2. Validity of annexation agreement; | ||||||
23 | purposes of annexation agreement. | ||||||
24 | (a) An annexation agreement under this Division is valid | ||||||
25 | if it meets the statutory requirements of this Division. |
| |||||||
| |||||||
1 | (b) It is declared a proper purpose for the corporate | ||||||
2 | authorities of a municipality to enter into an annexation | ||||||
3 | agreement with any landowner in order to: seek contiguity with | ||||||
4 | other territory; or wholly bind other territory for the | ||||||
5 | purpose of annexing that other territory in any manner | ||||||
6 | provided in Article 7.
Unless the terms of the annexation | ||||||
7 | agreement are inconsistent with the provisions of this Code, | ||||||
8 | or are otherwise forbidden by law, the terms of the annexation | ||||||
9 | agreement and the intentions of the parties to the annexation | ||||||
10 | agreement may not be considered in determining compliance with | ||||||
11 | this Code for annexation. | ||||||
12 | (c) This Section is declarative of existing law and shall | ||||||
13 | not be construed as a new enactment.
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|