| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-74.4-3.1 (65 ILCS 5/11-74.4-3.1)
Sec. 11-74.4-3.1. Redevelopment project area within an intermodal terminal facility area. (a) Notwithstanding any other provision of law to the contrary, if a municipality designates an area within the territorial limits of the municipality as an intermodal terminal facility area, then that municipality may establish a redevelopment project area within the intermodal terminal facility area for the purpose of developing new intermodal terminal facilities, rehabilitating obsolete intermodal terminal facilities, or both. If there is no existing intermodal terminal facility within the redevelopment project area, then the municipality must establish a new intermodal terminal facility within the redevelopment project area. If there is an obsolete intermodal terminal facility within the redevelopment project area, then the municipality may establish a new intermodal terminal facility, rehabilitate the existing intermodal terminal facility for use as an intermodal terminal facility or for any other commercial purpose, or both. (b) For purposes of this Division, an intermodal terminal facility area is deemed to be a blighted area and no proof of blight need be shown in establishing a redevelopment project area in accordance with this Section.
(c) As used in this Section: "Intermodal terminal facility area" means an area that: (i) does not include any existing intermodal terminal facility or includes an obsolete intermodal terminal facility; (ii) comprises a minimum of 150 acres and not more than 2 square miles in total area, exclusive of lakes and waterways; (iii) has at least one Class 1 railroad right-of-way located within it or within one quarter mile of it; and (iv) has no boundary limit further than 3 miles from the right-of-way. "Intermodal terminal facility" means land, improvements to land, equipment, and appliances necessary for the receipt and transfer of goods between one mode of transportation and another, at least one of which must be transportation by rail.
(Source: P.A. 94-546, eff. 1-1-06.) |
65 ILCS 5/11-74.4-3.3 (65 ILCS 5/11-74.4-3.3) Sec. 11-74.4-3.3. Redevelopment project area within a transit facility improvement area. (a) As used in this Section: "Redevelopment project area" means the area identified in: the Chicago Union Station Master Plan; the Chicago Transit Authority's Red and Purple Modernization Program; the Chicago Transit Authority's Red Line Extension Program; and the Chicago Transit Authority's Blue Line Modernization and Extension Program, each as may be amended from time to time after the effective date of this amendatory Act of the 99th General Assembly, and, in each case, regardless of whether all of the parcels of real property included in the redevelopment project area are adjacent to one another. "Transit" means any one or more of the following transportation services provided to passengers: inter-city passenger rail service; commuter rail service; and urban mass transit rail service, whether elevated, underground, or running at grade, and whether provided through rolling stock generally referred to as heavy rail or light rail. "Transit facility" means an existing or proposed transit passenger station, an existing or proposed transit maintenance, storage or service facility, or an existing or proposed right of way for use in providing transit services. "Transit facility improvement area" means an area whose boundaries are no more than one-half mile in any direction from the location of a transit passenger station, or the existing or proposed right of way of transit facility, as applicable; provided that the length of any existing or proposed right of way or a transit passenger station included in any transit facility improvement area shall not exceed: 9 miles for the Chicago Transit Authority's Blue Line Modernization and Extension Program; 17 miles for the Chicago Transit Authority's Red and Purple Modernization Program (running from Madison Street North to Linden Avenue); and 20 miles for the Chicago Transit Authority's Red Line Extension Program (running from Madison Street South to 134th Street (as extended)). (b) Notwithstanding any other provision of law to the contrary, if the corporate authorities of a municipality designate an area within the territorial limits of the municipality as a transit facility improvement area, then that municipality may establish one or more redevelopment project areas within that transit facility improvement area for the purpose of developing new transit facilities, expanding or rehabilitating existing transit facilities, or both, within that transit facility improvement area. With respect to a transit facility whose right of way is located in more than one municipality, each municipality may designate an area within its territorial limits as a transit facility improvement area and may establish a redevelopment project area for each of the qualifying projects identified in subsection (a) of this Section.
Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 102nd General Assembly, the following provisions apply to transit facility improvement areas, and to redevelopment project areas located in a transit facility improvement area, established prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly: (1) A redevelopment project area established within a | | transit facility improvement area whose boundaries satisfy the requirements of this Section shall be deemed to satisfy the contiguity requirements of subsection (a) of Section 11-74.4-4, regardless of whether all of the parcels of real property included in the redevelopment project area are adjacent to one another.
|
| (2) Item (1) applies through and including the
| | completion date of the redevelopment project located within the transit facility improvement area established pursuant to Section 11-74.4-3.3 and the date of retirement of obligations issued to finance redevelopment project costs, all in accordance with subsection (a-5) of Section 11-74.4-3.5.
|
| (Source: P.A. 102-627, eff. 8-27-21.)
|
65 ILCS 5/11-74.4-3.5 (65 ILCS 5/11-74.4-3.5) Sec. 11-74.4-3.5. Completion dates for redevelopment projects. (a) Unless otherwise stated in this Section, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on or after January 15, 1981. (a-5) If the redevelopment project area is located within a transit facility improvement area established pursuant to Section 11-74.4-3, the estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer, as provided in subsection (b) of Section 11-74.4-8 of this Act, is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted. (a-7) A municipality may adopt tax increment financing for a redevelopment project area located in a transit facility improvement area that also includes real property located within an existing redevelopment project area established prior to August 12, 2016 (the effective date of Public Act 99-792). In such case: (i) the provisions of this Division shall apply with respect to the previously established redevelopment project area until the municipality adopts, as required in accordance with applicable provisions of this Division, an ordinance dissolving the special tax allocation fund for such redevelopment project area and terminating the designation of such redevelopment project area as a redevelopment project area; and (ii) after the effective date of the ordinance described in (i), the provisions of this Division shall apply with respect to the subsequently established redevelopment project area located in a transit facility improvement area. (b) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 32nd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on September 9, 1999 by the Village of Downs. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 33rd calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on May 20, 1985 by the Village of Wheeling. The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 28th calendar year after the year in which the ordinance approving the redevelopment project area was adopted if the ordinance was adopted on October 12, 1989 by the City of Lawrenceville. (c) The estimated dates of completion of the redevelopment project and retirement of obligations issued to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may not be later than December 31 of the year in which the payment to the municipal treasurer as provided in subsection (b) of Section 11-74.4-8 of this Act is to be made with respect to ad valorem taxes levied in the 35th calendar year after the year in which the ordinance approving the redevelopment project area was adopted: (1) If the ordinance was adopted before January 15, | | (2) If the ordinance was adopted in December 1983,
| | April 1984, July 1985, or December 1989.
|
| (3) If the ordinance was adopted in December 1987 and
| | the redevelopment project is located within one mile of Midway Airport.
|
| (4) If the ordinance was adopted before January 1,
| | 1987 by a municipality in Mason County.
|
| (5) If the municipality is subject to the Local
| | Government Financial Planning and Supervision Act or the Financially Distressed City Law.
|
| (6) If the ordinance was adopted in December 1984 by
| | (7) If the ordinance was adopted on December 31, 1986
| | by a municipality located in Clinton County for which at least $250,000 of tax increment bonds were authorized on June 17, 1997, or if the ordinance was adopted on December 31, 1986 by a municipality with a population in 1990 of less than 3,600 that is located in a county with a population in 1990 of less than 34,000 and for which at least $250,000 of tax increment bonds were authorized on June 17, 1997.
|
| (8) If the ordinance was adopted on October 5, 1982
| | by the City of Kankakee, or if the ordinance was adopted on December 29, 1986 by East St. Louis.
|
| (9) If the ordinance was adopted on November 12, 1991
| | by the Village of Sauget.
|
| (10) If the ordinance was adopted on February 11,
| | 1985 by the City of Rock Island.
|
| (11) If the ordinance was adopted before December 18,
| | 1986 by the City of Moline.
|
| (12) If the ordinance was adopted in September 1988
| | (13) If the ordinance was adopted in October 1993 by
| | (14) If the ordinance was adopted on December 29,
| | 1986 by the City of Galva.
|
| (15) If the ordinance was adopted in March 1991 by
| | (16) If the ordinance was adopted on January 23, 1991
| | by the City of East St. Louis.
|
| (17) If the ordinance was adopted on December 22,
| | 1986 by the City of Aledo.
|
| (18) If the ordinance was adopted on February 5, 1990
| | (19) If the ordinance was adopted on September 6,
| | 1994 by the City of Freeport.
|
| (20) If the ordinance was adopted on December 22,
| | 1986 by the City of Tuscola.
|
| (21) If the ordinance was adopted on December 23,
| | 1986 by the City of Sparta.
|
| (22) If the ordinance was adopted on December 23,
| | 1986 by the City of Beardstown.
|
| (23) If the ordinance was adopted on April 27, 1981,
| | October 21, 1985, or December 30, 1986 by the City of Belleville.
|
| (24) If the ordinance was adopted on December 29,
| | 1986 by the City of Collinsville.
|
| (25) If the ordinance was adopted on September 14,
| | 1994 by the City of Alton.
|
| (26) If the ordinance was adopted on November 11,
| | 1996 by the City of Lexington.
|
| (27) If the ordinance was adopted on November 5, 1984
| | (28) If the ordinance was adopted on April 3, 1991 or
| | June 3, 1992 by the City of Markham.
|
| (29) If the ordinance was adopted on November 11,
| | 1986 by the City of Pekin.
|
| (30) If the ordinance was adopted on December 15,
| | 1981 by the City of Champaign.
|
| (31) If the ordinance was adopted on December 15,
| | 1986 by the City of Urbana.
|
| (32) If the ordinance was adopted on December 15,
| | 1986 by the Village of Heyworth.
|
| (33) If the ordinance was adopted on February 24,
| | 1992 by the Village of Heyworth.
|
| (34) If the ordinance was adopted on March 16, 1995
| | by the Village of Heyworth.
|
| (35) If the ordinance was adopted on December 23,
| | 1986 by the Town of Cicero.
|
| (36) If the ordinance was adopted on December 30,
| | 1986 by the City of Effingham.
|
| (37) If the ordinance was adopted on May 9, 1991 by
| | (38) If the ordinance was adopted on October 20, 1986
| | (39) If the ordinance was adopted on January 19, 1988
| | (40) If the ordinance was adopted on September 21,
| | 1998 by the City of Waukegan.
|
| (41) If the ordinance was adopted on December 31,
| | 1986 by the City of Sullivan.
|
| (42) If the ordinance was adopted on December 23,
| | 1991 by the City of Sullivan.
|
| (43) If the ordinance was adopted on December 31,
| | 1986 by the City of Oglesby.
|
| (44) If the ordinance was adopted on July 28, 1987 by
| | (45) If the ordinance was adopted on April 23, 1990
| | (46) If the ordinance was adopted on August 20, 1985
| | by the Village of Mount Prospect.
|
| (47) If the ordinance was adopted on February 2, 1998
| | by the Village of Woodhull.
|
| (48) If the ordinance was adopted on April 20, 1993
| | by the Village of Princeville.
|
| (49) If the ordinance was adopted on July 1, 1986 by
| | the City of Granite City.
|
| (50) If the ordinance was adopted on February 2, 1989
| | by the Village of Lombard.
|
| (51) If the ordinance was adopted on December 29,
| | 1986 by the Village of Gardner.
|
| (52) If the ordinance was adopted on July 14, 1999 by
| | (53) If the ordinance was adopted on November 17,
| | 1986 by the Village of Franklin Park.
|
| (54) If the ordinance was adopted on November 20,
| | 1989 by the Village of South Holland.
|
| (55) If the ordinance was adopted on July 14, 1992 by
| | the Village of Riverdale.
|
| (56) If the ordinance was adopted on December 29,
| | 1986 by the City of Galesburg.
|
| (57) If the ordinance was adopted on April 1, 1985 by
| | (58) If the ordinance was adopted on May 21, 1990 by
| | the City of West Chicago.
|
| (59) If the ordinance was adopted on December 16,
| | 1986 by the City of Oak Forest.
|
| (60) If the ordinance was adopted in 1999 by the City
| | (61) If the ordinance was adopted on January 13, 1987
| | by the Village of Mt. Zion.
|
| (62) If the ordinance was adopted on December 30,
| | 1986 by the Village of Manteno.
|
| (63) If the ordinance was adopted on April 3, 1989 by
| | the City of Chicago Heights.
|
| (64) If the ordinance was adopted on January 6, 1999
| | by the Village of Rosemont.
|
| (65) If the ordinance was adopted on December 19,
| | 2000 by the Village of Stone Park.
|
| (66) If the ordinance was adopted on December 22,
| | 1986 by the City of DeKalb.
|
| (67) If the ordinance was adopted on December 2, 1986
| | (68) If the ordinance was adopted on December 31,
| | 1986 by the Village of Milan.
|
| (69) If the ordinance was adopted on September 8,
| | 1994 by the City of West Frankfort.
|
| (70) If the ordinance was adopted on December 23,
| | 1986 by the Village of Libertyville.
|
| (71) If the ordinance was adopted on December 22,
| | 1986 by the Village of Hoffman Estates.
|
| (72) If the ordinance was adopted on September 17,
| | 1986 by the Village of Sherman.
|
| (73) If the ordinance was adopted on December 16,
| | 1986 by the City of Macomb.
|
| (74) If the ordinance was adopted on June 11, 2002 by
| | the City of East Peoria to create the West Washington Street TIF.
|
| (75) If the ordinance was adopted on June 11, 2002 by
| | the City of East Peoria to create the Camp Street TIF.
|
| (76) If the ordinance was adopted on August 7, 2000
| | by the City of Des Plaines.
|
| (77) If the ordinance was adopted on December 22,
| | 1986 by the City of Washington to create the Washington Square TIF #2.
|
| (78) If the ordinance was adopted on December 29,
| | 1986 by the City of Morris.
|
| (79) If the ordinance was adopted on July 6, 1998 by
| | the Village of Steeleville.
|
| (80) If the ordinance was adopted on December 29,
| | 1986 by the City of Pontiac to create TIF I (the Main St TIF).
|
| (81) If the ordinance was adopted on December 29,
| | 1986 by the City of Pontiac to create TIF II (the Interstate TIF).
|
| (82) If the ordinance was adopted on November 6, 2002
| | by the City of Chicago to create the Madden/Wells TIF District.
|
| (83) If the ordinance was adopted on November 4, 1998
| | by the City of Chicago to create the Roosevelt/Racine TIF District.
|
| (84) If the ordinance was adopted on June 10, 1998 by
| | the City of Chicago to create the Stony Island Commercial/Burnside Industrial Corridors TIF District.
|
| (85) If the ordinance was adopted on November 29,
| | 1989 by the City of Chicago to create the Englewood Mall TIF District.
|
| (86) If the ordinance was adopted on December 27,
| | 1986 by the City of Mendota.
|
| (87) If the ordinance was adopted on December 31,
| | 1986 by the Village of Cahokia.
|
| (88) If the ordinance was adopted on September 20,
| | 1999 by the City of Belleville.
|
| (89) If the ordinance was adopted on December 30,
| | 1986 by the Village of Bellevue to create the Bellevue TIF District 1.
|
| (90) If the ordinance was adopted on December 13,
| | 1993 by the Village of Crete.
|
| (91) If the ordinance was adopted on February 12,
| | 2001 by the Village of Crete.
|
| (92) If the ordinance was adopted on April 23, 2001
| | (93) If the ordinance was adopted on December 16,
| | 1986 by the City of Champaign.
|
| (94) If the ordinance was adopted on December 20,
| | 1986 by the City of Charleston.
|
| (95) If the ordinance was adopted on June 6, 1989 by
| | the Village of Romeoville.
|
| (96) If the ordinance was adopted on October 14, 1993
| | and amended on August 2, 2010 by the City of Venice.
|
| (97) If the ordinance was adopted on June 1, 1994 by
| | (98) If the ordinance was adopted on May 19, 1998 by
| | the Village of Bensenville.
|
| (99) If the ordinance was adopted on November 12,
| | 1987 by the City of Dixon.
|
| (100) If the ordinance was adopted on December 20,
| | 1988 by the Village of Lansing.
|
| (101) If the ordinance was adopted on October 27,
| | 1998 by the City of Moline.
|
| (102) If the ordinance was adopted on May 21, 1991 by
| | (103) If the ordinance was adopted on January 28,
| | 1992 by the City of East Peoria.
|
| (104) If the ordinance was adopted on December 14,
| | 1998 by the City of Carlyle.
|
| (105) If the ordinance was adopted on May 17, 2000,
| | as subsequently amended, by the City of Chicago to create the Midwest Redevelopment TIF District.
|
| (106) If the ordinance was adopted on September 13,
| | 1989 by the City of Chicago to create the Michigan/Cermak Area TIF District.
|
| (107) If the ordinance was adopted on March 30, 1992
| | (108) If the ordinance was adopted on July 6, 1998 by
| | the Village of Orangeville.
|
| (109) If the ordinance was adopted on December 16,
| | 1997 by the Village of Germantown.
|
| (110) If the ordinance was adopted on April 28, 2003
| | (111) If the ordinance was adopted on December 18,
| | 1990 by the Village of Washington Park, but only after the Village of Washington Park becomes compliant with the reporting requirements under subsection (d) of Section 11-74.4-5, and after the State Comptroller's certification of such compliance.
|
| (112) If the ordinance was adopted on February 28,
| | 2000 by the City of Harvey.
|
| (113) If the ordinance was adopted on January 11,
| | 1991 by the City of Chicago to create the Read/Dunning TIF District.
|
| (114) If the ordinance was adopted on July 24, 1991
| | by the City of Chicago to create the Sanitary and Ship Canal TIF District.
|
| (115) If the ordinance was adopted on December 4,
| | 2007 by the City of Naperville.
|
| (116) If the ordinance was adopted on July 1, 2002 by
| | the Village of Arlington Heights.
|
| (117) If the ordinance was adopted on February 11,
| | 1991 by the Village of Machesney Park.
|
| (118) If the ordinance was adopted on December 29,
| | 1993 by the City of Ottawa.
|
| (119) If the ordinance was adopted on June 4, 1991 by
| | (120) If the ordinance was adopted on February 10,
| | 2004 by the Village of Fox Lake.
|
| (121) If the ordinance was adopted on December 22,
| | 1992 by the City of Fairfield.
|
| (122) If the ordinance was adopted on February 10,
| | 1992 by the City of Mt. Sterling.
|
| (123) If the ordinance was adopted on March 15, 2004
| | (124) If the ordinance was adopted on March 18, 2002
| | by the Village of Lake Zurich.
|
| (125) If the ordinance was adopted on September 23,
| | 1997 by the City of Granite City.
|
| (126) If the ordinance was adopted on May 8, 2013 by
| | the Village of Rosemont to create the Higgins Road/River Road TIF District No. 6.
|
| (127) If the ordinance was adopted on November 22,
| | 1993 by the City of Arcola.
|
| (128) If the ordinance was adopted on September 7,
| | 2004 by the City of Arcola.
|
| (129) If the ordinance was adopted on November 29,
| | 1999 by the City of Paris.
|
| (130) If the ordinance was adopted on September 20,
| | 1994 by the City of Ottawa to create the U.S. Route 6 East Ottawa TIF.
|
| (131) If the ordinance was adopted on May 2, 2002 by
| | the Village of Crestwood.
|
| (132) If the ordinance was adopted on October 27,
| | 1992 by the City of Blue Island.
|
| (133) If the ordinance was adopted on December 23,
| | 1993 by the City of Lacon.
|
| (134) If the ordinance was adopted on May 4, 1998 by
| | (135) If the ordinance was adopted on June 11, 2002
| | by the City of Oak Forest.
|
| (136) If the ordinance was adopted on November 16,
| | 1992 by the City of Pinckneyville.
|
| (137) If the ordinance was adopted on March 1, 2001
| | by the Village of South Jacksonville.
|
| (138) If the ordinance was adopted on February 26,
| | 1992 by the City of Chicago to create the Stockyards Southeast Quadrant TIF District.
|
| (139) If the ordinance was adopted on January 25,
| | 1993 by the City of LaSalle.
|
| (140) If the ordinance was adopted on December 23,
| | 1997 by the Village of Dieterich.
|
| (141) If the ordinance was adopted on February 10,
| | 2016 by the Village of Rosemont to create the Balmoral/Pearl TIF No. 8 Tax Increment Financing Redevelopment Project Area.
|
| (142) If the ordinance was adopted on June 11, 2002
| | by the City of Oak Forest.
|
| (143) If the ordinance was adopted on January 31,
| | 1995 by the Village of Milledgeville.
|
| (144) If the ordinance was adopted on February 5,
| | 1996 by the Village of Pearl City.
|
| (145) If the ordinance was adopted on December 21,
| | 1994 by the City of Calumet City.
|
| (146) If the ordinance was adopted on May 5, 2003 by
| | (147) If the ordinance was adopted on June 2, 1998 by
| | (148) If the ordinance was adopted on October 23,
| | 1995 by the City of Marion.
|
| (149) If the ordinance was adopted on May 24, 2001 by
| | the Village of Hanover Park.
|
| (150) If the ordinance was adopted on May 30, 1995 by
| | (151) If the ordinance was adopted on April 15, 1997
| | by the City of Edwardsville.
|
| (152) If the ordinance was adopted on September 5,
| | 1995 by the City of Granite City.
|
| (153) If the ordinance was adopted on June 21, 1999
| | by the Village of Table Grove.
|
| (154) If the ordinance was adopted on February 23,
| | 1995 by the City of Springfield.
|
| (155) If the ordinance was adopted on August 11, 1999
| | (156) If the ordinance was adopted on December 26,
| | 1995 by the Village of Posen.
|
| (157) If the ordinance was adopted on July 1, 1995 by
| | the Village of Caseyville.
|
| (158) If the ordinance was adopted on January 30,
| | 1996 by the City of Madison.
|
| (159) If the ordinance was adopted on February 2,
| | 1996 by the Village of Hartford.
|
| (160) If the ordinance was adopted on July 2, 1996 by
| | (161) If the ordinance was adopted on March 21, 2000
| | by the City of Hoopeston.
|
| (162) If the ordinance was adopted on March 22, 2005
| | by the City of Hoopeston.
|
| (163) If the ordinance was adopted on July 10, 1996
| | by the City of Chicago to create the Goose Island TIF District.
|
| (164) If the ordinance was adopted on December 11,
| | 1996 by the City of Chicago to create the Bryn Mawr/Broadway TIF District.
|
| (165) If the ordinance was adopted on December 31,
| | 1995 by the City of Chicago to create the 95th/Western TIF District.
|
| (166) If the ordinance was adopted on October 7, 1998
| | by the City of Chicago to create the 71st and Stony Island TIF District.
|
| (167) If the ordinance was adopted on April 19, 1995
| | by the Village of North Utica.
|
| (168) If the ordinance was adopted on April 22, 1996
| | (169) If the ordinance was adopted on June 9, 2008 by
| | the City of Country Club Hills.
|
| (170) If the ordinance was adopted on July 3, 1996 by
| | (171) If the ordinance was adopted on May 19, 1997 by
| | (172) If the ordinance was adopted on August 13, 2001
| | by the Village of Saunemin.
|
| (173) If the ordinance was adopted on January 10,
| | 2005 by the Village of Romeoville.
|
| (174) If the ordinance was adopted on January 28,
| | 1997 by the City of Berwyn for the South Berwyn Corridor Tax Increment Financing District.
|
| (175) If the ordinance was adopted on January 28,
| | 1997 by the City of Berwyn for the Roosevelt Road Tax Increment Financing District.
|
| (176) If the ordinance was adopted on May 3, 2001 by
| | the Village of Hanover Park for the Village Center Tax Increment Financing Redevelopment Project Area (TIF # 3).
|
| (177) If the ordinance was adopted on January 1, 1996
| | (178) If the ordinance was adopted on January 28,
| | 2002 by the Village of Okawville.
|
| (179) If the ordinance was adopted on October 4, 1999
| | (180) If the ordinance was adopted on June 16, 2003
| | by the City of Rushville.
|
| (181) If the ordinance was adopted on December 7,
| | 1998 by the City of Quincy for the Central Business District West Tax Increment Redevelopment Project Area.
|
| (182) If the ordinance was adopted on March 27, 1997
| | by the Village of Maywood approving the Roosevelt Road TIF District.
|
| (183) If the ordinance was adopted on March 27, 1997
| | by the Village of Maywood approving the Madison Street/Fifth Avenue TIF District.
|
| (184) If the ordinance was adopted on November 10,
| | 1997 by the Village of Park Forest.
|
| (185) If the ordinance was adopted on July 30, 1997
| | by the City of Chicago to create the Near North TIF district.
|
| (186) If the ordinance was adopted on December 1,
| | 2000 by the Village of Mahomet.
|
| (187) If the ordinance was adopted on June 16, 1999
| | by the Village of Washburn.
|
| (188) If the ordinance was adopted on August 19, 1998
| | by the Village of New Berlin.
|
| (189) If the ordinance was adopted on February 5,
| | 2002 by the City of Highwood.
|
| (190) If the ordinance was adopted on June 1, 1997 by
| | (191) If the ordinance was adopted on August 17, 1999
| | (192) If the ordinance was adopted on June 13, 2005
| | by the City of Mount Carroll.
|
| (193) If the ordinance was adopted on March 25, 2008
| | by the Village of Elizabeth.
|
| (194) If the ordinance was adopted on February 22,
| | 2000 by the City of Mount Pulaski.
|
| (195) If the ordinance was adopted on November 21,
| | 2000 by the City of Effingham.
|
| (196) If the ordinance was adopted on January 28,
| | 2003 by the City of Effingham.
|
| (197) If the ordinance was adopted on February 4,
| | 2008 by the City of Polo.
|
| (198) If the ordinance was adopted on August 17, 2005
| | by the Village of Bellwood to create the Park Place TIF.
|
| (199) If the ordinance was adopted on July 16, 2014
| | by the Village of Bellwood to create the North-2014 TIF.
|
| (200) If the ordinance was adopted on July 16, 2014
| | by the Village of Bellwood to create the South-2014 TIF.
|
| (201) If the ordinance was adopted on July 16, 2014
| | by the Village of Bellwood to create the Central Metro-2014 TIF.
|
| (202) If the ordinance was adopted on September 17,
| | 2014 by the Village of Bellwood to create the Addison Creek "A" (Southwest)-2014 TIF.
|
| (203) If the ordinance was adopted on September 17,
| | 2014 by the Village of Bellwood to create the Addison Creek "B" (Northwest)-2014 TIF.
|
| (204) If the ordinance was adopted on September 17,
| | 2014 by the Village of Bellwood to create the Addison Creek "C" (Northeast)-2014 TIF.
|
| (205) If the ordinance was adopted on September 17,
| | 2014 by the Village of Bellwood to create the Addison Creek "D" (Southeast)-2014 TIF.
|
| (206) If the ordinance was adopted on June 26, 2007
| | (207) If the ordinance was adopted on October 28,
| | 2008 by the City of Peoria.
|
| (208) If the ordinance was adopted on April 4, 2000
| | by the City of Joliet to create the Joliet City Center TIF District.
|
| (209) If the ordinance was adopted on July 8, 1998 by
| | the City of Chicago to create the 43rd/Cottage Grove TIF district.
|
| (210) If the ordinance was adopted on July 8, 1998 by
| | the City of Chicago to create the 79th Street Corridor TIF district.
|
| (211) If the ordinance was adopted on November 4,
| | 1998 by the City of Chicago to create the Bronzeville TIF district.
|
| (212) If the ordinance was adopted on February 5,
| | 1998 by the City of Chicago to create the Homan/Arthington TIF district.
|
| (213) If the ordinance was adopted on December 8,
| | 1998 by the Village of Plainfield.
|
| (214) If the ordinance was adopted on July 17, 2000
| | (215) If the ordinance was adopted on December 27,
| | 2006 by the City of Greenville.
|
| (216) If the ordinance was adopted on June 10, 1998
| | by the City of Chicago to create the Kinzie Industrial TIF district.
|
| (217) If the ordinance was adopted on December 2,
| | 1998 by the City of Chicago to create the Northwest Industrial TIF district.
|
| (218) If the ordinance was adopted on June 10, 1998
| | by the City of Chicago to create the Pilsen Industrial TIF district.
|
| (219) If the ordinance was adopted on January 14,
| | 1997 by the City of Chicago to create the 35th/Halsted TIF district.
|
| (220) If the ordinance was adopted on June 9, 1999 by
| | the City of Chicago to create the Pulaski Corridor TIF district.
|
| (221) If the ordinance was adopted on December 16,
| | 1997 by the City of Springfield to create the Enos Park Neighborhood TIF District.
|
| (222) If the ordinance was adopted on February 5,
| | 1998 by the City of Chicago to create the Roosevelt/Cicero redevelopment project area.
|
| (223) If the ordinance was adopted on February 5,
| | 1998 by the City of Chicago to create the Western/Ogden redevelopment project area.
|
| (224) If the ordinance was adopted on July 21, 1999
| | by the City of Chicago to create the 24th/Michigan Avenue redevelopment project area.
|
| (225) If the ordinance was adopted on January 20,
| | 1999 by the City of Chicago to create the Woodlawn redevelopment project area.
|
| (226) If the ordinance was adopted on July 7, 1999 by
| | the City of Chicago to create the Clark/Montrose redevelopment project area.
|
| (227) If the ordinance was adopted on November 4,
| | 2003 by the City of Madison to create the Rivers Edge redevelopment project area.
|
| (228) If the ordinance was adopted on August 12, 2003
| | by the City of Madison to create the Caine Street redevelopment project area.
|
| (229) If the ordinance was adopted on March 7, 2000
| | by the City of Madison to create the East Madison TIF.
|
| (230) If the ordinance was adopted on August 3, 2001
| | by the Village of Aviston.
|
| (231) If the ordinance was adopted on August 22, 2011
| | by the Village of Warren.
|
| (232) If the ordinance was adopted on April 8, 1999
| | by the City of Farmer City.
|
| (233) If the ordinance was adopted on August 4, 1999
| | by the Village of Fairmont City.
|
| (234) If the ordinance was adopted on October 2, 1999
| | by the Village of Fairmont City.
|
| (235) If the ordinance was adopted December 16, 1999
| | by the City of Springfield.
|
| (236) If the ordinance was adopted on December 13,
| | 1999 by the Village of Palatine to create the Village of Palatine Downtown Area TIF District.
|
| (237) If the ordinance was adopted on September 29,
| | 1999 by the City of Chicago to create the 111th/Kedzie redevelopment project area.
|
| (238) If the ordinance was adopted on November 12,
| | 1998 by the City of Chicago to create the Canal/Congress redevelopment project area.
|
| (239) If the ordinance was adopted on July 7, 1999 by
| | the City of Chicago to create the Galewood/Armitage Industrial redevelopment project area.
|
| (240) If the ordinance was adopted on September 29,
| | 1999 by the City of Chicago to create the Madison/Austin Corridor redevelopment project area.
|
| (241) If the ordinance was adopted on April 12, 2000
| | by the City of Chicago to create the South Chicago redevelopment project area.
|
| (242) If the ordinance was adopted on January 9, 2002
| | by the Village of Elkhart.
|
| (243) If the ordinance was adopted on May 23, 2000 by
| | the City of Robinson to create the West Robinson Industrial redevelopment project area.
|
| (244) If the ordinance was adopted on October 9, 2001
| | by the City of Robinson to create the Downtown Robinson redevelopment project area.
|
| (245) If the ordinance was adopted on September 19,
| | 2000 by the Village of Valmeyer.
|
| (246) If the ordinance was adopted on April 15, 2002
| | by the City of McHenry to create the Downtown TIF district.
|
| (247) If the ordinance was adopted on February 15,
| | 1999 by the Village of Channahon.
|
| (248) If the ordinance was adopted on December 19,
| | 2000 by the City of Peoria.
|
| (249) If the ordinance was adopted on July 24, 2000
| | by the City of Rock Island to create the North 11th Street redevelopment project area.
|
| (250) If the ordinance was adopted on February 5,
| | 2002 by the City of Champaign to create the North Campustown TIF.
|
| (251) If the ordinance was adopted on November 20,
| | 2000 by the Village of Evergreen Park.
|
| (252) If the ordinance was adopted on February 16,
| | 2000 by the City of Chicago to create the Fullerton/Milwaukee redevelopment project area.
|
| (253) If the ordinance was adopted on October 23,
| | 2006 by the Village of Bourbonnais to create the Bourbonnais Industrial Park Conservation Area.
|
| (254) If the ordinance was adopted on February 22,
| | 2000 by the City of Geneva to create the East State Street redevelopment project area.
|
| (255) If the ordinance was adopted on February 6,
| | 2001 by the Village of Downers Grove to create the Ogden Avenue redevelopment project area.
|
| (256) If the ordinance was adopted on June 27, 2001
| | by the City of Chicago to create the Division/Homan redevelopment project area.
|
| (257) If the ordinance was adopted on May 17, 2000 by
| | the City of Chicago to create the 63rd/Pulaski redevelopment project area.
|
| (258) If the ordinance was adopted on March 10, 1999
| | by the City of Chicago to create the Greater Southwest Industrial (East) redevelopment project area.
|
| (259) If the ordinance was adopted on February 16,
| | 2000 by the City of Chicago to create the Lawrence/Kedzie redevelopment project area.
|
| (260) If the ordinance was adopted on November 3,
| | 1999 by the City of Chicago to create the Lincoln Avenue redevelopment project area.
|
| (261) If the ordinance was adopted on September 3,
| | 2015 by the Village of Fox River Grove to create the Downtown TIF #2 redevelopment project area.
|
| (d) For redevelopment project areas for which bonds were issued before July 29, 1991, or for which contracts were entered into before June 1, 1988, in connection with a redevelopment project in the area within the State Sales Tax Boundary, the estimated dates of completion of the redevelopment project and retirement of obligations to finance redevelopment project costs (including refunding bonds under Section 11-74.4-7) may be extended by municipal ordinance to December 31, 2013. The termination procedures of subsection (b) of Section 11-74.4-8 are not required for these redevelopment project areas in 2009 but are required in 2013. The extension allowed by Public Act 87-1272 shall not apply to real property tax increment allocation financing under Section 11-74.4-8.
(e) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were adopted on or after December 16, 1986 and for which at least $8 million worth of municipal bonds were authorized on or after December 19, 1989 but before January 1, 1990; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance.
(f) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 35 years for redevelopment project areas that were established on or after December 1, 1981 but before January 1, 1982 and for which at least $1,500,000 worth of tax increment revenue bonds were authorized on or after September 30, 1990 but before July 1, 1991; provided that the municipality elects to extend the life of the redevelopment project area to 35 years by the adoption of an ordinance after at least 14 but not more than 30 days' written notice to the taxing bodies, that would otherwise constitute the joint review board for the redevelopment project area, before the adoption of the ordinance.
(f-1) (Blank).
(f-2) (Blank).
(f-3) (Blank).
(f-5) Those dates, for purposes of real property tax increment allocation financing pursuant to Section 11-74.4-8 only, shall be not more than 47 years for redevelopment project areas listed in this subsection; provided that (i) the municipality adopts an ordinance extending the life of the redevelopment project area to 47 years and (ii) the municipality provides notice to the taxing bodies that would otherwise constitute the joint review board for the redevelopment project area not more than 30 and not less than 14 days prior to the adoption of that ordinance:
(1) If the redevelopment project area was established
| | on December 29, 1981 by the City of Springfield.
|
| (2) If the redevelopment project area was established
| | on December 29, 1986 by the City of Morris and that is known as the Morris TIF District 1.
|
| (3) If the redevelopment project area was established
| | on December 31, 1986 by the Village of Cahokia.
|
| (4) If the redevelopment project area was established
| | on December 20, 1986 by the City of Charleston.
|
| (5) If the redevelopment project area was established
| | on December 23, 1986 by the City of Beardstown.
|
| (6) If the redevelopment project area was established
| | on December 23, 1986 by the Town of Cicero.
|
| (7) If the redevelopment project area was established
| | on December 29, 1986 by the City of East St. Louis.
|
| (8) If the redevelopment project area was established
| | on January 23, 1991 by the City of East St. Louis.
|
| (9) If the redevelopment project area was established
| | on December 29, 1986 by the Village of Gardner.
|
| (10) If the redevelopment project area was
| | established on June 11, 2002 by the City of East Peoria to create the West Washington Street TIF.
|
| (11) If the redevelopment project area was
| | established on December 22, 1986 by the City of Washington creating the Washington Square TIF #2.
|
| (12) If the redevelopment project area was
| | established on November 11, 1986 by the City of Pekin.
|
| (13) If the redevelopment project area was
| | established on December 30, 1986 by the City of Belleville.
|
| (14) If the ordinance was adopted on April 3, 1989 by
| | the City of Chicago Heights.
|
| (15) If the redevelopment project area was
| | established on December 29, 1986 by the City of Pontiac to create TIF I (the Main St TIF).
|
| (16) If the redevelopment project area was
| | established on December 29, 1986 by the City of Pontiac to create TIF II (the Interstate TIF).
|
| (17) If the redevelopment project area was
| | established on December 23, 1986 by the City of Sparta to create TIF #1. Any termination procedures provided for in Section 11-74.4-8 are not required for this redevelopment project area prior to the 47th calendar year after the year in which the ordinance approving the redevelopment project year was adopted.
|
| (18) If the redevelopment project area was
| | established on March 30, 1992 by the Village of Ohio to create the Village of Ohio TIF District.
|
| (19) If the redevelopment project area was
| | established on December 13, 1993 by the Village of Crete.
|
| (20) If the redevelopment project area was
| | established on February 12, 2001 by the Village of Crete.
|
| (21) If the redevelopment project area was
| | established on April 23, 2001 by the Village of Crete.
|
| (g) In consolidating the material relating to completion dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, it is not the intent of the General Assembly to make any substantive change in the law, except for the extension of the completion dates for the City of Aurora, the Village of Milan, the City of West Frankfort, the Village of Libertyville, and the Village of Hoffman Estates set forth under items (67), (68), (69), (70), and (71) of subsection (c) of this Section.
(Source: P.A. 102-117, eff. 7-23-21; 102-424, eff. 8-20-21; 102-425, eff. 8-20-21; 102-446, eff. 8-20-21; 102-473, eff. 8-20-21; 102-627, eff. 8-27-21; 102-675, eff. 11-30-21; 102-745, eff. 5-6-22; 102-818, eff. 5-13-22; 102-1113, eff. 12-21-22; 103-315, eff. 7-28-23; 103-575, eff. 12-8-23.)
|
65 ILCS 5/11-74.4-4
(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment project
areas. The changes made by this amendatory Act of the 91st General Assembly
do not apply to a municipality that, (i) before the effective date of this
amendatory Act of the 91st General Assembly, has adopted an ordinance or
resolution fixing a time and place for a
public hearing under Section 11-74.4-5 or (ii) before July 1, 1999, has
adopted an ordinance or resolution providing for a feasibility study under
Section 11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under this Section; thereafter the changes made by
this amendatory Act of the 91st General Assembly apply to the same extent that
they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
A municipality may: (a) By ordinance introduced in the governing body of | | the municipality within 14 to 90 days from the completion of the hearing specified in Section 11-74.4-5 approve redevelopment plans and redevelopment projects, and designate redevelopment project areas pursuant to notice and hearing required by this Act. No redevelopment project area shall be designated unless a plan and project are approved prior to the designation of such area and such area shall include only those contiguous parcels of real property and improvements thereon substantially benefited by the proposed redevelopment project improvements. Upon adoption of the ordinances, the municipality shall forthwith transmit to the county clerk of the county or counties within which the redevelopment project area is located a certified copy of the ordinances, a legal description of the redevelopment project area, a map of the redevelopment project area, identification of the year that the county clerk shall use for determining the total initial equalized assessed value of the redevelopment project area consistent with subsection (a) of Section 11-74.4-9, and a list of the parcel or tax identification number of each parcel of property included in the redevelopment project area. For purposes of this Division, parcels are contiguous if they touch or join one another in a reasonably substantial physical sense or if they meet the criteria for annexation to a municipality under Section 7-1-1 of this Code.
|
|
The changes made by this amendatory Act of the 102nd
| | General Assembly, are declarative of existing law and shall be applied retroactively when substantively applicable, including all pending actions without regard to when the cause of action accrued; however, this amendatory Act of the 102nd General Assembly does not affect the rights of any party that is subject to a final judgment entered pursuant to the opinion of the September 23, 2021 Illinois Supreme Court in Board of Education of Richland School District 88A v. City of Crest Hill, 2021 IL 126444.
|
| (b) Make and enter into all contracts with property
| | owners, developers, tenants, overlapping taxing bodies, and others necessary or incidental to the implementation and furtherance of its redevelopment plan and project. Contract provisions concerning loan repayment obligations in contracts entered into on or after the effective date of this amendatory Act of the 93rd General Assembly shall terminate no later than the last to occur of the estimated dates of completion of the redevelopment project and retirement of the obligations issued to finance redevelopment project costs as required by item (3) of subsection (n) of Section 11-74.4-3. Payments received under contracts entered into by the municipality prior to the effective date of this amendatory Act of the 93rd General Assembly that are received after the redevelopment project area has been terminated by municipal ordinance shall be deposited into a special fund of the municipality to be used for other community redevelopment needs within the redevelopment project area.
|
|
(c) Within a redevelopment project area, acquire by
| | purchase, donation, lease or eminent domain; own, convey, lease, mortgage or dispose of land and other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the municipality determines is reasonably necessary to achieve the objectives of the redevelopment plan and project. No conveyance, lease, mortgage, disposition of land or other property owned by a municipality, or agreement relating to the development of such municipal property shall be made except upon the adoption of an ordinance by the corporate authorities of the municipality. Furthermore, no conveyance, lease, mortgage, or other disposition of land owned by a municipality or agreement relating to the development of such municipal property shall be made without making public disclosure of the terms of the disposition and all bids and proposals made in response to the municipality's request. The procedures for obtaining such bids and proposals shall provide reasonable opportunity for any person to submit alternative proposals or bids.
|
|
(d) Within a redevelopment project area, clear any
| | area by demolition or removal of any existing buildings and structures.
|
|
(e) Within a redevelopment project area, renovate or
| | rehabilitate or construct any structure or building, as permitted under this Act.
|
|
(f) Install, repair, construct, reconstruct or
| | relocate streets, utilities and site improvements essential to the preparation of the redevelopment area for use in accordance with a redevelopment plan.
|
|
(g) Within a redevelopment project area, fix, charge
| | and collect fees, rents and charges for the use of any building or property owned or leased by it or any part thereof, or facility therein.
|
|
(h) Accept grants, guarantees and donations of
| | property, labor, or other things of value from a public or private source for use within a project redevelopment area.
|
|
(i) Acquire and construct public facilities within a
| | redevelopment project area, as permitted under this Act.
|
|
(j) Incur project redevelopment costs and reimburse
| | developers who incur redevelopment project costs authorized by a redevelopment agreement; provided, however, that on and after the effective date of this amendatory Act of the 91st General Assembly, no municipality shall incur redevelopment project costs (except for planning costs and any other eligible costs authorized by municipal ordinance or resolution that are subsequently included in the redevelopment plan for the area and are incurred by the municipality after the ordinance or resolution is adopted) that are not consistent with the program for accomplishing the objectives of the redevelopment plan as included in that plan and approved by the municipality until the municipality has amended the redevelopment plan as provided elsewhere in this Act.
|
|
(k) Create a commission of not less than 5 or more
| | than 15 persons to be appointed by the mayor or president of the municipality with the consent of the majority of the governing board of the municipality. Members of a commission appointed after the effective date of this amendatory Act of 1987 shall be appointed for initial terms of 1, 2, 3, 4 and 5 years, respectively, in such numbers as to provide that the terms of not more than 1/3 of all such members shall expire in any one year. Their successors shall be appointed for a term of 5 years. The commission, subject to approval of the corporate authorities may exercise the powers enumerated in this Section. The commission shall also have the power to hold the public hearings required by this division and make recommendations to the corporate authorities concerning the adoption of redevelopment plans, redevelopment projects and designation of redevelopment project areas.
|
|
(l) Make payment in lieu of taxes or a portion
| | thereof to taxing districts. If payments in lieu of taxes or a portion thereof are made to taxing districts, those payments shall be made to all districts within a project redevelopment area on a basis which is proportional to the current collections of revenue which each taxing district receives from real property in the redevelopment project area.
|
|
(m) Exercise any and all other powers necessary to
| | effectuate the purposes of this Act.
|
|
(n) If any member of the corporate authority, a
| | member of a commission established pursuant to Section 11-74.4-4(k) of this Act, or an employee or consultant of the municipality involved in the planning and preparation of a redevelopment plan, or project for a redevelopment project area or proposed redevelopment project area, as defined in Sections 11-74.4-3(i) through (k) of this Act, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates and terms and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the corporate authorities and entered upon the minute books of the corporate authorities. If an individual holds such an interest then that individual shall refrain from any further official involvement in regard to such redevelopment plan, project or area, from voting on any matter pertaining to such redevelopment plan, project or area, or communicating with other members concerning corporate authorities, commission or employees concerning any matter pertaining to said redevelopment plan, project or area. Furthermore, no such member or employee shall acquire of any interest direct, or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan, project or area or (b) first public notice of such plan, project or area pursuant to Section 11-74.4-6 of this Division, whichever occurs first. For the purposes of this subsection, a property interest acquired in a single parcel of property by a member of the corporate authority, which property is used exclusively as the member's primary residence, shall not be deemed to constitute an interest in any property included in a redevelopment area or proposed redevelopment area that was established before December 31, 1989, but the member must disclose the acquisition to the municipal clerk under the provisions of this subsection. A single property interest acquired within one year after the effective date of this amendatory Act of the 94th General Assembly or 2 years after the effective date of this amendatory Act of the 95th General Assembly by a member of the corporate authority does not constitute an interest in any property included in any redevelopment area or proposed redevelopment area, regardless of when the redevelopment area was established, if (i) the property is used exclusively as the member's primary residence, (ii) the member discloses the acquisition to the municipal clerk under the provisions of this subsection, (iii) the acquisition is for fair market value, (iv) the member acquires the property as a result of the property being publicly advertised for sale, and (v) the member refrains from voting on, and communicating with other members concerning, any matter when the benefits to the redevelopment project or area would be significantly greater than the benefits to the municipality as a whole. For the purposes of this subsection, a month-to-month leasehold interest in a single parcel of property by a member of the corporate authority shall not be deemed to constitute an interest in any property included in any redevelopment area or proposed redevelopment area, but the member must disclose the interest to the municipal clerk under the provisions of this subsection.
|
|
(o) Create a Tax Increment Economic Development
| | Advisory Committee to be appointed by the Mayor or President of the municipality with the consent of the majority of the governing board of the municipality, the members of which Committee shall be appointed for initial terms of 1, 2, 3, 4 and 5 years respectively, in such numbers as to provide that the terms of not more than 1/3 of all such members shall expire in any one year. Their successors shall be appointed for a term of 5 years. The Committee shall have none of the powers enumerated in this Section. The Committee shall serve in an advisory capacity only. The Committee may advise the governing Board of the municipality and other municipal officials regarding development issues and opportunities within the redevelopment project area or the area within the State Sales Tax Boundary. The Committee may also promote and publicize development opportunities in the redevelopment project area or the area within the State Sales Tax Boundary.
|
|
(p) Municipalities may jointly undertake and perform
| | redevelopment plans and projects and utilize the provisions of the Act wherever they have contiguous redevelopment project areas or they determine to adopt tax increment financing with respect to a redevelopment project area which includes contiguous real property within the boundaries of the municipalities, and in doing so, they may, by agreement between municipalities, issue obligations, separately or jointly, and expend revenues received under the Act for eligible expenses anywhere within contiguous redevelopment project areas or as otherwise permitted in the Act. With respect to redevelopment project areas that are established within a transit facility improvement area, the provisions of this subsection apply only with respect to such redevelopment project areas that are contiguous to each other.
|
|
(q) Utilize revenues, other than State sales tax
| | increment revenues, received under this Act from one redevelopment project area for eligible costs in another redevelopment project area that is:
|
| (i) contiguous to the redevelopment project area
| | from which the revenues are received;
|
| (ii) separated only by a public right of way from
| | the redevelopment project area from which the revenues are received; or
|
| (iii) separated only by forest preserve property
| | from the redevelopment project area from which the revenues are received if the closest boundaries of the redevelopment project areas that are separated by the forest preserve property are less than one mile apart.
|
| Utilize tax increment revenues for eligible costs
| | that are received from a redevelopment project area created under the Industrial Jobs Recovery Law that is either contiguous to, or is separated only by a public right of way from, the redevelopment project area created under this Act which initially receives these revenues. Utilize revenues, other than State sales tax increment revenues, by transferring or loaning such revenues to a redevelopment project area created under the Industrial Jobs Recovery Law that is either contiguous to, or separated only by a public right of way from the redevelopment project area that initially produced and received those revenues; and, if the redevelopment project area (i) was established before the effective date of this amendatory Act of the 91st General Assembly and (ii) is located within a municipality with a population of more than 100,000, utilize revenues or proceeds of obligations authorized by Section 11-74.4-7 of this Act, other than use or occupation tax revenues, to pay for any redevelopment project costs as defined by subsection (q) of Section 11-74.4-3 to the extent that the redevelopment project costs involve public property that is either contiguous to, or separated only by a public right of way from, a redevelopment project area whether or not redevelopment project costs or the source of payment for the costs are specifically set forth in the redevelopment plan for the redevelopment project area.
|
|
(r) If no redevelopment project has been initiated in
| | a redevelopment project area within 7 years after the area was designated by ordinance under subsection (a), the municipality shall adopt an ordinance repealing the area's designation as a redevelopment project area; provided, however, that if an area received its designation more than 3 years before the effective date of this amendatory Act of 1994 and no redevelopment project has been initiated within 4 years after the effective date of this amendatory Act of 1994, the municipality shall adopt an ordinance repealing its designation as a redevelopment project area. Initiation of a redevelopment project shall be evidenced by either a signed redevelopment agreement or expenditures on eligible redevelopment project costs associated with a redevelopment project.
|
| Notwithstanding any other provision of this Section
| | to the contrary, with respect to a redevelopment project area designated by an ordinance that was adopted on July 29, 1998 by the City of Chicago, the City of Chicago shall adopt an ordinance repealing the area's designation as a redevelopment project area if no redevelopment project has been initiated in the redevelopment project area within 15 years after the designation of the area. The City of Chicago may retroactively repeal any ordinance adopted by the City of Chicago, pursuant to this subsection (r), that repealed the designation of a redevelopment project area designated by an ordinance that was adopted by the City of Chicago on July 29, 1998. The City of Chicago has 90 days after the effective date of this amendatory Act to repeal the ordinance. The changes to this Section made by this amendatory Act of the 96th General Assembly apply retroactively to July 27, 2005.
|
|
(s) The various powers and duties described in this
| | Section that apply to a redevelopment project area shall also apply to a transit facility improvement area established prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly.
|
| (Source: P.A. 102-627, eff. 8-27-21; 102-818, eff. 5-13-22.)
|
65 ILCS 5/11-74.4-4.1
(65 ILCS 5/11-74.4-4.1)
Sec. 11-74.4-4.1.
Feasibility study.
(a) If a municipality by its corporate authorities, or as it
may determine by any commission designated under
subsection (k) of Section 11-74.4-4, adopts an ordinance or resolution
providing
for a feasibility study on the designation of an area as a redevelopment
project area, a copy
of the ordinance or resolution shall immediately be sent to all taxing
districts that would be affected by the designation.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the
ordinance
or resolution shall include:
(1) The boundaries of the area to be studied for | | possible designation as a redevelopment project area.
|
|
(2) The purpose or purposes of the proposed
| | redevelopment plan and project.
|
|
(3) A general description of tax increment allocation
| | financing under this Act.
|
|
(4) The name, phone number, and address of the
| | municipal officer who can be contacted for additional information about the proposed redevelopment project area and who should receive all comments and suggestions regarding the redevelopment of the area to be studied.
|
|
(b) If one of the purposes of the planned redevelopment project area should
reasonably be expected to
result in the displacement of
residents from 10 or more
inhabited residential units, the
municipality shall adopt a resolution or ordinance providing for the
feasibility
study described in subsection (a). The ordinance or resolution shall also
require that the feasibility study include the preparation of the housing
impact study set forth in paragraph (5) of subsection (n) of Section 11-74.4-3.
If the redevelopment plan will not result in displacement of
residents
from 10 or more inhabited residential units, and the municipality
certifies in the plan that
such displacement will not result from the plan, then a resolution or
ordinance need not
be adopted.
(c) As used in this Section, "feasibility study" means a preliminary
report to assist
a
municipality to determine whether or not tax increment allocation financing is
appropriate
for effective
redevelopment of a proposed redevelopment project area.
(Source: P.A. 92-263, eff. 8-7-01; 92-624, eff.
7-11-02; 93-298, eff. 7-23-03.)
|
65 ILCS 5/11-74.4-4.2
(65 ILCS 5/11-74.4-4.2)
Sec. 11-74.4-4.2.
Interested parties registry.
On and after the effective
date of this amendatory Act of the 91st General Assembly, the municipality
shall by its corporate
authority create an "interested
parties" registry for activities related to the redevelopment project area.
The
municipality shall adopt reasonable registration rules and shall prescribe the
necessary registration forms for residents and organizations active within the
municipality that seek to be placed on the "interested parties" registry. At a
minimum, the rules for registration shall provide for a renewable period of
registration of not less than 3 years and notification to registered
organizations and individuals by mail at the address provided upon
registration prior to termination of their registration, unless the
municipality decides that it will establish a policy of not terminating
interested parties from the registry, in which case no notice will be required.
Such rules shall not
be used to prohibit or otherwise interfere with the ability of eligible
organizations and individuals to register for receipt of information to which
they are entitled under this statute, including the information required by:
(1) subsection (a) of Section 11-74.4-5;
(2) paragraph (9) of subsection (d) of Section 11-74.4-5; and
(3) subsection (e) of Section 11-74.4-6.
(Source: P.A. 91-478, eff. 11-1-99.)
|
65 ILCS 5/11-74.4-5
(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
Sec. 11-74.4-5. Public hearing; joint review board. (a) The changes made by this amendatory Act of the 91st
General Assembly do not apply to a municipality that, (i) before the
effective date of this amendatory Act of the 91st General Assembly,
has adopted an ordinance or resolution fixing a time and place for a
public hearing under this Section or (ii) before July 1, 1999, has adopted
an ordinance or resolution providing for a feasibility study under Section
11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4, until after that
municipality adopts an ordinance
approving redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4; thereafter the changes
made by this amendatory Act of the 91st General Assembly apply to the same
extent that they apply to
redevelopment plans and redevelopment projects that were approved and
redevelopment projects that were designated before the effective date of this
amendatory Act of the 91st General Assembly.
Prior to the adoption of an ordinance proposing the
designation of a redevelopment project area, or approving a
redevelopment plan or redevelopment project, the municipality by its
corporate authorities, or as it may determine by any commission
designated under subsection (k) of Section 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time and place for public hearing.
At least 10 days prior to the adoption of the ordinance or resolution
establishing the time
and place for the public hearing, the municipality shall make available for
public inspection a redevelopment plan or a separate report that provides in
reasonable detail the basis for the eligibility of
the redevelopment project area. The report along with the name of a
person to
contact for further information shall be sent within a reasonable time
after the adoption of such ordinance or resolution to the
affected taxing districts
by certified mail.
On and after the effective date of this amendatory Act of the 91st General
Assembly, the municipality shall print in a newspaper of general circulation
within the municipality a notice that interested persons may register with the
municipality in order to receive information on the proposed designation of a
redevelopment project area or the approval of a redevelopment plan. The notice
shall state the place of registration and the operating hours of that place.
The municipality shall have adopted reasonable rules to implement this
registration process under Section 11-74.4-4.2.
The municipality shall provide notice of the availability of the
redevelopment plan and eligibility report, including how to obtain this
information, by mail within a reasonable time after the adoption of the
ordinance or resolution, to all residential addresses that, after a good faith
effort, the municipality determines are located outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area. This requirement is
subject to the limitation that in a municipality with a population of over
100,000, if the total number of residential addresses outside the proposed
redevelopment project area and within 750 feet of the
boundaries of the proposed redevelopment project area exceeds 750, the
municipality shall be required to provide the notice to only the 750
residential addresses that, after a good faith effort, the municipality
determines are outside the proposed redevelopment project area and closest
to the boundaries of the proposed redevelopment project
area.
Notwithstanding the foregoing, notice given after August 7, 2001 (the
effective date of Public Act 92-263) and before the effective date of this
amendatory Act of the 92nd General Assembly to residential addresses within 750
feet of the boundaries of a proposed redevelopment project area shall be deemed
to have been sufficiently given in compliance with this Act if given only to
residents outside the boundaries of the proposed redevelopment project area.
The notice shall also be provided by the municipality, regardless of its
population, to those organizations and residents that have registered with the
municipality for that information in accordance with the registration
guidelines established by the municipality under Section 11-74.4-4.2.
At the public hearing any
interested person or affected taxing district may file with the
municipal clerk written objections to and may be heard orally in respect
to any issues embodied in the notice. The municipality shall hear all protests
and objections at the hearing and the hearing may
be adjourned to another date without further notice other than a motion
to be entered upon the minutes fixing the time and place of the
subsequent hearing.
At the public hearing or at any time prior to the
adoption by the municipality of an ordinance approving a redevelopment plan,
the municipality may make changes in the redevelopment plan. Changes which (1)
add additional parcels of property to the proposed redevelopment project area,
(2) substantially affect the general land uses proposed in the redevelopment
plan, (3) substantially change the nature of or extend the life of the
redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total of more than
10,
shall be made only after the
municipality gives notice,
convenes a joint review board, and conducts a public hearing pursuant to the
procedures set forth in this Section and in Section 11-74.4-6 of this Act.
Changes which do not (1) add additional parcels of property to the proposed
redevelopment project area, (2) substantially affect the general land uses
proposed in the redevelopment plan, (3) substantially change the nature of
or extend the life of the redevelopment project,
or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as
measured from the time of creation of the redevelopment project area, to a total
of more than 10,
may be made without further
hearing, provided that the municipality shall give notice of any such changes
by mail to each affected taxing district and registrant on the interested
parties registry, provided for under Section 11-74.4-4.2, and by publication in
a newspaper of
general circulation within the affected taxing district. Such notice by mail
and by publication shall each occur not later than 10 days following the
adoption by ordinance of such changes. Hearings with regard to a redevelopment
project area, project or plan may be held simultaneously.
(b) Prior to holding a public hearing to approve or amend a redevelopment
plan or to designate or add additional parcels of property to a redevelopment
project area, the municipality
shall convene a joint review board. The board shall consist of a representative
selected by each community college district, local elementary school
district and high school district or each local community unit school
district, park district, library district, township, fire protection
district, and county that will have the authority to
directly levy taxes on the property within the proposed redevelopment
project area at the time that the proposed redevelopment project area is
approved, a representative selected by the municipality and a public
member. The public member shall first be selected and then the board's
chairperson shall be selected by
a majority of the board members present and voting.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would
result in the displacement of residents from 10 or more inhabited residential
units or that include 75 or more inhabited residential units, the public member
shall be a person who resides in the redevelopment project area. If, as
determined by the housing impact study provided for in paragraph (5) of
subsection (n) of Section 11-74.4-3, or if no housing impact study is required
then based on other reasonable data, the majority of residential units are
occupied by very low, low, or moderate income households, as defined in Section
3 of the Illinois Affordable Housing Act, the public member shall be a person
who resides in very low, low, or moderate income housing within the
redevelopment project area. Municipalities with fewer than 15,000 residents
shall not be required to select a person who lives in very low, low, or
moderate income housing within the redevelopment project area, provided that
the redevelopment plan or project will not result in displacement of residents
from 10 or more inhabited units, and the municipality so certifies
in the plan. If no person satisfying these requirements is available or if no
qualified person will serve as the public member, then the joint review board
is relieved of this paragraph's selection requirements for the public
member.
Within 90 days of the effective date of this amendatory Act of the 91st
General Assembly, each municipality that designated a redevelopment project
area for which it was not required to convene a joint review board under this
Section shall convene a joint review board to perform the
duties specified under paragraph (e) of this Section.
All board members shall be appointed and the first board meeting shall be
held at least 14 days but not more than 28 days after the
mailing of notice by the
municipality to the taxing
districts as required by Section 11-74.4-6(c).
Notwithstanding the preceding sentence, a municipality that adopted either a
public hearing resolution or a feasibility resolution between July 1, 1999 and
July 1, 2000 that called for the meeting of the joint review board within 14
days of notice of public hearing to affected taxing districts is deemed to be
in compliance with the notice, meeting, and public hearing provisions of the
Act.
Such notice
shall also advise
the taxing bodies represented on the joint review board of the time and place
of the first meeting of the board. Additional meetings of the
board shall be held upon the call of any member. The municipality
seeking designation of the redevelopment project area shall provide
administrative support to the board.
The board shall review (i) the public record, planning documents and
proposed ordinances approving the redevelopment plan and
project and (ii) proposed amendments to the redevelopment plan or additions
of parcels of property to the redevelopment project area to be
adopted by the municipality. As part of its deliberations, the board may
hold additional hearings on the proposal. A
board's recommendation shall be
an advisory, non-binding recommendation. The recommendation shall be adopted
by a majority of those members present and voting. The recommendations shall
be submitted to the municipality
within 30 days after convening of the board.
Failure of the board to
submit
its report on a timely basis shall not be cause to delay the public hearing
or any other step in the process of designating or
amending the
redevelopment project area but shall be deemed to constitute approval by the
joint review board of the matters before it.
The board shall base its recommendation to approve or disapprove the
redevelopment plan and the designation of the redevelopment project area or the
amendment of the redevelopment plan or addition of parcels of property to the
redevelopment project area on the basis of the redevelopment project area and
redevelopment plan satisfying the
plan requirements, the eligibility criteria
defined in Section 11-74.4-3, and the objectives of this Act.
The board shall issue a written report describing why the
redevelopment plan and project area or the amendment thereof meets or
fails to meet one or more of the objectives of this Act and both the plan
requirements and the eligibility criteria defined in Section 11-74.4-3.
In the event the Board does not file a report it shall be presumed
that these taxing bodies find the redevelopment project area and
redevelopment plan satisfy the
objectives of this Act and the plan requirements and eligibility criteria.
If the board recommends rejection of the matters before it, the
municipality will have 30 days within which to resubmit the plan or amendment.
During this period, the municipality will meet and confer with the board and
attempt to resolve those issues set forth in the board's written report that
led to the rejection of the plan or amendment.
Notwithstanding the resubmission set forth above, the municipality may
commence the scheduled public hearing and either adjourn the public hearing or
continue the public hearing until a date certain. Prior to continuing any
public hearing to a date certain, the municipality shall announce during the
public hearing the time, date, and location for the reconvening of the public
hearing. Any changes to the redevelopment plan necessary to satisfy the issues
set forth in the joint review board report shall be the subject of a public
hearing before the hearing is adjourned if the changes would (1) substantially
affect the general land uses proposed in the redevelopment plan, (2)
substantially change the nature of or extend the life of the redevelopment
project, or (3) increase the number of inhabited residential units to be
displaced from the redevelopment project area, as
measured from the
time of creation of the redevelopment project area, to a total of
more than 10. Changes to the redevelopment plan necessary
to
satisfy the issues set forth in the joint review board report shall not require
any further notice or convening of a joint review board meeting, except that
any changes to the redevelopment plan that would add additional parcels of
property to the proposed redevelopment project area shall be subject to the
notice, public hearing, and joint review board meeting requirements established
for such changes by subsection (a) of Section 11-74.4-5.
In the event that the
municipality and the board are unable to resolve these differences, or in the
event that the resubmitted plan or amendment is rejected by the board, the
municipality may proceed with the plan or amendment, but only upon a
three-fifths vote of the corporate authority responsible for approval of the
plan or amendment, excluding positions of members that are vacant and those
members that are ineligible to vote because of conflicts of interest.
(c) After a municipality has by ordinance approved a redevelopment plan
and designated a redevelopment project area, the plan may be amended and
additional properties may be added to the redevelopment project area only as
herein provided. Amendments which (1) add additional parcels of property to
the proposed redevelopment project area, (2) substantially affect the general
land uses proposed in the redevelopment plan, (3) substantially change the
nature of the redevelopment project, (4) increase the total estimated
redevelopment
project costs set out in the redevelopment plan by more than 5% after
adjustment for inflation from the date the plan was adopted, (5) add
additional redevelopment project costs to the itemized list of redevelopment
project costs set out in the redevelopment plan, or (6) increase the number of
inhabited residential units to be
displaced from the redevelopment
project area, as measured from the time of creation of
the
redevelopment project area, to a total of more than
10, shall be made only after
the
municipality gives notice, convenes a joint review board, and conducts a public
hearing pursuant to the procedures set forth in this Section and in Section
11-74.4-6 of this Act. Changes which do not (1) add additional parcels of
property to the proposed redevelopment project area, (2) substantially affect
the general land uses proposed in the redevelopment plan, (3) substantially
change the nature of the redevelopment project, (4) increase the total
estimated redevelopment project cost set out in the redevelopment plan by more
than 5% after adjustment for inflation from the date the plan was adopted,
(5) add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan, or (6) increase
the number of inhabited residential units to be displaced from the
redevelopment project area, as measured from the time of
creation of
the redevelopment project area, to a total of more than 10, may be made
without further public hearing
and related notices and procedures including the convening of a joint review
board as set forth in Section 11-74.4-6 of this Act, provided that the
municipality shall give notice of
any such changes by mail to each affected taxing district and registrant on the
interested parties registry, provided for under Section 11-74.4-4.2, and by
publication in
a newspaper of general circulation within the affected taxing district. Such
notice by mail and by publication shall each occur not later than 10 days
following the adoption by ordinance of such changes.
(d) After the effective date of this amendatory Act of the 91st General
Assembly, a
municipality shall submit in an electronic format the
following information for each redevelopment project area (i) to the State
Comptroller under Section 8-8-3.5 of the Illinois Municipal Code, subject to any extensions or exemptions provided at the Comptroller's discretion under that Section,
and (ii) to all taxing districts overlapping the
redevelopment project area no later than 180
days after the close of each municipal fiscal year or as soon thereafter as
the audited financial
statements become available and, in any case, shall be submitted before the
annual meeting of the Joint Review Board to each of the taxing districts that
overlap the redevelopment project area:
(1) Any amendments to the redevelopment plan, the | | redevelopment project area, or the State Sales Tax Boundary.
|
|
(1.5) A list of the redevelopment project areas
| | administered by the municipality and, if applicable, the date each redevelopment project area was designated or terminated by the municipality.
|
|
(2) Audited financial statements of the special tax
| | allocation fund once a cumulative total of $100,000 has been deposited in the fund.
|
|
(3) Certification of the Chief Executive Officer of
| | the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.
|
|
(4) An opinion of legal counsel that the municipality
| | is in compliance with this Act.
|
|
(5) An analysis of the special tax allocation fund
| |
(A) the balance in the special tax allocation
| | fund at the beginning of the fiscal year;
|
|
(B) all amounts deposited in the special tax
| | allocation fund by source;
|
|
(C) an itemized list of all expenditures from the
| | special tax allocation fund by category of permissible redevelopment project cost; and
|
|
(D) the balance in the special tax allocation
| | fund at the end of the fiscal year including a breakdown of that balance by source and a breakdown of that balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of or securing of obligations and anticipated redevelopment project costs. Any portion of such ending balance that has not been identified or is not identified as being required, pledged, earmarked, or otherwise designated for payment of or securing of obligations or anticipated redevelopment projects costs shall be designated as surplus as set forth in Section 11-74.4-7 hereof.
|
|
(6) A description of all property purchased by the
| | municipality within the redevelopment project area including:
|
|
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities
| | undertaken in furtherance of the objectives of the redevelopment plan, including:
|
|
(A) Any project implemented in the preceding
| |
(B) A description of the redevelopment activities
| |
(C) A description of any agreements entered into
| | by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary.
|
|
(D) Additional information on the use of all
| | funds received under this Division and steps taken by the municipality to achieve the objectives of the redevelopment plan.
|
|
(E) Information regarding contracts that the
| | municipality's tax increment advisors or consultants have entered into with entities or persons that have received, or are receiving, payments financed by tax increment revenues produced by the same redevelopment project area.
|
|
(F) Any reports submitted to the municipality by
| |
(G) A review of public and, to the extent
| | possible, private investment actually undertaken to date after the effective date of this amendatory Act of the 91st General Assembly and estimated to be undertaken during the following year. This review shall, on a project-by-project basis, set forth the estimated amounts of public and private investment incurred after the effective date of this amendatory Act of the 91st General Assembly and provide the ratio of private investment to public investment to the date of the report and as estimated to the completion of the redevelopment project.
|
|
(8) With regard to any obligations issued by the
| |
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
| | underwriter, chosen by the municipality, setting forth the: (i) nature and term of obligation; (ii) projected debt service including required reserves and debt coverage; and (iii) actual debt service.
|
|
(9) For special tax allocation funds that have
| | experienced cumulative deposits of incremental tax revenues of $100,000 or more, a certified audit report reviewing compliance with this Act performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended, or the standards specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. For redevelopment plans or projects that would result in the displacement of residents from 10 or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the information, including how to obtain the report, required in this subsection shall also be sent by mail to all residents or organizations that operate in the municipality that register with the municipality for that information according to registration procedures adopted under Section 11-74.4-4.2. All municipalities are subject to this provision.
|
|
(10) A list of all intergovernmental agreements in
| | effect during the fiscal year to which the municipality is a party and an accounting of any moneys transferred or received by the municipality during that fiscal year pursuant to those intergovernmental agreements.
|
| In addition to information required to be reported under this Section, for Fiscal Year 2022 and each fiscal year thereafter, reporting municipalities shall also report to the Comptroller annually in a manner and format prescribed by the Comptroller: (1) the number of jobs, if any, projected to be created for each redevelopment project area at the time of approval of the redevelopment agreement; (2) the number of jobs, if any, created as a result of the development to date for that reporting period under the same guidelines and assumptions as was used for the projections used at the time of approval of the redevelopment agreement; (3) the amount of increment projected to be created at the time of approval of the redevelopment agreement for each redevelopment project area; (4) the amount of increment created as a result of the development to date for that reporting period using the same assumptions as was used for the projections used at the time of the approval of the redevelopment agreement; and (5) the stated rate of return identified by the developer to the municipality for each redevelopment project area, if any. Stated rates of return required to be reported in item (5) shall be independently verified by a third party chosen by the municipality. Reporting municipalities shall also report to the Comptroller a copy of the redevelopment plan each time the redevelopment plan is enacted, amended, or extended in a manner and format prescribed by the Comptroller. These requirements shall only apply to redevelopment projects beginning in or after Fiscal Year 2022.
(d-1) Prior to the effective date of this amendatory Act of the 91st
General Assembly, municipalities with populations of over 1,000,000 shall,
after
adoption of a redevelopment plan or project, make available upon request to any
taxing district in which the redevelopment project area is located the
following information:
(1) Any amendments to the redevelopment plan, the
| | redevelopment project area, or the State Sales Tax Boundary; and
|
|
(2) In connection with any redevelopment project area
| | for which the municipality has outstanding obligations issued to provide for redevelopment project costs pursuant to Section 11-74.4-7, audited financial statements of the special tax allocation fund.
|
|
(e) The joint review board shall meet annually 180 days
after the close of the municipal fiscal year or as soon as the redevelopment
project audit for that fiscal year becomes available to review the
effectiveness and status of the redevelopment project area up to that date.
(f) (Blank).
(g) In the event that a municipality has held a public hearing under this
Section prior to March 14, 1994 (the effective date of Public Act 88-537), the
requirements imposed by Public Act 88-537 relating to the method of fixing the
time and place for public hearing, the materials and information required to be
made available for public inspection, and the information required to be sent
after adoption of an ordinance or resolution fixing a time and place for public
hearing shall not be applicable.
(h) On and after the effective date of this amendatory Act of the 96th General Assembly, the State Comptroller must post on the State Comptroller's official website the information submitted by a municipality pursuant to subsection (d) of this Section. The information must be posted no later than 45 days after the State Comptroller receives the information from the municipality. The State Comptroller must also post a list of the municipalities not in compliance with the reporting requirements set forth in subsection (d) of this Section.
(i) No later than 10 years after the corporate authorities of a municipality adopt an ordinance to establish a redevelopment project area, the municipality must compile a status report concerning the redevelopment project area. The status report must detail without limitation the following: (i) the amount of revenue generated within the redevelopment project area, (ii) any expenditures made by the municipality for the redevelopment project area including without limitation expenditures from the special tax allocation fund, (iii) the status of planned activities, goals, and objectives set forth in the redevelopment plan including details on new or planned construction within the redevelopment project area, (iv) the amount of private and public investment within the redevelopment project area, and (v) any other relevant evaluation or performance data. Within 30 days after the municipality compiles the status report, the municipality must hold at least one public hearing concerning the report. The municipality must provide 20 days' public notice of the hearing.
(j) Beginning in fiscal year 2011 and in each fiscal year thereafter, a municipality must detail in its annual budget (i) the revenues generated from redevelopment project areas by source and (ii) the expenditures made by the municipality for redevelopment project areas.
(Source: P.A. 102-127, eff. 7-23-21.)
|
65 ILCS 5/11-74.4-6
(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
Sec. 11-74.4-6. (a) Except as provided herein, notice of the public hearing
shall be given by publication and mailing; provided, however, that no notice by mailing shall be required under this subsection (a) with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3. Notice by publication
shall be given by publication at least twice, the first publication to be
not more than 30 nor less than 10 days prior to the hearing in a newspaper
of general circulation within the taxing districts having property in the
proposed redevelopment project area. Notice by mailing shall be given by
depositing such notice in the United States mails by certified mail
addressed to the person or persons in whose name the general taxes for the
last preceding year were paid on each lot, block, tract, or parcel of land
lying within the project redevelopment area. Said notice shall be mailed
not less than 10 days prior to the date set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall
also be sent to the persons last listed on the tax rolls within the
preceding 3 years as the owners of such property.
For redevelopment project areas with redevelopment plans or proposed
redevelopment plans that would require removal of 10 or more inhabited
residential
units or that contain 75 or more inhabited residential units, the municipality
shall make a good faith effort to notify by mail all
residents of
the redevelopment project area. At a minimum, the municipality shall mail a
notice
to each residential address located within the redevelopment project area. The
municipality shall endeavor to ensure that all such notices are effectively
communicated and shall include (in addition to notice in English) notice in
the predominant language
other than English when appropriate.
(b) The notices issued pursuant to this Section shall include the following:
(1) The time and place of public hearing.
(2) The boundaries of the proposed redevelopment | | project area by legal description and by street location where possible.
|
|
(3) A notification that all interested persons will
| | be given an opportunity to be heard at the public hearing.
|
|
(4) A description of the redevelopment plan or
| | redevelopment project for the proposed redevelopment project area if a plan or project is the subject matter of the hearing.
|
|
(5) Such other matters as the municipality may deem
| |
(c) Not less than 45 days prior to the date set for hearing, the
municipality shall give notice by mail as provided in subsection (a) to all
taxing districts of which taxable property is included in the redevelopment
project area, project or plan and to the Department of Commerce and
Economic Opportunity, and in addition to the other requirements under
subsection (b) the notice shall include an invitation to the Department of
Commerce and Economic Opportunity and each taxing district to submit comments
to the municipality concerning the subject matter of the hearing prior to
the date of hearing.
(d) In the event that any municipality has by ordinance adopted tax
increment financing prior to 1987, and has complied with the notice
requirements of this Section, except that the notice has not included the
requirements of subsection (b), paragraphs (2), (3) and (4), and within 90
days of December 16, 1991 (the effective date of Public Act 87-813), that
municipality passes an ordinance which contains findings that: (1) all taxing
districts prior to the time of the hearing required by Section 11-74.4-5
were furnished with copies of a map incorporated into the redevelopment
plan and project substantially showing the legal boundaries of the
redevelopment project area; (2) the redevelopment plan and project, or a
draft thereof, contained a map substantially showing the legal boundaries
of the redevelopment project area and was available to the public at the
time of the hearing; and (3) since the adoption of any form of tax
increment financing authorized by this Act, and prior to June 1, 1991, no
objection or challenge has been made in writing to the municipality in
respect to the notices required by this Section, then the municipality
shall be deemed to have met the notice requirements of this Act and all
actions of the municipality taken in connection with such notices as were
given are hereby validated and hereby declared to be legally sufficient for
all purposes of this Act.
(e) If a municipality desires to propose a redevelopment
plan
for a redevelopment project area that
would result in the displacement of residents from
10 or more inhabited residential units or for a redevelopment project area that
contains 75 or more inhabited residential units, the
municipality
shall hold a public meeting before the mailing of the notices of public hearing
as
provided in subsection (c) of this Section. However, such a meeting shall be required for any redevelopment plan for a redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 if the applicable project is subject to the process for evaluation of environmental effects under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The meeting shall be for the
purpose of
enabling the municipality to advise the public, taxing districts having real
property in
the redevelopment project area, taxpayers who own property in the proposed
redevelopment project area, and residents in the area as to the
municipality's possible intent to prepare a redevelopment plan and
designate a
redevelopment project area and to receive public comment.
The time and place for the meeting shall be set by the head of the
municipality's
Department of Planning or other department official designated by the mayor or
city
or village manager without the necessity of a resolution or ordinance of the
municipality and may be held by a member of the staff of the Department of
Planning of the municipality or by any other person, body, or commission
designated by the corporate authorities. The meeting shall be held at
least 14 business
days before the mailing of the notice of public hearing provided for in
subsection (c)
of this Section.
Notice of the public meeting shall be given by mail. Notice by mail shall be
not less than 15 days before the date of the meeting and shall be sent by
certified
mail to all taxing districts having real property in the proposed redevelopment
project area and to all entities requesting that information that have
registered with a person and department designated by the municipality in
accordance with registration guidelines established by the
municipality pursuant to Section 11-74.4-4.2. The
municipality shall make a good faith effort to notify all residents and the
last known persons who paid
property taxes on real estate in a redevelopment project area. This
requirement
shall be deemed to be satisfied if the municipality mails, by regular mail, a
notice to
each residential address and the person or persons in whose name property taxes
were paid on real property for the last preceding year located within the
redevelopment project area. Notice shall be in languages other than English
when
appropriate. The notices issued under this subsection shall include the
following:
(1) The time and place of the meeting.
(2) The boundaries of the area to be studied for
| | possible designation as a redevelopment project area by street and location.
|
|
(3) The purpose or purposes of establishing a
| | redevelopment project area.
|
|
(4) A brief description of tax increment financing.
(5) The name, telephone number, and address of the
| | person who can be contacted for additional information about the proposed redevelopment project area and who should receive all comments and suggestions regarding the development of the area to be studied.
|
|
(6) Notification that all interested persons will be
| | given an opportunity to be heard at the public meeting.
|
|
(7) Such other matters as the municipality deems
| |
At the public meeting, any interested person or representative of an affected
taxing district
may be heard orally and may file, with the person conducting the
meeting, statements that pertain to the subject matter of the meeting.
(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17.)
|
65 ILCS 5/11-74.4-7
(65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
Sec. 11-74.4-7. Obligations secured by the special tax allocation fund
set forth in Section 11-74.4-8 for the redevelopment project area may be
issued to provide for redevelopment project costs. Such obligations, when
so issued, shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of taxes
levied as specified in Section 11-74.4-9 against the taxable property
included in the area, by revenues as specified by Section 11-74.4-8a and
other revenue designated by the municipality. A municipality may in the
ordinance pledge all or any part of the funds in and to be deposited in the
special tax allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any pledge of
funds in the special tax allocation fund shall provide for distribution to
the taxing districts and to the Illinois Department of Revenue of moneys
not required, pledged, earmarked, or otherwise designated for payment and
securing of the obligations and anticipated redevelopment project costs and
such excess funds shall be calculated annually and deemed to be "surplus"
funds. In the event a municipality only applies or pledges a portion of the
funds in the special tax allocation fund for the payment or securing of
anticipated redevelopment project costs or of obligations, any such funds
remaining in the special tax allocation fund after complying with the
requirements of the application or pledge, shall also be calculated annually
and deemed "surplus" funds. All surplus funds in the special tax allocation
fund shall be distributed annually within 180 days after the close of the
municipality's fiscal year by being paid by the
municipal treasurer to the County Collector, to the Department of Revenue
and to the municipality in direct proportion to the tax incremental revenue
received as a result of an increase in the equalized assessed value of
property in the redevelopment project area, tax incremental revenue
received from the State and tax incremental revenue received from the
municipality, but not to exceed as to each such source the total
incremental revenue received from that source. The County Collector shall
thereafter make distribution to the respective taxing districts in the same
manner and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property in the redevelopment project area.
Without limiting the foregoing in this Section, the municipality may in
addition to obligations secured by the special tax allocation fund pledge
for a period not greater than the term of the obligations towards payment
of such obligations any part or any combination of the following: (a) net
revenues of all or part of any redevelopment project; (b) taxes levied and
collected on any or all property in the municipality; (c) the full faith
and credit of the municipality; (d) a mortgage on part or all of the
redevelopment project; (d-5) repayment of bonds issued pursuant to subsection (p-130) of Section 19-1 of the School Code; or (e) any other taxes or anticipated receipts that
the municipality may lawfully pledge.
Such obligations may be issued in one or more series bearing interest at
such rate or rates as the corporate authorities of the municipality shall
determine by ordinance. Such obligations shall bear such date or dates,
mature at such time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration privileges, be executed
in such manner, be payable in such medium of payment at such place or places,
contain such covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to this Act
may be sold at public or private sale at such price as shall be determined
by the corporate authorities of the municipalities. No referendum approval
of the electors shall be required as a condition to the issuance of obligations
pursuant to this Division except as provided in this Section.
In the event the municipality authorizes issuance of obligations pursuant
to the authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations which may
be issued under home rule powers provided by Article VII, Section 6 of the
Illinois Constitution, or pledges taxes pursuant to (b) or (c) of the second
paragraph of this section, the ordinance authorizing the issuance of such
obligations or pledging such taxes shall be published within 10 days after
such ordinance has been passed in one or more newspapers, with general
circulation within such municipality. The publication of the ordinance
shall be accompanied by a notice of (1) the specific number of voters
required to sign a petition requesting the question of the issuance of such
obligations or pledging taxes to be submitted to the electors; (2) the time
in which such petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form to any
individual requesting one.
If no petition is filed with the municipal clerk, as hereinafter provided
in this Section, within 30 days after the publication of the ordinance,
the ordinance shall be in effect. But, if within that 30 day period a petition
is filed with the municipal clerk, signed by electors in the
municipality numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing
obligations using full faith and credit of the municipality as security
for the cost of paying for redevelopment project costs, or of pledging taxes
for the payment of such obligations, or both, be submitted to the electors
of the municipality, the corporate authorities of the municipality shall
call a special election in the manner provided by law to vote upon that
question, or, if a general, State or municipal election is to be held within
a period of not less than 30 or more than 90 days from the date such petition
is filed, shall submit the question at the next general, State or municipal
election. If it appears upon the canvass of the election by the corporate
authorities that a majority of electors voting upon the question voted in
favor thereof, the ordinance shall be in effect, but if a majority of the
electors voting upon the question are not in favor thereof, the ordinance
shall not take effect.
The ordinance authorizing the obligations may provide that the obligations
shall contain a recital that they are issued pursuant to this Division,
which recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
In the event the municipality authorizes issuance of obligations pursuant
to this Section secured by the full faith and credit of the municipality,
the ordinance authorizing the obligations may provide for the levy and
collection of a direct annual tax upon all taxable property within the
municipality sufficient to pay the principal thereof and interest thereon
as it matures, which levy may be in addition to and exclusive of the
maximum of all other taxes authorized to be levied by the municipality,
which levy, however, shall be abated to the extent that monies from other
sources are available for payment of the obligations and the municipality
certifies the amount of said monies available to the county clerk.
A certified copy of such ordinance shall be filed with the county clerk
of each county in which any portion of the municipality is situated, and
shall constitute the authority for the extension and collection of the taxes
to be deposited in the special tax allocation fund.
A municipality may also issue its obligations to refund in whole or in
part, obligations theretofore issued by such municipality under the authority
of this Act, whether at or prior to maturity, provided however, that the
last maturity of the refunding obligations may not be later than the dates set forth under Section 11-74.4-3.5.
In the event a municipality issues obligations under home rule powers or
other legislative authority the proceeds of which are pledged to pay
for redevelopment project costs, the municipality may, if it has followed
the procedures in conformance with this division, retire said obligations
from funds in the special tax allocation fund in amounts and in such manner
as if such obligations had been issued pursuant to the provisions of this
division.
All obligations heretofore or hereafter issued pursuant to this Act shall
not be regarded as indebtedness of the municipality issuing such obligations
or any other taxing district for the purpose of any limitation imposed by law.
(Source: P.A. 100-531, eff. 9-22-17.) |
65 ILCS 5/11-74.4-7.1
(65 ILCS 5/11-74.4-7.1)
Sec. 11-74.4-7.1.
After the effective date of this amendatory Act of 1994
and prior to the effective date of this amendatory Act of the 91st General
Assembly,
a municipality with a population of less than 1,000,000, prior to construction
of a new municipal public building that
provides governmental services to be financed with tax increment revenues as
authorized in paragraph (4) of subsection (q) of Section 11-74.4-3, shall agree
with the affected taxing districts to pay them, to the extent tax increment
finance revenues are
available, over the life of the
redevelopment project area, an amount equal to 25% of the cost of the building,
such payments to be paid to the taxing districts in the same proportion as the
most recent distribution by the county collector to the affected taxing
districts of real property taxes from taxable real property in the
redevelopment project area.
This Section does not
apply to a municipality that, before March 14, 1994 (the effective date of
Public Act 88-537), acquired or leased the land (i) upon which a new
municipal public building is to be constructed and (ii) for which an existing
redevelopment plan or a redevelopment agreement includes provisions for the
construction
of a new municipal public
building.
(Source: P.A. 91-478, eff. 11-1-99.)
|
65 ILCS 5/11-74.4-8
(65 ILCS 5/11-74.4-8)
(from Ch. 24, par. 11-74.4-8)
Sec. 11-74.4-8. Tax increment allocation financing. A municipality may
not adopt tax increment financing in a
redevelopment
project area after July 30, 1997 (the effective date of Public Act 90-258) that will
encompass an area that is currently included in an enterprise zone created
under the Illinois Enterprise Zone Act unless that municipality, pursuant to
Section 5.4 of the Illinois Enterprise Zone Act, amends the enterprise zone
designating ordinance to limit the eligibility for tax abatements as provided
in Section 5.4.1 of the Illinois Enterprise Zone Act.
A municipality, at the time a redevelopment project area
is designated, may adopt tax increment allocation financing by passing an
ordinance providing that the ad valorem taxes, if any, arising from the
levies upon taxable real property in such redevelopment project
area by taxing districts and tax rates determined in the manner provided
in paragraph (c) of Section 11-74.4-9 each year after the effective
date of the ordinance until redevelopment project costs and all municipal
obligations financing redevelopment project costs incurred under this Division
have been paid shall be divided as follows, provided, however, that with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 in a municipality with a population of 1,000,000 or more, ad valorem taxes, if any, arising from the levies upon taxable real property in such redevelopment project area shall be allocated as specifically provided in this Section:
(a) That portion of taxes levied upon each taxable | | lot, block, tract, or parcel of real property which is attributable to the lower of the current equalized assessed value or the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property in the redevelopment project area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing.
|
|
(b) Except from a tax levied by a township to retire
| | bonds issued to satisfy court-ordered damages, that portion, if any, of such taxes which is attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the project area shall be allocated to and when collected shall be paid to the municipal treasurer who shall deposit said taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof. In any county with a population of 3,000,000 or more that has adopted a procedure for collecting taxes that provides for one or more of the installments of the taxes to be billed and collected on an estimated basis, the municipal treasurer shall be paid for deposit in the special tax allocation fund of the municipality, from the taxes collected from estimated bills issued for property in the redevelopment project area, the difference between the amount actually collected from each taxable lot, block, tract, or parcel of real property within the redevelopment project area and an amount determined by multiplying the rate at which taxes were last extended against the taxable lot, block, tract, or parcel of real property in the manner provided in subsection (c) of Section 11-74.4-9 by the initial equalized assessed value of the property divided by the number of installments in which real estate taxes are billed and collected within the county; provided that the payments on or before December 31, 1999 to a municipal treasurer shall be made only if each of the following conditions are met:
|
|
(1) The total equalized assessed value of the
| | redevelopment project area as last determined was not less than 175% of the total initial equalized assessed value.
|
|
(2) Not more than 50% of the total equalized
| | assessed value of the redevelopment project area as last determined is attributable to a piece of property assigned a single real estate index number.
|
|
(3) The municipal clerk has certified to the
| | county clerk that the municipality has issued its obligations to which there has been pledged the incremental property taxes of the redevelopment project area or taxes levied and collected on any or all property in the municipality or the full faith and credit of the municipality to pay or secure payment for all or a portion of the redevelopment project costs. The certification shall be filed annually no later than September 1 for the estimated taxes to be distributed in the following year; however, for the year 1992 the certification shall be made at any time on or before March 31, 1992.
|
|
(4) The municipality has not requested that the
| | total initial equalized assessed value of real property be adjusted as provided in subsection (b) of Section 11-74.4-9.
|
|
The conditions of paragraphs (1) through (4) do not
| | apply after December 31, 1999 to payments to a municipal treasurer made by a county with 3,000,000 or more inhabitants that has adopted an estimated billing procedure for collecting taxes. If a county that has adopted the estimated billing procedure makes an erroneous overpayment of tax revenue to the municipal treasurer, then the county may seek a refund of that overpayment. The county shall send the municipal treasurer a notice of liability for the overpayment on or before the mailing date of the next real estate tax bill within the county. The refund shall be limited to the amount of the overpayment.
|
|
It is the intent of this Division that after July 29,
| | 1988 (the effective date of Public Act 85-1142) a municipality's own ad valorem tax arising from levies on taxable real property be included in the determination of incremental revenue in the manner provided in paragraph (c) of Section 11-74.4-9. If the municipality does not extend such a tax, it shall annually deposit in the municipality's Special Tax Increment Fund an amount equal to 10% of the total contributions to the fund from all other taxing districts in that year. The annual 10% deposit required by this paragraph shall be limited to the actual amount of municipally produced incremental tax revenues available to the municipality from taxpayers located in the redevelopment project area in that year if: (a) the plan for the area restricts the use of the property primarily to industrial purposes, (b) the municipality establishing the redevelopment project area is a home rule community with a 1990 population of between 25,000 and 50,000, (c) the municipality is wholly located within a county with a 1990 population of over 750,000 and (d) the redevelopment project area was established by the municipality prior to June 1, 1990. This payment shall be in lieu of a contribution of ad valorem taxes on real property. If no such payment is made, any redevelopment project area of the municipality shall be dissolved.
|
|
If a municipality has adopted tax increment
| | allocation financing by ordinance and the County Clerk thereafter certifies the "total initial equalized assessed value as adjusted" of the taxable real property within such redevelopment project area in the manner provided in paragraph (b) of Section 11-74.4-9, each year after the date of the certification of the total initial equalized assessed value as adjusted until redevelopment project costs and all municipal obligations financing redevelopment project costs have been paid the ad valorem taxes, if any, arising from the levies upon the taxable real property in such redevelopment project area by taxing districts and tax rates determined in the manner provided in paragraph (c) of Section 11-74.4-9 shall be divided as follows, provided, however, that with respect to any redevelopment project area located within a transit facility improvement area established pursuant to Section 11-74.4-3.3 in a municipality with a population of 1,000,000 or more, ad valorem taxes, if any, arising from the levies upon the taxable real property in such redevelopment project area shall be allocated as specifically provided in this Section:
|
|
(1) That portion of the taxes levied upon each
| | taxable lot, block, tract, or parcel of real property which is attributable to the lower of the current equalized assessed value or "current equalized assessed value as adjusted" or the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property existing at the time tax increment financing was adopted, minus the total current homestead exemptions under Article 15 of the Property Tax Code in the redevelopment project area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing.
|
|
(2) That portion, if any, of such taxes which is
| | attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value of each property existing at the time tax increment financing was adopted, minus the total current homestead exemptions pertaining to each piece of property provided by Article 15 of the Property Tax Code in the redevelopment project area, shall be allocated to and when collected shall be paid to the municipal Treasurer, who shall deposit said taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof.
|
|
The municipality may pledge in the ordinance the
| | funds in and to be deposited in the special tax allocation fund for the payment of such costs and obligations. No part of the current equalized assessed valuation of each property in the redevelopment project area attributable to any increase above the total initial equalized assessed value, or the total initial equalized assessed value as adjusted, of such properties shall be used in calculating the general State aid formula, provided for in Section 18-8 of the School Code, or the evidence-based funding formula, provided for in Section 18-8.15 of the School Code, until such time as all redevelopment project costs have been paid as provided for in this Section.
|
|
Whenever a municipality issues bonds for the purpose
| | of financing redevelopment project costs, such municipality may provide by ordinance for the appointment of a trustee, which may be any trust company within the State, and for the establishment of such funds or accounts to be maintained by such trustee as the municipality shall deem necessary to provide for the security and payment of the bonds. If such municipality provides for the appointment of a trustee, such trustee shall be considered the assignee of any payments assigned by the municipality pursuant to such ordinance and this Section. Any amounts paid to such trustee as assignee shall be deposited in the funds or accounts established pursuant to such trust agreement, and shall be held by such trustee in trust for the benefit of the holders of the bonds, and such holders shall have a lien on and a security interest in such funds or accounts so long as the bonds remain outstanding and unpaid. Upon retirement of the bonds, the trustee shall pay over any excess amounts held to the municipality for deposit in the special tax allocation fund.
|
|
When such redevelopment projects costs, including,
| | without limitation, all municipal obligations financing redevelopment project costs incurred under this Division, have been paid, all surplus funds then remaining in the special tax allocation fund shall be distributed by being paid by the municipal treasurer to the Department of Revenue, the municipality and the county collector; first to the Department of Revenue and the municipality in direct proportion to the tax incremental revenue received from the State and the municipality, but not to exceed the total incremental revenue received from the State or the municipality less any annual surplus distribution of incremental revenue previously made; with any remaining funds to be paid to the County Collector who shall immediately thereafter pay said funds to the taxing districts in the redevelopment project area in the same manner and proportion as the most recent distribution by the county collector to the affected districts of real property taxes from real property in the redevelopment project area.
|
|
Upon the payment of all redevelopment project costs,
| | the retirement of obligations, the distribution of any excess monies pursuant to this Section, and final closing of the books and records of the redevelopment project area, the municipality shall adopt an ordinance dissolving the special tax allocation fund for the redevelopment project area and terminating the designation of the redevelopment project area as a redevelopment project area. Title to real or personal property and public improvements acquired by or for the municipality as a result of the redevelopment project and plan shall vest in the municipality when acquired and shall continue to be held by the municipality after the redevelopment project area has been terminated. Municipalities shall notify affected taxing districts prior to November 1 if the redevelopment project area is to be terminated by December 31 of that same year. If a municipality extends estimated dates of completion of a redevelopment project and retirement of obligations to finance a redevelopment project, as allowed by Public Act 87-1272, that extension shall not extend the property tax increment allocation financing authorized by this Section. Thereafter the rates of the taxing districts shall be extended and taxes levied, collected and distributed in the manner applicable in the absence of the adoption of tax increment allocation financing.
|
|
If a municipality with a population of 1,000,000 or
| | more has adopted by ordinance tax increment allocation financing for a redevelopment project area located in a transit facility improvement area established pursuant to Section 11-74.4-3.3, for each year after the effective date of the ordinance until redevelopment project costs and all municipal obligations financing redevelopment project costs have been paid, the ad valorem taxes, if any, arising from the levies upon the taxable real property in that redevelopment project area by taxing districts and tax rates determined in the manner provided in paragraph (c) of Section 11-74.4-9 shall be divided as follows:
|
| (1) That portion of the taxes levied upon each
| | taxable lot, block, tract, or parcel of real property which is attributable to the lower of (i) the current equalized assessed value or "current equalized assessed value as adjusted" or (ii) the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property existing at the time tax increment financing was adopted, minus the total current homestead exemptions under Article 15 of the Property Tax Code in the redevelopment project area shall be allocated to and when collected shall be paid by the county collector to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing.
|
| (2) That portion, if any, of such taxes which is
| | attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the redevelopment project area, over and above the initial equalized assessed value of each property existing at the time tax increment financing was adopted, minus the total current homestead exemptions pertaining to each piece of property provided by Article 15 of the Property Tax Code in the redevelopment project area, shall be allocated to and when collected shall be paid by the county collector as follows:
|
| (A) First, that portion which would be
| | payable to a school district whose boundaries are coterminous with such municipality in the absence of the adoption of tax increment allocation financing, shall be paid to such school district in the manner required by law in the absence of the adoption of tax increment allocation financing; then
|
| (B) 80% of the remaining portion shall be
| | paid to the municipal Treasurer, who shall deposit said taxes into a special fund called the special tax allocation fund of the municipality for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof; and then
|
| (C) 20% of the remaining portion shall be
| | paid to the respective affected taxing districts, other than the school district described in clause (a) above, in the manner required by law in the absence of the adoption of tax increment allocation financing.
|
| Nothing in this Section shall be construed as relieving property in such
redevelopment project areas from being assessed as provided in the Property
Tax Code or as relieving owners of such property from paying a uniform rate of
taxes, as required by Section 4 of Article IX of the Illinois Constitution.
(Source: P.A. 102-558, eff. 8-20-21.)
|
65 ILCS 5/11-74.4-8a
(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality which has
adopted tax increment allocation financing prior to January 1, 1987, may by
ordinance (1) authorize the Department of Revenue, subject to
appropriation, to annually certify and cause to be paid from the Illinois
Tax Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Sales Tax
Increment and (2) authorize the Department of Revenue to annually notify
the municipality of the amount of the Municipal Sales Tax Increment which
shall be deposited by the municipality in the municipality's special tax
allocation fund. Provided that for purposes of this Section no amendments
adding additional area to the redevelopment project area which has been
certified as the State Sales Tax Boundary shall be taken into account if
such amendments are adopted by the municipality after January 1, 1987. If
an amendment is adopted which decreases the area of a State Sales Tax
Boundary, the municipality shall update the list required by subsection
(3)(a) of this Section. The Retailers' Occupation Tax liability, Use Tax
liability, Service Occupation Tax liability and Service Use Tax liability
for retailers and servicemen located within the disconnected area shall be
excluded from the base from which tax increments are calculated and the
revenue from any such retailer or serviceman shall not be included in
calculating incremental revenue payable to the municipality. A municipality
adopting an ordinance under this subsection (1) of this Section for a
redevelopment project area which is certified as a State Sales Tax Boundary
shall not be entitled to payments of State taxes authorized under
subsection (2) of this Section for the same redevelopment project area.
Nothing herein shall be construed to prevent a municipality from receiving
payment of State taxes authorized under subsection (2) of this Section for
a separate redevelopment project area that does not overlap in any way with
the State Sales Tax Boundary receiving payments of State taxes pursuant to
subsection (1) of this Section.
A certified copy of such ordinance shall be submitted by the municipality
to the Department of Commerce and Economic Opportunity and the Department of
Revenue not later than 30 days after the effective date of the ordinance.
Upon submission of the ordinances, and the information required pursuant to
subsection 3 of this Section, the Department of Revenue shall promptly
determine the amount of such taxes paid under the Retailers' Occupation Tax
Act, Use Tax Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act and the Municipal Service
Occupation Tax Act by retailers and servicemen on transactions at places
located in the redevelopment project area during the base year, and shall
certify all the foregoing "initial sales tax amounts" to the municipality
within 60 days of submission of the list required of subsection (3)(a) of
this Section.
If a retailer or serviceman with a place of business located within a
redevelopment project area also has one or more other places of business
within the municipality but outside the redevelopment project area, the
retailer or serviceman shall, upon request of the Department of Revenue,
certify to the Department of Revenue the amount of taxes paid pursuant to
the Retailers' Occupation Tax Act, the Municipal Retailers' Occupation Tax
Act, the Service Occupation Tax Act and the Municipal Service Occupation
Tax Act at each place of business which is located within the redevelopment
project area in the manner and for the periods of time requested by the
Department of Revenue.
When the municipality determines that a portion of an increase in
the aggregate amount of taxes paid by retailers and servicemen under the
Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax Act, or the
Service Occupation Tax Act is the result of a retailer or serviceman
initiating retail or service operations in the redevelopment project area
by such retailer or serviceman with a resulting termination of retail or
service operations by such retailer or serviceman at another
location in Illinois in the standard metropolitan statistical area of such
municipality, the Department of Revenue shall be notified that the
retailers occupation tax liability, use tax liability, service occupation tax
liability, or service use tax liability from such retailer's or serviceman's
terminated operation shall be included in the base Initial Sales Tax
Amounts from which the State Sales Tax Increment is calculated for purposes
of State payments to the affected municipality; provided, however, for
purposes of this paragraph "termination" shall mean a closing of a retail
or service operation which is directly related to the opening of the same
retail or service operation in a redevelopment project area which is
included within a State Sales Tax Boundary, but it shall not include retail
or service operations closed for reasons beyond the control of the retailer
or serviceman, as determined by the Department.
If the municipality makes the determination referred to in the prior
paragraph and notifies the Department and if the relocation is from a
location within the municipality, the Department, at the request of the
municipality, shall adjust the certified aggregate amount of taxes that
constitute the Municipal Sales Tax Increment paid by retailers and servicemen
on transactions at places of business located within the State Sales Tax
Boundary during the base year using the same procedures as are employed to
make the adjustment referred to in the prior paragraph. The adjusted
Municipal Sales Tax Increment calculated by the Department shall be
sufficient to satisfy the requirements of subsection (1) of this Section.
When a municipality which has adopted tax increment allocation financing
in 1986 determines that a portion of the aggregate amount of taxes paid by
retailers and servicemen under the Retailers Occupation Tax Act, Use Tax
Act, Service Use Tax Act, or Service Occupation Tax Act, the Municipal
Retailers' Occupation Tax Act and the Municipal Service Occupation Tax Act,
includes revenue of a retailer or serviceman which terminated retailer or
service operations in 1986, prior to the adoption of tax increment
allocation financing, the Department of Revenue shall be notified by such
municipality that the retailers' occupation tax liability, use tax
liability, service occupation tax liability or service use tax liability,
from such retailer's or serviceman's terminated operations shall be
excluded from the Initial Sales Tax Amounts for such taxes. The revenue
from any such retailer or serviceman which is excluded from the base year
under this paragraph, shall not be included in calculating incremental
revenues if such retailer or serviceman reestablishes such business in the
redevelopment project area.
For State fiscal year 1992, the Department of Revenue shall
budget, and the Illinois General Assembly shall appropriate
from the Illinois Tax Increment Fund in the State treasury, an amount not
to exceed $18,000,000 to pay to each eligible municipality the Net
State Sales Tax Increment to which such municipality is entitled.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Sales Tax Increment and the annual Net Utility Tax Increment to determine
the Annual Total Increment. The ratio of the Annual Total Increment of each
municipality to the Annual Total Increment for all municipalities, as most
recently calculated by the Department, shall determine the proportional shares
of the Illinois Tax Increment Fund to be distributed to each municipality.
Beginning in October, 1993, and each January, April, July and October
thereafter, the Department of Revenue shall certify to the Treasurer and
the Comptroller the amounts payable quarter annually during the fiscal year
to each municipality under this Section. The Comptroller shall promptly
then draw warrants, ordering the State Treasurer to pay such amounts from
the Illinois Tax Increment Fund in the State treasury.
The Department of Revenue shall utilize the same periods established
for determining State Sales Tax Increment to determine the Municipal
Sales Tax Increment for the area within a State Sales Tax
Boundary and certify such amounts to such municipal treasurer who shall
transfer such amounts to the special tax allocation fund.
The provisions of this subsection (1) do not apply to additional
municipal retailers' occupation or service occupation taxes imposed by
municipalities using their home rule powers or imposed pursuant to
Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. A municipality shall not
receive from the State any share of the Illinois Tax Increment Fund unless such
municipality deposits all its Municipal Sales Tax Increment and
the local incremental real property tax revenues, as provided herein, into
the appropriate special tax allocation fund.
If, however, a municipality has extended the estimated dates of completion of
the redevelopment project and retirement of obligations to finance
redevelopment project costs by municipal ordinance to December 31, 2013 under
subsection (n) of Section 11-74.4-3, then that municipality shall continue to
receive from the State a share of the Illinois Tax Increment Fund
so long as the municipality deposits, from any funds available, excluding funds
in the special tax allocation fund, an amount equal
to the municipal share of the real property tax increment revenues
into the special tax allocation fund during the extension period.
The amount to be deposited by the municipality in each of the tax years
affected by the extension to December 31, 2013 shall be equal to the municipal
share of the property tax increment deposited into the special tax allocation
fund by the municipality for the most recent year that the property tax
increment was distributed.
A municipality located within
an economic development project area created under the County Economic
Development Project Area Property Tax Allocation Act which has abated any
portion of its property taxes which otherwise would have been deposited in
its special tax allocation fund shall not receive from the State the Net
Sales Tax Increment.
(2) A municipality which has adopted tax increment allocation
financing with regard to an industrial park or industrial park
conservation area, prior to January 1, 1988, may by ordinance authorize the
Department of Revenue to annually certify and pay from the Illinois Tax
Increment Fund to such municipality for deposit in the municipality's
special tax allocation fund an amount equal to the Net State Utility Tax
Increment. Provided that for purposes of this Section no amendments adding
additional area to the redevelopment project area shall be taken into
account if such amendments are adopted by the municipality after January 1,
1988. Municipalities adopting an ordinance under this subsection (2) of
this Section for a redevelopment project area shall not be entitled to
payment of State taxes authorized under subsection (1) of this Section for
the same redevelopment project area which is within a State Sales Tax
Boundary. Nothing herein shall be construed to prevent a municipality from
receiving payment of State taxes authorized under subsection (1) of this
Section for a separate redevelopment project area within a State Sales Tax
Boundary that does not overlap in any way with the redevelopment project
area receiving payments of State taxes pursuant to subsection (2) of this
Section.
A certified copy of such ordinance shall be submitted to the Department
of Commerce and Economic Opportunity and the Department of Revenue not later
than 30 days after the effective date of the ordinance.
When a municipality determines that a portion of an increase in the
aggregate amount of taxes paid by industrial or commercial facilities under
the Public Utilities Act, is the result of an industrial or commercial
facility initiating operations in the redevelopment project area with a
resulting termination of such operations by such industrial or commercial
facility at another location in Illinois, the Department of Revenue shall be
notified by such municipality that such industrial or commercial facility's
liability under the Public Utility Tax Act shall be included in the base
from which tax increments are calculated for purposes of State payments to
the affected municipality.
After receipt of the calculations by the public utility as required by
subsection (4) of this Section, the Department of Revenue shall annually
budget and the Illinois General Assembly shall annually appropriate from
the General Revenue Fund through State Fiscal Year 1989, and thereafter from
the Illinois Tax Increment Fund, an amount sufficient to pay to each eligible
municipality the amount of incremental revenue attributable to State
electric and gas taxes as reflected by the charges imposed on persons in
the project area to which such municipality is entitled by comparing the
preceding calendar year with the base year as determined by this Section.
Beginning on January 1, 1993, each municipality's proportional share of
the Illinois Tax Increment Fund shall be determined by adding the annual Net
State Utility Tax Increment and the annual Net Utility Tax Increment to
determine the Annual Total Increment. The ratio of the Annual Total Increment
of each municipality to the Annual Total Increment for all municipalities, as
most recently calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to each
municipality.
A municipality shall not receive any share of the Illinois Tax
Increment Fund from the State unless such municipality imposes the maximum
municipal charges authorized pursuant to Section 9-221 of the
Public Utilities Act and deposits all municipal utility tax incremental
revenues as certified by the public utilities, and all local real estate
tax increments into such municipality's special tax allocation fund.
(3) Within 30 days after the adoption of the ordinance required by either
subsection (1) or subsection (2) of this Section, the municipality shall
transmit to the Department of Commerce and Economic Opportunity and the
Department of Revenue the following:
(a) if applicable, a certified copy of the ordinance | | required by subsection (1) accompanied by a complete list of street names and the range of street numbers of each street located within the redevelopment project area for which payments are to be made under this Section in both the base year and in the year preceding the payment year; and the addresses of persons registered with the Department of Revenue; and, the name under which each such retailer or serviceman conducts business at that address, if different from the corporate name; and the Illinois Business Tax Number of each such person (The municipality shall update this list in the event of a revision of the redevelopment project area, or the opening or closing or name change of any street or part thereof in the redevelopment project area, or if the Department of Revenue informs the municipality of an addition or deletion pursuant to the monthly updates given by the Department.);
|
|
(b) if applicable, a certified copy of the ordinance
| | required by subsection (2) accompanied by a complete list of street names and range of street numbers of each street located within the redevelopment project area, the utility customers in the project area, and the utilities serving the redevelopment project areas;
|
|
(c) certified copies of the ordinances approving the
| | redevelopment plan and designating the redevelopment project area;
|
|
(d) a copy of the redevelopment plan as approved by
| |
(e) an opinion of legal counsel that the municipality
| | had complied with the requirements of this Act; and
|
|
(f) a certification by the chief executive officer of
| | the municipality that with regard to a redevelopment project area: (1) the municipality has committed all of the municipal tax increment created pursuant to this Act for deposit in the special tax allocation fund, (2) the redevelopment projects described in the redevelopment plan would not be completed without the use of State incremental revenues pursuant to this Act, (3) the municipality will pursue the implementation of the redevelopment plan in an expeditious manner, (4) the incremental revenues created pursuant to this Section will be exclusively utilized for the development of the redevelopment project area, and (5) the increased revenue created pursuant to this Section shall be used exclusively to pay redevelopment project costs as defined in this Act.
|
|
(4) The Department of Revenue upon receipt of the information set forth
in paragraph (b) of subsection (3) shall immediately forward such
information to each public utility furnishing natural gas or electricity to
buildings within the redevelopment project area. Upon receipt of such
information, each public utility shall promptly:
(a) provide to the Department of Revenue and the
| | municipality separate lists of the names and addresses of persons within the redevelopment project area receiving natural gas or electricity from such public utility. Such list shall be updated as necessary by the public utility. Each month thereafter the public utility shall furnish the Department of Revenue and the municipality with an itemized listing of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons within the redevelopment project area.
|
|
(b) determine the amount of charges imposed pursuant
| | to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area during the base year, both as a result of municipal taxes on electricity and gas and as a result of State taxes on electricity and gas and certify such amounts both to the municipality and the Department of Revenue; and
|
|
(c) determine the amount of charges imposed pursuant
| | to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area on a monthly basis during the base year, both as a result of State and municipal taxes on electricity and gas and certify such separate amounts both to the municipality and the Department of Revenue.
|
|
After the determinations are made in paragraphs (b) and (c), the public
utility shall monthly during the existence of the redevelopment project
area notify the Department of Revenue and the municipality of any increase
in charges over the base year determinations made pursuant to paragraphs
(b) and (c).
(5) The payments authorized under this Section shall be deposited by the
municipal treasurer in the special tax allocation fund of the municipality,
which for accounting purposes shall identify the sources of each payment
as: municipal receipts from the State retailers occupation, service
occupation, use and service use taxes; and municipal public utility taxes
charged to customers under the Public Utilities Act and State public
utility taxes charged to customers under the Public Utilities Act.
(6) Before the effective date of this amendatory Act of the 91st General
Assembly, any
municipality receiving payments authorized under this Section
for any redevelopment project area or area within a State Sales Tax
Boundary within the municipality shall submit to the Department of Revenue
and to the taxing districts which are sent the notice required by Section
6 of this Act annually within 180 days after the close of each municipal
fiscal year the following information for the immediately preceding fiscal
year:
(a) Any amendments to the redevelopment plan, the
| | redevelopment project area, or the State Sales Tax Boundary.
|
|
(b) Audited financial statements of the special tax
| |
(c) Certification of the Chief Executive Officer of
| | the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year.
|
|
(d) An opinion of legal counsel that the municipality
| | is in compliance with this Act.
|
|
(e) An analysis of the special tax allocation fund
| |
(1) the balance in the special tax allocation
| | fund at the beginning of the fiscal year;
|
|
(2) all amounts deposited in the special tax
| | allocation fund by source;
|
|
(3) all expenditures from the special tax
| | allocation fund by category of permissible redevelopment project cost; and
|
|
(4) the balance in the special tax allocation
| | fund at the end of the fiscal year including a breakdown of that balance by source. Such ending balance shall be designated as surplus if it is not required for anticipated redevelopment project costs or to pay debt service on bonds issued to finance redevelopment project costs, as set forth in Section 11-74.4-7 hereof.
|
|
(f) A description of all property purchased by the
| | municipality within the redevelopment project area including:
|
|
1. Street address
2. Approximate size or description of property
3. Purchase price
4. Seller of property.
(g) A statement setting forth all activities
| | undertaken in furtherance of the objectives of the redevelopment plan, including:
|
|
1. Any project implemented in the preceding
| |
2. A description of the redevelopment activities
| |
3. A description of any agreements entered into
| | by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary.
|
|
(h) With regard to any obligations issued by the
| |
1. copies of bond ordinances or resolutions
2. copies of any official statements
3. an analysis prepared by financial advisor or
| | underwriter setting forth: (a) nature and term of obligation; and (b) projected debt service including required reserves and debt coverage.
|
|
(i) A certified audit report reviewing compliance
| | with this statute performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. If the audit indicates that expenditures are not in compliance with the law, the Department of Revenue shall withhold State sales and utility tax increment payments to the municipality until compliance has been reached, and an amount equal to the ineligible expenditures has been returned to the Special Tax Allocation Fund.
|
|
(6.1) After July 29, 1988 and before the effective date of this amendatory
Act of the 91st General Assembly,
any funds which have not been designated for
use in a specific development project in the annual report shall be
designated as surplus.
No funds may be held in the Special Tax Allocation Fund for more than 36 months
from the date of receipt unless the money is required for payment of
contractual obligations for specific development project costs. If held for
more than 36 months in violation of the preceding sentence, such funds shall be
designated as surplus. Any funds
designated as surplus must first be used for early redemption of any bond
obligations. Any funds designated as surplus which are not disposed of as
otherwise provided in this paragraph, shall be distributed as
surplus as
provided in Section 11-74.4-7.
(7) Any appropriation made pursuant to this Section for the 1987 State
fiscal year shall not exceed the amount of $7 million and for the 1988
State fiscal year the amount of $10 million. The amount which shall be
distributed to each municipality shall be the incremental revenue to which
each municipality is entitled as calculated by the Department of Revenue,
unless the requests of the municipality exceed the appropriation,
then the amount to which each municipality shall be entitled shall be
prorated among the municipalities in the same proportion as the increment to
which the municipality would be entitled bears to the total increment which all
municipalities would receive in the absence of this limitation, provided that
no municipality may receive an amount in excess of 15% of the appropriation.
For the 1987 Net State Sales Tax Increment payable in Fiscal Year 1989, no
municipality shall receive more than 7.5% of the total appropriation; provided,
however, that any of the appropriation remaining after such distribution shall
be prorated among municipalities on the basis of their pro rata share of the
total increment. Beginning on January 1, 1993, each municipality's proportional
share of the Illinois Tax Increment Fund shall be determined by adding the
annual Net State Sales Tax Increment and the annual Net Utility Tax Increment
to determine the Annual Total Increment. The ratio of the Annual Total
Increment of each municipality to the Annual Total Increment for all
municipalities, as most recently calculated by the Department, shall determine
the proportional shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(7.1) No distribution of Net State Sales Tax Increment
to a municipality for an area within a State Sales Tax Boundary shall
exceed in any State Fiscal Year an amount equal
to 3 times the sum of the Municipal Sales Tax Increment, the real
property tax increment and deposits of funds from other sources, excluding
state and federal funds, as certified by the city treasurer to the
Department of Revenue for an area within a State Sales Tax Boundary. After
July 29, 1988, for those municipalities which issue bonds between June 1,
1988 and 3 years from July 29, 1988 to finance redevelopment projects
within the area in a State Sales Tax Boundary, the distribution of Net
State Sales Tax Increment during the 16th through 20th years from the date
of issuance of the bonds shall not exceed in any State Fiscal Year an
amount equal to 2 times the sum of the Municipal Sales Tax Increment, the
real property tax increment and deposits of funds from other sources,
excluding State and federal funds.
(8) Any person who knowingly files or causes to be filed false
information for the purpose of increasing the amount of any State tax
incremental revenue commits a Class A misdemeanor.
(9) The following procedures shall be followed to determine whether
municipalities have complied with the Act for the purpose of receiving
distributions after July 1, 1989 pursuant to subsection (1) of this
Section 11-74.4-8a.
(a) The Department of Revenue shall conduct a
| | preliminary review of the redevelopment project areas and redevelopment plans pertaining to those municipalities receiving payments from the State pursuant to subsection (1) of Section 8a of this Act for the purpose of determining compliance with the following standards:
|
|
(1) For any municipality with a population of
| | more than 12,000 as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 25% of the area within the municipal boundaries nor more than 20% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall be not more than 25% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.
|
|
(2) For any municipality with a population of
| | 12,000 or less as determined by the 1980 U.S. Census: (a) the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, each such area, must be contiguous and the total of all such areas shall not comprise more than 35% of the area within the municipal boundaries nor more than 30% of the equalized assessed value of the municipality; (b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall not be more than 35% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers' Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax Act. Redevelopment project areas created prior to 1986 are not subject to the above standards if their boundaries were not amended in 1986.
|
|
(3) Such preliminary review of the redevelopment
| | project areas applying the above standards shall be completed by November 1, 1988, and on or before November 1, 1988, the Department shall notify each municipality by certified mail, return receipt requested that either (1) the Department requires additional time in which to complete its preliminary review; or (2) the Department is issuing either (a) a Certificate of Eligibility or (b) a Notice of Review. If the Department notifies a municipality that it requires additional time to complete its preliminary investigation, it shall complete its preliminary investigation no later than February 1, 1989, and by February 1, 1989 shall issue to each municipality either (a) a Certificate of Eligibility or (b) a Notice of Review. A redevelopment project area for which a Certificate of Eligibility has been issued shall be deemed a "State Sales Tax Boundary."
|
|
(4) The Department of Revenue shall also issue a
| | Notice of Review if the Department has received a request by November 1, 1988 to conduct such a review from taxpayers in the municipality, local taxing districts located in the municipality or the State of Illinois, or if the redevelopment project area has more than 5 retailers and has had growth in State sales tax revenue of more than 15% from calendar year 1985 to 1986.
|
|
(b) For those municipalities receiving a Notice of
| | Review, the Department will conduct a secondary review consisting of: (i) application of the above standards contained in subsection (9)(a)(1)(a) and (b) or (9)(a)(2)(a) and (b), and (ii) the definitions of blighted and conservation area provided for in Section 11-74.4-3. Such secondary review shall be completed by July 1, 1989.
|
|
Upon completion of the secondary review, the
| | Department will issue (a) a Certificate of Eligibility or (b) a Preliminary Notice of Deficiency. Any municipality receiving a Preliminary Notice of Deficiency may amend its redevelopment project area to meet the standards and definitions set forth in this paragraph (b). This amended redevelopment project area shall become the "State Sales Tax Boundary" for purposes of determining the State Sales Tax Increment.
|
|
(c) If the municipality advises the Department of its
| | intent to comply with the requirements of paragraph (b) of this subsection outlined in the Preliminary Notice of Deficiency, within 120 days of receiving such notice from the Department, the municipality shall submit documentation to the Department of the actions it has taken to cure any deficiencies. Thereafter, within 30 days of the receipt of the documentation, the Department shall either issue a Certificate of Eligibility or a Final Notice of Deficiency. If the municipality fails to advise the Department of its intent to comply or fails to submit adequate documentation of such cure of deficiencies the Department shall issue a Final Notice of Deficiency that provides that the municipality is ineligible for payment of the Net State Sales Tax Increment.
|
|
(d) If the Department issues a final determination of
| | ineligibility, the municipality shall have 30 days from the receipt of determination to protest and request a hearing. Such hearing shall be conducted in accordance with Sections 10-25, 10-35, 10-40, and 10-50 of the Illinois Administrative Procedure Act. The decision following the hearing shall be subject to review under the Administrative Review Law.
|
|
(e) Any Certificate of Eligibility issued pursuant to
| | this subsection 9 shall be binding only on the State for the purposes of establishing municipal eligibility to receive revenue pursuant to subsection (1) of this Section 11-74.4-8a.
|
|
(f) It is the intent of this subsection that the
| | periods of time to cure deficiencies shall be in addition to all other periods of time permitted by this Section, regardless of the date by which plans were originally required to be adopted. To cure said deficiencies, however, the municipality shall be required to follow the procedures and requirements pertaining to amendments, as provided in Sections 11-74.4-5 and 11-74.4-6 of this Act.
|
|
(10) If a municipality adopts a State Sales Tax Boundary in accordance
with the provisions of subsection (9) of this Section, such boundaries
shall subsequently be utilized to determine Revised Initial Sales Tax
Amounts and the Net State Sales Tax Increment; provided, however, that such
revised State Sales Tax Boundary shall not have any effect upon the boundary of
the redevelopment project area established for the purposes of determining the
ad valorem taxes on real property pursuant to Sections 11-74.4-7 and 11-74.4-8
of this Act nor upon the municipality's authority to implement
the redevelopment plan for that redevelopment project area. For any
redevelopment project area with a smaller State Sales Tax Boundary within
its area, the municipality may annually elect to deposit the Municipal
Sales Tax Increment for the redevelopment project area in the special tax
allocation fund and shall certify the amount to the Department prior to
receipt of the Net State Sales Tax Increment. Any municipality required by
subsection (9) to establish a State Sales Tax Boundary for one or more of
its redevelopment project areas shall submit all necessary information
required by the Department concerning such boundary and the retailers
therein, by October 1, 1989, after complying with the procedures for
amendment set forth in Sections 11-74.4-5 and 11-74.4-6 of this Act. Net
State Sales Tax Increment produced within the State Sales Tax Boundary
shall be spent only within that area. However expenditures of all municipal
property tax increment and municipal sales tax increment in a redevelopment
project area are not required to be spent within the smaller State Sales
Tax Boundary within such redevelopment project area.
(11) The Department of Revenue shall have the authority to issue rules
and regulations for purposes of this Section.
(12) If, under Section 5.4.1 of the Illinois Enterprise Zone Act, a
municipality determines that property that lies within a State Sales Tax
Boundary has an improvement, rehabilitation, or renovation that is entitled to
a property tax abatement, then that property along with any improvements,
rehabilitation, or renovations shall be immediately removed from any State
Sales Tax Boundary. The municipality that made the determination shall notify
the Department of Revenue within 30 days after the determination. Once a
property is removed from the State Sales Tax Boundary because of the existence
of a property tax abatement resulting from an enterprise
zone, then that property shall not be permitted to
be amended into a State Sales Tax Boundary.
(Source: P.A. 100-201, eff. 8-18-17.)
|
65 ILCS 5/11-74.4-8b
(65 ILCS 5/11-74.4-8b)
Sec. 11-74.4-8b.
Cancellation and repayment of tax and other benefits.
Any tax abatement or benefit granted by a taxing district under an agreement
entered into under this
Act to a private individual or entity for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility shall be
cancelled if the individual or entity relocated its entire facility in
violation of the agreement, and the amount of the abatements or tax benefits
granted before the cancellation shall be repaid to the taxing district within
30 days, as provided in Section 18-183 of the Property Tax Code.
In addition, any private individual or entity that receives other benefits under this Act for the purpose of originating, locating,
maintaining, rehabilitating, or expanding a business facility and that abandons or relocates its facility in violation of the agreement shall pay to the municipality an amount equal to the value of the benefit prorated based on (i) the time from the date of the agreement to the date of abandonment or relocation; compared to (ii) the time from the date of the agreement to the date upon which the redevelopment plan must be completed, determined at the time of the agreement. (Source: P.A. 96-324, eff. 1-1-10.)
|
65 ILCS 5/11-74.4-8c
(65 ILCS 5/11-74.4-8c)
Sec. 11-74.4-8c.
Enterprise zone abatements.
If a redevelopment project
area is or has been established under Section 11-74.4-4 on or before the
effective
date
of this amendatory Act of 1997 and the redevelopment project area contains
property that is located within an enterprise zone established under the
Illinois
Enterprise Zone Act, then the property that is located in both the
redevelopment
project area and the enterprise zone shall not be eligible for the abatement of
taxes under Section 18-170 of the Property Tax Code if the requirements of
Section 5.4.1 of the Illinois Enterprise Zone Act are satisfied.
If an abatement is limited under Section 5.4.1 of the Illinois Enterprise
Zone Act, a municipality
shall notify the county clerk and the board of review or board of appeals of
the change in writing not later than July 1 of the assessment year to be first
affected by the change.
(Source: P.A. 90-258, eff. 7-30-97.)
|
65 ILCS 5/11-74.4-8d (65 ILCS 5/11-74.4-8d)
Sec. 11-74.4-8d. Website postings; municipalities of 1,000,000 or more. (a) In any municipality with a population of 1,000,000 or more, the following shall be posted on a website maintained by the municipality: (1) Any ordinance designating a redevelopment project | | area or approving a redevelopment plan, redevelopment project, or redevelopment agreement pursuant to this Division 74.4, including all attachments, and any amendments thereto.
|
| (2) Written staff reports presented to a board
| | created in subsection (k) of Section 11-74.4-4.
|
| (3) The information required to be submitted pursuant
| | to subsection (d) of Section 11-74.4-5 and any other overviews prepared by the municipality relating to redevelopment or financing pursuant to this Division 74.4.
|
| (4) Any certificates of completion issued by the
| | municipality or annual employment certifications received by the municipality pursuant to a redevelopment agreement.
|
| (b) Except as provided in subsection (c), all ordinances described in paragraph (1) of subsection (a) of this Section shall be made available on the website within 7 business days after the ordinance is passed and published by the municipality. Except as provided in subsection (c), all documents described in paragraphs (2), (3), and (4) of subsection (a) of this Section shall be made available on the website within 14 business days after the document has been completed in final form.
(c) The requirements of this Section apply with respect to any redevelopment project area designated or amended on or after July 30, 2004. The ordinances and documents that passed or were completed prior to the effective date of this amendatory Act of the 96th General Assembly shall be made available on the website no later than 30 days after that effective date.
(Source: P.A. 96-773, eff. 8-28-09.)
|
|
|
|