|
Public Act 095-0683 |
HB1519 Enrolled |
LRB095 09817 BDD 30028 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Municipal Code is amended by |
changing Sections 11-74.4-3 and 11-74.4-7 as follows:
|
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
|
Sec. 11-74.4-3. Definitions. The following terms, wherever |
used or
referred to in this Division 74.4 shall have the |
following respective meanings,
unless in any case a different |
meaning clearly appears from the context.
|
(a) For any redevelopment project area that has been |
designated pursuant
to this
Section by an ordinance adopted |
prior to November 1, 1999 (the effective
date of Public Act
|
91-478), "blighted area" shall have the meaning set
forth in |
this Section
prior to that date.
|
On and after November 1, 1999,
"blighted area" means any |
improved or vacant area within the boundaries
of a |
redevelopment project area located within the territorial |
limits of
the municipality where:
|
(1) If improved, industrial, commercial, and |
residential buildings or
improvements are detrimental to |
the public safety, health, or welfare
because of a |
combination of 5 or more of the following factors, each of |
|
which
is (i) present, with that presence documented, to a |
meaningful extent so
that a municipality may reasonably |
find that the factor is clearly
present within the intent |
of the Act and (ii) reasonably distributed throughout
the |
improved part of the redevelopment project area:
|
(A) Dilapidation. An advanced state of disrepair |
or neglect of
necessary
repairs to the primary |
structural components of buildings or improvements in
|
such a combination that a documented building |
condition analysis determines
that major repair is |
required or the defects are so serious and so extensive
|
that the buildings must be removed.
|
(B) Obsolescence. The condition or process of |
falling into disuse.
Structures have become ill-suited |
for the original use.
|
(C) Deterioration. With respect to buildings, |
defects
including, but not limited to, major defects in
|
the secondary building components such as doors, |
windows, porches, gutters and
downspouts, and fascia. |
With respect to surface improvements, that the
|
condition of roadways, alleys, curbs, gutters, |
sidewalks, off-street parking,
and surface storage |
areas evidence deterioration, including, but not |
limited
to, surface cracking, crumbling, potholes, |
depressions, loose paving material,
and weeds |
protruding through paved surfaces.
|
|
(D) Presence of structures below minimum code |
standards. All structures
that do not meet the |
standards of zoning, subdivision, building, fire, and
|
other governmental codes applicable to property, but |
not including housing and
property maintenance codes.
|
(E) Illegal use of individual structures. The use |
of structures in
violation of applicable federal, |
State, or local laws, exclusive of those
applicable to |
the presence of structures below minimum code |
standards.
|
(F) Excessive vacancies. The presence of
buildings |
that are unoccupied or under-utilized and that |
represent an adverse
influence on the area because of |
the frequency, extent, or duration of the
vacancies.
|
(G) Lack of ventilation, light, or sanitary |
facilities. The absence of
adequate ventilation for |
light or air circulation in spaces or rooms without
|
windows, or that require the removal of dust, odor, |
gas, smoke, or other
noxious airborne materials. |
Inadequate natural light and ventilation means
the |
absence of skylights or windows for interior spaces or |
rooms and improper
window sizes and amounts by room |
area to window area ratios. Inadequate
sanitary |
facilities refers to the absence or inadequacy of |
garbage storage and
enclosure,
bathroom facilities, |
hot water and kitchens, and structural inadequacies
|
|
preventing ingress and egress to and from all rooms and |
units within a
building.
|
(H) Inadequate utilities. Underground and overhead |
utilities
such as storm sewers and storm drainage, |
sanitary sewers, water lines, and
gas, telephone, and
|
electrical services that are shown to be inadequate. |
Inadequate utilities are
those that are: (i) of |
insufficient capacity to serve the uses in the
|
redevelopment project area, (ii) deteriorated,
|
antiquated, obsolete, or in disrepair, or (iii) |
lacking within the
redevelopment project area.
|
(I) Excessive land coverage and overcrowding of |
structures and community
facilities. The |
over-intensive use of property and the crowding of |
buildings
and accessory facilities onto a site. |
Examples of problem conditions
warranting the |
designation of an area as one exhibiting excessive land |
coverage
are: (i) the presence of buildings either |
improperly situated on parcels or
located
on parcels of |
inadequate size and shape in relation to present-day |
standards of
development for health and safety and (ii) |
the presence of multiple buildings
on a
single parcel. |
For there to be a finding of excessive land coverage,
|
these parcels must exhibit one or more of the following |
conditions:
insufficient provision for
light and air |
within or around buildings, increased threat of spread |
|
of fire
due to the close proximity of buildings, lack |
of adequate or proper access to a
public right-of-way, |
lack of reasonably required off-street parking, or
|
inadequate provision for loading and service.
|
(J) Deleterious land use or layout. The existence |
of incompatible
land-use
relationships, buildings |
occupied by inappropriate mixed-uses, or uses
|
considered to be noxious, offensive, or unsuitable for |
the
surrounding area.
|
(K) Environmental clean-up. The proposed |
redevelopment project area
has incurred Illinois |
Environmental Protection Agency or United States
|
Environmental Protection Agency remediation costs for, |
or a study conducted by
an independent consultant |
recognized as having expertise in environmental
|
remediation has determined a need for, the
clean-up of |
hazardous
waste, hazardous substances, or underground |
storage tanks required by State or
federal law, |
provided that the remediation costs constitute a |
material
impediment to the development or |
redevelopment of the redevelopment project
area.
|
(L) Lack of community planning. The proposed |
redevelopment project area
was
developed prior to or |
without the benefit or guidance of a community plan.
|
This means that the development occurred prior to the |
adoption by the
municipality of a comprehensive or |
|
other community plan or that the plan was
not followed |
at the time of the area's development. This factor must |
be
documented by evidence of adverse or incompatible |
land-use relationships,
inadequate street layout, |
improper subdivision, parcels of inadequate shape and
|
size to meet contemporary development standards, or |
other evidence
demonstrating
an absence of effective |
community planning.
|
(M) The total equalized assessed value of the |
proposed redevelopment
project area has declined for 3 |
of the last 5 calendar years
prior to the year in which |
the redevelopment project area is designated
or is |
increasing at an
annual rate that is less
than the |
balance of the municipality for 3 of the last 5 |
calendar years
for which
information is available or is |
increasing at an annual rate that is less than
the |
Consumer Price Index
for All Urban Consumers published |
by the United States Department of Labor or
successor |
agency for 3 of the last 5 calendar years
prior to the |
year in which the redevelopment project area is |
designated.
|
(2) If vacant, the sound growth of the redevelopment |
project area
is impaired by a
combination of 2 or more of |
the following factors, each of which
is (i) present, with |
that presence documented, to a meaningful extent so
that
a |
municipality may reasonably find that the factor is clearly |
|
present
within the intent of the Act and (ii) reasonably |
distributed throughout the
vacant part of the
|
redevelopment project area to which it pertains:
|
(A) Obsolete platting of vacant land that results |
in parcels of
limited or
narrow size or configurations |
of parcels of irregular size or shape that would
be |
difficult to develop on
a planned basis and in a manner |
compatible with contemporary standards and
|
requirements, or platting that failed to create |
rights-of-ways for streets or
alleys or that created |
inadequate right-of-way widths for streets, alleys, or
|
other public rights-of-way or that omitted easements |
for public utilities.
|
(B) Diversity of ownership of parcels of vacant |
land sufficient in
number to
retard or impede the |
ability to assemble the land for development.
|
(C) Tax and special assessment delinquencies exist |
or the property has
been the subject of tax sales under |
the Property Tax Code within the last 5
years.
|
(D) Deterioration of structures or site |
improvements in neighboring
areas adjacent to the |
vacant land.
|
(E) The area has incurred Illinois Environmental |
Protection Agency or
United States Environmental |
Protection Agency remediation costs for, or a study
|
conducted by an independent consultant recognized as |
|
having expertise in
environmental remediation has |
determined a need for, the
clean-up of hazardous
waste, |
hazardous substances, or underground storage tanks |
required by State or
federal law, provided that the |
remediation costs
constitute a material impediment to |
the development or redevelopment of
the
redevelopment |
project area.
|
(F) The total equalized assessed value of the |
proposed redevelopment
project area has declined for 3 |
of the last 5 calendar years
prior to the year in which |
the redevelopment project area is designated
or is |
increasing at an
annual rate that is less
than the |
balance of the municipality for 3 of the last 5 |
calendar years for
which information is available or is |
increasing at an annual rate that is less
than
the |
Consumer Price Index
for All Urban Consumers published |
by the United States Department of Labor or
successor |
agency for 3 of the last 5 calendar years
prior to the |
year in which the redevelopment project area is |
designated.
|
(3) If vacant, the sound growth of the redevelopment |
project area is
impaired by one of the
following factors |
that (i) is present, with that presence documented, to a
|
meaningful extent so that a municipality may reasonably |
find that the factor is
clearly
present within the intent |
of the Act and (ii) is reasonably distributed
throughout |
|
the vacant part of the
redevelopment project area to which |
it pertains:
|
(A) The area consists of one or more unused |
quarries, mines, or strip
mine ponds.
|
(B) The area consists of unused rail yards, rail |
tracks, or railroad
rights-of-way.
|
(C) The area, prior to its designation, is subject |
to (i) chronic
flooding
that adversely impacts on real |
property in the area as certified by a
registered
|
professional engineer or appropriate regulatory agency |
or (ii) surface water
that
discharges from all or a |
part of the area and contributes to flooding within
the
|
same watershed, but only if the redevelopment project |
provides for facilities
or
improvements to contribute |
to the alleviation of all or part of the
flooding.
|
(D) The area consists of an unused or illegal |
disposal site containing
earth,
stone, building |
debris, or similar materials that were removed from
|
construction, demolition, excavation, or dredge sites.
|
(E) Prior to November 1, 1999, the area
is not less |
than 50 nor more than 100 acres and 75%
of which is |
vacant (notwithstanding that the area has been used
for |
commercial agricultural purposes within 5 years prior |
to the designation
of the redevelopment project area), |
and the area meets at least one of
the factors itemized |
in paragraph (1) of this subsection, the area
has been |
|
designated as a town or village center by ordinance or |
comprehensive
plan adopted prior to January 1, 1982, |
and the area has not been developed
for that designated |
purpose.
|
(F) The area qualified as a blighted improved area |
immediately prior to
becoming vacant, unless there has |
been substantial private investment in the
immediately |
surrounding area.
|
(b) For any redevelopment project area that has been |
designated pursuant
to this
Section by an ordinance adopted |
prior to November 1, 1999 (the effective
date of Public Act
|
91-478), "conservation area" shall have the meaning
set forth |
in this
Section prior to that date.
|
On and after November 1, 1999,
"conservation area" means |
any improved area within the boundaries
of a redevelopment |
project area located within the territorial limits of
the |
municipality in which 50% or more of the structures in the area |
have
an age of 35 years or more.
Such an area is not yet a |
blighted area but
because of a combination of 3 or more of the |
following factors is detrimental
to the public safety, health, |
morals
or welfare and such an area may become a blighted area:
|
(1) Dilapidation. An advanced state of disrepair or |
neglect of
necessary
repairs to the primary structural |
components of buildings or improvements in
such a |
combination that a documented building condition analysis |
determines
that major repair is required or the defects are |
|
so serious and so extensive
that the buildings must be |
removed.
|
(2) Obsolescence. The condition or process of falling |
into disuse.
Structures have become ill-suited for the |
original use.
|
(3) Deterioration. With respect to buildings, defects
|
including, but not limited to, major defects in
the |
secondary building components such as doors, windows, |
porches, gutters and
downspouts, and fascia. With respect |
to surface improvements, that the
condition of roadways, |
alleys, curbs, gutters, sidewalks, off-street parking,
and |
surface storage areas evidence deterioration, including, |
but not limited
to, surface cracking, crumbling, potholes, |
depressions, loose paving material,
and weeds protruding |
through paved surfaces.
|
(4) Presence of structures below minimum code |
standards. All structures
that do not meet the standards of |
zoning, subdivision, building, fire, and
other |
governmental codes applicable to property, but not |
including housing and
property maintenance codes.
|
(5) Illegal use of individual structures. The use of |
structures in
violation of applicable federal, State, or |
local laws, exclusive of those
applicable to the presence |
of structures below minimum code standards.
|
(6) Excessive vacancies. The presence of
buildings |
that are unoccupied or under-utilized and that represent an |
|
adverse
influence on the area because of the frequency, |
extent, or duration of the
vacancies.
|
(7) Lack of ventilation, light, or sanitary |
facilities. The absence of
adequate ventilation for light |
or air circulation in spaces or rooms without
windows, or |
that require the removal of dust, odor, gas, smoke, or |
other
noxious airborne materials. Inadequate natural light |
and ventilation means
the absence or inadequacy of |
skylights or windows for interior spaces or rooms
and |
improper
window sizes and amounts by room area to window |
area ratios. Inadequate
sanitary facilities refers to the |
absence or inadequacy of garbage storage and
enclosure,
|
bathroom facilities, hot water and kitchens, and |
structural inadequacies
preventing ingress and egress to |
and from all rooms and units within a
building.
|
(8) Inadequate utilities. Underground and overhead |
utilities
such as storm sewers and storm drainage, sanitary |
sewers, water lines, and gas,
telephone, and
electrical |
services that are shown to be inadequate. Inadequate |
utilities are
those that are: (i) of insufficient capacity |
to serve the uses in the
redevelopment project area, (ii) |
deteriorated,
antiquated, obsolete, or in disrepair, or |
(iii) lacking within the
redevelopment project area.
|
(9) Excessive land coverage and overcrowding of |
structures and community
facilities. The over-intensive |
use of property and the crowding of buildings
and accessory |
|
facilities onto a site. Examples of problem conditions
|
warranting the designation of an area as one exhibiting |
excessive land coverage
are: the presence of buildings |
either improperly situated on parcels or located
on parcels |
of inadequate size and shape in relation to present-day |
standards of
development for health and safety and the |
presence of multiple buildings on a
single parcel. For |
there to be a finding of excessive land coverage,
these |
parcels must exhibit one or more of the following |
conditions:
insufficient provision for
light and air |
within or around buildings, increased threat of spread of |
fire
due to the close proximity of buildings, lack of |
adequate or proper access to a
public right-of-way, lack of |
reasonably required off-street parking, or
inadequate |
provision for loading and service.
|
(10) Deleterious land use or layout. The existence of |
incompatible
land-use
relationships, buildings occupied by |
inappropriate mixed-uses, or uses
considered to be |
noxious, offensive, or unsuitable for the
surrounding |
area.
|
(11) Lack of community planning. The proposed |
redevelopment project area
was
developed prior to or |
without the benefit or guidance of a community plan.
This |
means that the development occurred prior to the adoption |
by the
municipality of a comprehensive or other community |
plan or that the plan was
not followed at the time of the |
|
area's development. This factor must be
documented by |
evidence of adverse or incompatible land-use |
relationships,
inadequate street layout, improper |
subdivision, parcels of inadequate shape and
size to meet |
contemporary development standards, or other evidence
|
demonstrating
an absence of effective community planning.
|
(12) The area has incurred Illinois Environmental |
Protection Agency or
United
States Environmental |
Protection Agency remediation costs for, or a study
|
conducted by an independent consultant recognized as |
having expertise in
environmental remediation has |
determined a need for, the clean-up of hazardous
waste, |
hazardous substances, or underground storage tanks |
required by State
or federal law, provided that the |
remediation costs constitute a material
impediment to the |
development or redevelopment of the redevelopment project
|
area.
|
(13) The total equalized assessed value of the proposed |
redevelopment
project area has declined for 3 of the last 5 |
calendar years
for which information is
available or is |
increasing at an annual rate that is less than the balance |
of
the municipality for 3 of the last 5 calendar years for |
which information is
available or is increasing at an |
annual rate that is less
than the Consumer Price Index for |
All Urban Consumers published by the United
States |
Department of Labor or successor agency for 3 of the last 5 |
|
calendar
years for which information is available.
|
(c) "Industrial park" means an area in a blighted or |
conservation
area suitable for use by any manufacturing, |
industrial, research or
transportation enterprise, of |
facilities to include but not be limited to
factories, mills, |
processing plants, assembly plants, packing plants,
|
fabricating plants, industrial distribution centers, |
warehouses, repair
overhaul or service facilities, freight |
terminals, research facilities,
test facilities or railroad |
facilities.
|
(d) "Industrial park conservation area" means an area |
within the
boundaries of a redevelopment project area located |
within the territorial
limits of a municipality that is a labor |
surplus municipality or within 1
1/2 miles of the territorial |
limits of a municipality that is a labor
surplus municipality |
if the area is annexed to the municipality; which
area is zoned |
as industrial no later than at the time the municipality by
|
ordinance designates the redevelopment project area, and which |
area
includes both vacant land suitable for use as an |
industrial park and a
blighted area or conservation area |
contiguous to such vacant land.
|
(e) "Labor surplus municipality" means a municipality in |
which, at any
time during the 6 months before the municipality |
by ordinance designates
an industrial park conservation area, |
the unemployment rate was over 6% and was
also 100% or more of |
the national average unemployment rate for that same
time as |
|
published in the United States Department of Labor Bureau of |
Labor
Statistics publication entitled "The Employment |
Situation" or its successor
publication. For the purpose of |
this subsection, if unemployment rate
statistics for the |
municipality are not available, the unemployment rate in
the |
municipality shall be deemed to be the same as the unemployment |
rate in
the principal county in which the municipality is |
located.
|
(f) "Municipality" shall mean a city, village, |
incorporated town, or a township that is located in the |
unincorporated portion of a county with 3 million or more |
inhabitants, if the county adopted an ordinance that approved |
the township's redevelopment plan.
|
(g) "Initial Sales Tax Amounts" means the amount of 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 a
State Sales Tax Boundary |
during the calendar year 1985.
|
(g-1) "Revised Initial Sales Tax Amounts" means the amount |
of 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 within the State Sales Tax |
|
Boundary
revised pursuant to Section 11-74.4-8a(9) of this Act.
|
(h) "Municipal Sales Tax Increment" means an amount equal |
to the
increase in the aggregate amount of taxes paid to a |
municipality from the
Local Government Tax Fund arising from |
sales by retailers and servicemen
within the redevelopment |
project area or State Sales Tax Boundary, as
the case may be, |
for as long as the redevelopment project area or State
Sales |
Tax Boundary, as the case may be, exist over and above the |
aggregate
amount of taxes as certified by the Illinois |
Department of Revenue and paid
under the Municipal Retailers' |
Occupation Tax Act and the Municipal Service
Occupation Tax Act |
by retailers and servicemen, on transactions at places
of |
business located in the redevelopment project area or State |
Sales Tax
Boundary, as the case may be, during the
base year |
which shall be the calendar year immediately prior to the year |
in
which the municipality adopted tax increment allocation |
financing. For
purposes of computing the aggregate amount of |
such taxes for base years
occurring prior to 1985, the |
Department of Revenue shall determine the
Initial Sales Tax |
Amounts for such taxes and deduct therefrom an amount
equal to |
4% of the aggregate amount of taxes per year for each year the
|
base year is prior to 1985, but not to exceed a total deduction |
of 12%.
The amount so determined shall be known as the |
"Adjusted Initial Sales Tax
Amounts". For purposes of |
determining the Municipal Sales Tax Increment,
the Department |
of Revenue shall for each period subtract from the amount
paid |
|
to the municipality from the Local Government Tax Fund arising |
from
sales by retailers and servicemen on transactions
located |
in the redevelopment project area or the State Sales Tax |
Boundary,
as the case may be, the certified Initial Sales Tax
|
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
Initial
Sales Tax Amounts for the Municipal Retailers'
|
Occupation Tax Act and the Municipal Service
Occupation Tax |
Act. For the State Fiscal Year 1989, this calculation shall
be |
made by utilizing the calendar year 1987 to determine the tax |
amounts
received. For the State Fiscal Year 1990, this |
calculation shall be made
by utilizing the period from January |
1, 1988, until September 30, 1988, to
determine the tax amounts |
received from retailers and servicemen pursuant
to the |
Municipal Retailers' Occupation Tax and the Municipal Service
|
Occupation Tax Act, which shall have deducted therefrom
|
nine-twelfths of the certified Initial Sales Tax Amounts, the |
Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales |
Tax Amounts as appropriate.
For the State Fiscal Year 1991, |
this calculation shall be made by utilizing
the period from |
October 1, 1988, to June 30, 1989, to determine the tax
amounts |
received from retailers and servicemen pursuant to the |
Municipal
Retailers' Occupation Tax and the Municipal Service |
Occupation Tax Act
which shall have deducted therefrom |
nine-twelfths of the
certified Initial Sales Tax Amounts, |
Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales |
Tax Amounts as appropriate. For every
State Fiscal Year |
|
thereafter, the applicable period shall be the 12 months
|
beginning July 1 and ending June 30 to determine the tax |
amounts received
which shall have deducted therefrom the |
certified Initial Sales Tax
Amounts, the Adjusted Initial Sales |
Tax Amounts or the Revised Initial
Sales Tax Amounts, as the |
case may be.
|
(i) "Net State Sales Tax Increment" means the sum of the |
following: (a)
80% of the first $100,000 of State Sales Tax |
Increment annually generated
within a State Sales Tax Boundary; |
(b) 60% of the amount in excess of
$100,000 but not exceeding |
$500,000 of State Sales Tax Increment annually
generated within |
a State Sales Tax Boundary; and (c) 40% of all amounts in
|
excess of $500,000 of State Sales Tax Increment annually |
generated within a
State Sales Tax Boundary. If, however, a |
municipality established a tax
increment financing district in |
a county with a population in excess of
3,000,000 before |
January 1, 1986, and the municipality entered into a
contract |
or issued bonds after January 1, 1986, but before December 31, |
1986,
to finance redevelopment project costs within a State |
Sales Tax
Boundary, then the Net State Sales Tax Increment |
means, for the fiscal years
beginning July 1, 1990, and July 1, |
1991, 100% of the State Sales Tax
Increment annually generated |
within a State Sales Tax Boundary; and
notwithstanding any |
other provision of this Act, for those fiscal years the
|
Department of Revenue shall distribute to those municipalities |
100% of
their Net State Sales Tax Increment before any |
|
distribution to any other
municipality and regardless of |
whether or not those other municipalities
will receive 100% of |
their Net State Sales Tax Increment. For Fiscal Year
1999, and |
every year thereafter until the year 2007, for any municipality
|
that has not entered into a contract or has not issued bonds |
prior to June
1, 1988 to finance redevelopment project costs |
within a State Sales Tax
Boundary, the Net State Sales Tax |
Increment shall be calculated as follows:
By multiplying the |
Net State Sales Tax Increment by 90% in the State Fiscal
Year |
1999; 80% in the State Fiscal Year 2000; 70% in the State |
Fiscal Year
2001; 60% in the State Fiscal Year 2002; 50% in the |
State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% |
in the State Fiscal Year 2005; 20% in
the State Fiscal Year |
2006; and 10% in the State Fiscal Year 2007. No
payment shall |
be made for State Fiscal Year 2008 and thereafter.
|
Municipalities that issued bonds in connection with a |
redevelopment project
in a redevelopment project area within |
the State Sales Tax Boundary prior to
July 29, 1991,
or that |
entered into contracts in connection with a redevelopment |
project in
a redevelopment project area before June 1, 1988,
|
shall continue to receive their proportional share of the
|
Illinois Tax Increment Fund distribution until the date on |
which the
redevelopment project is completed or terminated.
If, |
however, a municipality that issued bonds in connection with a
|
redevelopment project in a redevelopment project area within |
the State Sales
Tax Boundary prior to July 29, 1991 retires the |
|
bonds prior to June 30, 2007 or
a municipality that entered |
into contracts in connection with a redevelopment
project in a |
redevelopment project area before June 1, 1988 completes the
|
contracts prior to June 30, 2007, then so long as the |
redevelopment project is
not
completed or is not terminated, |
the Net State Sales Tax Increment shall be
calculated, |
beginning on the date on which the bonds are retired or the
|
contracts are completed, as follows: By multiplying the Net |
State Sales Tax
Increment by 60% in the State Fiscal Year
2002; |
50% in the State Fiscal Year 2003; 40% in the State Fiscal Year |
2004; 30%
in the State Fiscal Year 2005; 20% in the State |
Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No |
payment shall be made for State Fiscal Year
2008 and |
thereafter.
Refunding of any bonds issued
prior to July 29, |
1991, shall not alter the Net State Sales Tax Increment.
|
(j) "State Utility Tax Increment Amount" means an amount |
equal to the
aggregate increase in State electric and gas tax |
charges imposed on owners
and tenants, other than residential |
customers, of properties located within
the redevelopment |
project area under Section 9-222 of the Public Utilities
Act, |
over and above the aggregate of such charges as certified by |
the
Department of Revenue and paid by owners and tenants, other |
than
residential customers, of properties within the |
redevelopment project area
during the base year, which shall be |
the calendar year immediately prior to
the year of the adoption |
of the ordinance authorizing tax increment allocation
|
|
financing.
|
(k) "Net State Utility Tax Increment" means the sum of the |
following:
(a) 80% of the first $100,000 of State Utility Tax |
Increment annually
generated by a redevelopment project area; |
(b) 60% of the amount in excess
of $100,000 but not exceeding |
$500,000 of the State Utility Tax Increment
annually generated |
by a redevelopment project area; and (c) 40% of all
amounts in |
excess of $500,000 of State Utility Tax Increment annually
|
generated by a redevelopment project area. For the State Fiscal |
Year 1999,
and every year thereafter until the year 2007, for |
any municipality that
has not entered into a contract or has |
not issued bonds prior to June 1,
1988 to finance redevelopment |
project costs within a redevelopment project
area, the Net |
State Utility Tax Increment shall be calculated as follows:
By |
multiplying the Net State Utility Tax Increment by 90% in the |
State
Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70% |
in the State
Fiscal Year 2001; 60% in the State Fiscal Year |
2002; 50% in the State
Fiscal Year 2003; 40% in the State |
Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the |
State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. |
No payment shall be made for the State Fiscal Year 2008
and |
thereafter.
|
Municipalities that issue bonds in connection with the |
redevelopment project
during the period from June 1, 1988 until |
3 years after the effective date
of this Amendatory Act of 1988 |
shall receive the Net State Utility Tax
Increment, subject to |
|
appropriation, for 15 State Fiscal Years after the
issuance of |
such bonds. For the 16th through the 20th State Fiscal Years
|
after issuance of the bonds, the Net State Utility Tax |
Increment shall be
calculated as follows: By multiplying the |
Net State Utility Tax Increment
by 90% in year 16; 80% in year |
17; 70% in year 18; 60% in year 19; and 50%
in year 20. |
Refunding of any bonds issued prior to June 1, 1988, shall not
|
alter the revised Net State Utility Tax Increment payments set |
forth above.
|
(l) "Obligations" mean bonds, loans, debentures, notes, |
special certificates
or other evidence of indebtedness issued |
by the municipality to carry out
a redevelopment project or to |
refund outstanding obligations.
|
(m) "Payment in lieu of taxes" means those estimated tax |
revenues from
real property in a redevelopment project area |
derived from real property that
has been acquired by a |
municipality
which according to the redevelopment project or |
plan is to be used for a
private use which taxing districts |
would have received had a municipality
not acquired the real |
property and adopted tax increment allocation
financing and |
which would result from
levies made after the time of the |
adoption of tax increment allocation
financing to the time the |
current equalized value of real property in the
redevelopment |
project area exceeds the total initial equalized value of
real |
property in said area.
|
(n) "Redevelopment plan" means the comprehensive program |
|
of
the municipality for development or redevelopment intended |
by the payment of
redevelopment project costs to reduce or |
eliminate those conditions the
existence of which qualified the |
redevelopment project area as
a "blighted
area" or |
"conservation area" or combination thereof or "industrial park
|
conservation area," and thereby to enhance the tax bases of the |
taxing
districts which extend into the redevelopment project |
area.
On and after November 1, 1999 (the effective date of
|
Public Act 91-478), no
redevelopment plan may be approved or |
amended that includes the development of
vacant land (i) with a |
golf course and related clubhouse and other facilities
or (ii) |
designated by federal, State, county, or municipal government |
as public
land for outdoor recreational activities or for |
nature preserves and used for
that purpose within 5
years prior |
to the adoption of the redevelopment plan. For the purpose of
|
this subsection, "recreational activities" is limited to mean |
camping and
hunting.
Each
redevelopment plan shall set forth in |
writing the program to be undertaken
to accomplish the |
objectives and shall include but not be limited to:
|
(A) an itemized list of estimated redevelopment |
project costs;
|
(B) evidence indicating that the redevelopment project |
area on the whole
has not been subject to growth and |
development through investment by private
enterprise;
|
(C) an assessment of any financial impact of the |
redevelopment project
area on or any increased demand for |
|
services from any taxing district affected
by the plan and |
any program to address such financial impact or increased
|
demand;
|
(D) the sources of funds to pay costs;
|
(E) the nature and term of the obligations to be |
issued;
|
(F) the most recent equalized assessed valuation of the |
redevelopment
project area;
|
(G) an estimate as to the equalized assessed valuation |
after redevelopment
and the general land uses to apply in |
the redevelopment project area;
|
(H) a commitment to fair employment practices and an |
affirmative action
plan;
|
(I) if it concerns an industrial park
conservation |
area, the plan shall
also include a general description
of |
any proposed developer, user and tenant of any property, a |
description
of the type, structure and general character of |
the facilities to be
developed, a description of the type, |
class and number of new employees to
be employed in the |
operation of the facilities to be developed; and
|
(J) if property is to be annexed to the municipality, |
the plan shall
include the terms of the annexation |
agreement.
|
The provisions of items (B) and (C) of this subsection (n) |
shall not apply to
a municipality that before March 14, 1994 |
(the effective date of Public Act
88-537) had fixed, either by |
|
its
corporate authorities or by a commission designated under |
subsection (k) of
Section 11-74.4-4, a time and place for a |
public hearing as required by
subsection (a) of Section |
11-74.4-5.
No redevelopment plan shall be adopted unless a
|
municipality complies with all of the following requirements:
|
(1) The municipality finds that the redevelopment |
project area on
the whole has not been subject to growth |
and development through investment
by private enterprise |
and would not reasonably be anticipated to be
developed |
without the adoption of the redevelopment plan.
|
(2) The municipality finds that the redevelopment plan |
and project conform
to the comprehensive plan for the |
development of the municipality as a whole,
or, for |
municipalities with a population of 100,000 or more, |
regardless of when
the redevelopment plan and project was |
adopted, the redevelopment plan and
project either: (i) |
conforms to the strategic economic development or
|
redevelopment plan issued by the designated planning |
authority of the
municipality, or (ii) includes land uses |
that have been approved by the
planning commission of the |
municipality.
|
(3) The redevelopment plan establishes the estimated |
dates of completion
of the redevelopment project and |
retirement of obligations issued to finance
redevelopment |
project costs. Those dates: shall 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 twenty-third
calendar year |
after the year in which the ordinance approving the
|
redevelopment project area is adopted if the ordinance was |
adopted on or after
January 15, 1981; shall 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 thirty-third calendar
year |
after the year in which the ordinance approving the
|
redevelopment project area if the ordinance was adopted on |
May 20, 1985 by the Village of Wheeling; and
shall 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 thirty-fifth calendar
year |
after the year in which the ordinance approving the
|
redevelopment project area is adopted:
|
(A) if the ordinance was adopted before January 15,
|
1981, or
|
(B) if the ordinance was adopted in December 1983, |
April 1984,
July 1985, or December 1989, or
|
(C) if the ordinance was adopted in December 1987 |
and the
redevelopment project is located within one |
mile of Midway Airport, or
|
|
(D) if the ordinance was adopted before January 1, |
1987 by a
municipality
in Mason County, or
|
(E) if the municipality is
subject to the Local |
Government Financial Planning and Supervision Act or |
the
Financially Distressed City Law, or
|
(F) if
the ordinance was adopted in December 1984 |
by the Village of Rosemont, or
|
(G) 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, or
|
(H) 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, or
|
(I) if the ordinance was adopted on November 12, |
1991 by the Village
of Sauget, or
|
(J) if the ordinance was adopted on February 11, |
1985 by the City of
Rock Island, or
|
(K) if the ordinance was adopted before December |
18, 1986 by the City of
Moline, or
|
(L) if the ordinance was adopted in September 1988 |
|
by Sauk Village,
or
|
(M) if the ordinance was adopted in October 1993 by |
Sauk Village,
or
|
(N) if the ordinance was adopted on December 29, |
1986 by the City of
Galva, or
|
(O) if the ordinance was adopted in March 1991 by |
the City of
Centreville, or
|
(P) if the ordinance was adopted on January 23, |
1991 by the
City of East St. Louis, or
|
(Q) if the ordinance was adopted on December 22, |
1986 by the City of
Aledo, or
|
(R) if the ordinance was adopted on February 5, |
1990 by the City of
Clinton, or
|
(S) if the ordinance was adopted on September 6, |
1994 by the City of
Freeport, or
|
(T) if the ordinance was adopted on December 22, |
1986 by the City of
Tuscola, or
|
(U) if the ordinance was adopted on December 23, |
1986 by the City of
Sparta, or
|
(V) if the ordinance was adopted on December 23, |
1986 by the City of
Beardstown, or
|
(W) if the ordinance was adopted on April 27, 1981, |
October 21, 1985, or
December 30, 1986 by the City of |
Belleville, or
|
(X) if the ordinance was adopted on December 29, |
1986 by the City of
Collinsville, or
|
|
(Y) if the ordinance was adopted on September 14, |
1994 by the City of
Alton, or
|
(Z) if the ordinance was adopted on November 11, |
1996 by the City of
Lexington, or
|
(AA) if the ordinance was adopted on November 5, |
1984 by the City of
LeRoy, or
|
(BB) if the ordinance was adopted on April 3, 1991 |
or June 3, 1992 by
the City of Markham, or
|
(CC) if the ordinance was adopted on November 11, |
1986 by the City of Pekin, or
|
(DD) if the ordinance was adopted on December 15, |
1981 by the City of Champaign, or |
(EE) if the ordinance was adopted on December 15, |
1986 by the City of Urbana, or |
(FF) if the ordinance was adopted on December 15, |
1986 by the Village of Heyworth, or |
(GG) if the ordinance was adopted on February 24, |
1992 by the Village of Heyworth, or |
(HH) if the ordinance was adopted on March 16, 1995 |
by the Village of Heyworth, or |
(II) if the ordinance was adopted on December 23, |
1986 by the Town of Cicero, or |
(JJ) if the ordinance was adopted on December 30, |
1986 by the City of Effingham, or |
(KK) if the ordinance was adopted on May 9, 1991 by |
the Village of
Tilton, or |
|
(LL) if the ordinance was adopted on October 20, |
1986 by the City of Elmhurst, or |
(MM) if the ordinance was adopted on January 19, |
1988 by the City of
Waukegan, or |
(NN) if the ordinance was adopted on September 21, |
1998 by the City of
Waukegan, or |
(OO) if the ordinance was adopted on December 31, |
1986 by the City of Sullivan, or |
(PP) if the ordinance was adopted on December 23, |
1991 by the City of Sullivan, or
|
(QQ) if the ordinance was adopted on December 31, |
1986 by the City of Oglesby, or |
(RR) if the ordinance was adopted on July 28, 1987 |
by the City of Marion, or |
(SS) if the ordinance was adopted on April 23, 1990 |
by the City of Marion, or
|
(TT) if the ordinance was adopted on August 20, |
1985 by the Village of Mount Prospect, or |
(UU) if the ordinance was adopted on February 2, |
1998 by the Village of Woodhull, or |
(VV) if the ordinance was adopted on April 20, 1993 |
by the Village of Princeville , or . |
(WW)
(VV) if the ordinance was adopted on July 1, |
1986 by the City of Granite City , or . |
(XX)
(RR) if the ordinance was adopted on February |
2, 1989 by the Village of Lombard , or |
|
(YY)
(VV) if the ordinance was adopted on December |
29, 1986 by the Village of Gardner , or
|
(ZZ)
(VV) if the ordinance was adopted on July 14, |
1999 by the Village of Paw Paw , or . |
(AAA)
(VV) if the ordinance was adopted on November |
17, 1986 by the Village of Franklin Park , or . |
(BBB)
(VV) if the ordinance was adopted on November |
20, 1989 by the Village of South Holland , or
. |
(CCC) if the ordinance was adopted on December 30, |
1986 by the Village of Manteno; or
|
(DDD) if the ordinance was adopted on April 3, 1989 |
by the City of Chicago Heights; or |
(EEE) if the ordinance was adopted on January 6, |
1999 by the Village of Rosemont, or |
(FFF) if the ordinance was adopted on December 19, |
2000 by the Village of Stone Park.
|
However, 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 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 this amendatory Act of 1993 shall not apply to |
real
property tax increment allocation financing under |
Section 11-74.4-8.
|
A municipality may by municipal ordinance amend an |
existing redevelopment
plan to conform to this paragraph |
(3) as amended by Public Act 91-478, which
municipal |
ordinance may be adopted without
further hearing or
notice |
and without complying with the procedures provided in this |
Act
pertaining to an amendment to or the initial approval |
of a redevelopment plan
and project and
designation of a |
redevelopment project area.
|
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.
|
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.
|
(3.5) The municipality finds, in the case of an |
industrial
park
conservation area, also that the |
municipality is a labor surplus municipality
and that the |
implementation of the redevelopment plan will reduce |
unemployment,
create new jobs and by the provision of new |
facilities enhance the tax base of
the taxing districts |
that extend into the redevelopment project area.
|
(4) If any incremental revenues are being utilized |
under
Section 8(a)(1)
or 8(a)(2) of this Act in |
redevelopment project areas approved by ordinance
after |
January 1, 1986, the municipality finds: (a) that the |
redevelopment
project area would not reasonably be |
developed without the use of such
incremental revenues, and |
|
(b) that such incremental revenues will be
exclusively |
utilized for the development of the redevelopment project |
area.
|
(5) 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, |
a housing impact study
need not be performed.
If, however, |
the redevelopment plan would result in the displacement
of
|
residents from 10 or more inhabited
residential units,
or |
if the redevelopment project area contains 75 or more |
inhabited residential
units and no
certification is made,
|
then the municipality shall prepare, as part of the |
separate
feasibility report required by subsection (a) of |
Section 11-74.4-5, a housing
impact study.
|
Part I of the housing impact study shall include (i) |
data as to whether
the residential units are single family |
or multi-family units,
(ii) the number and type of rooms |
within the units, if that information is
available, (iii) |
whether
the
units are inhabited or uninhabited, as |
determined not less than 45
days before the date that the |
ordinance or resolution required
by subsection (a) of |
Section 11-74.4-5 is passed, and (iv) data as to the
racial |
and ethnic composition of the residents in the inhabited |
residential
units. The data requirement as to the racial |
and ethnic composition of the
residents in the inhabited |
|
residential units shall be deemed to be fully
satisfied by |
data from the most recent federal census.
|
Part II of the housing impact study shall identify the |
inhabited
residential units in the proposed redevelopment |
project area that are to be or
may be removed. If inhabited |
residential units are to be removed, then the
housing |
impact study shall identify (i) the number and location of |
those units
that will or may be removed, (ii) the |
municipality's plans for relocation
assistance for those |
residents in the proposed redevelopment project area
whose |
residences are to be removed, (iii) the availability of |
replacement
housing for those residents whose residences |
are to be removed, and shall
identify the type, location, |
and cost of the housing, and (iv) the type and
extent
of |
relocation assistance to be provided.
|
(6) On and after November 1, 1999, the
housing impact |
study required by paragraph (5) shall be
incorporated in |
the redevelopment plan for the
redevelopment project area.
|
(7) On and after November 1, 1999, no
redevelopment |
plan shall be adopted, nor an
existing plan amended, nor |
shall residential housing that is
occupied by households of |
low-income and very low-income
persons in currently |
existing redevelopment project
areas be removed after |
November 1, 1999 unless the redevelopment plan provides, |
with
respect to inhabited housing units that are to be |
removed for
households of low-income and very low-income |
|
persons, affordable
housing and relocation assistance not |
less than that which would
be provided under the federal |
Uniform Relocation Assistance and
Real Property |
Acquisition Policies Act of 1970 and the regulations
under |
that Act, including the eligibility criteria.
Affordable |
housing may be either existing or newly constructed
|
housing. For purposes of this paragraph (7), "low-income
|
households", "very low-income households", and "affordable
|
housing" have the meanings set forth in the Illinois |
Affordable
Housing Act.
The municipality shall make a good |
faith effort to ensure that this affordable
housing is |
located in or near the redevelopment project area within |
the
municipality.
|
(8) On and after November 1, 1999, if,
after the |
adoption of the redevelopment plan for the
redevelopment |
project area, any municipality desires to amend its
|
redevelopment plan
to remove more inhabited residential |
units than
specified in its original redevelopment plan, |
that change shall be made in
accordance with the procedures |
in subsection (c) of Section 11-74.4-5.
|
(9) For redevelopment project areas designated prior |
to November 1,
1999, the redevelopment plan may be amended |
without further joint review board
meeting or hearing, |
provided that the municipality shall give notice of any
|
such changes by mail to each affected taxing district and |
registrant on the
interested party registry, to authorize |
|
the municipality to expend tax
increment revenues for |
redevelopment project costs defined by paragraphs (5)
and |
(7.5), subparagraphs (E) and (F) of paragraph (11), and |
paragraph (11.5) of
subsection (q) of Section 11-74.4-3, so |
long as the changes do not 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.
|
(o) "Redevelopment project" means any public and private |
development project
in furtherance of the objectives of a |
redevelopment plan.
On and after November 1, 1999 (the |
effective date of Public Act 91-478), no
redevelopment plan may |
be approved or amended that includes the development
of vacant |
land (i) with a golf course and related clubhouse and other
|
facilities
or (ii) designated by federal, State, county, or |
municipal government as public
land for outdoor recreational |
activities or for nature preserves and used for
that purpose |
within 5
years prior to the adoption of the redevelopment plan. |
For the purpose of
this subsection, "recreational activities" |
is limited to mean camping and
hunting.
|
(p) "Redevelopment project area" means an area designated |
by
the
municipality, which is not less in the aggregate than 1 |
1/2 acres and in
respect to which the municipality has made a |
finding that there exist
conditions which cause the area to be |
classified as an industrial park
conservation area or a |
blighted area or a conservation area, or a
combination of both |
|
blighted areas and conservation areas.
|
(q) "Redevelopment project costs" mean and include the sum |
total of all
reasonable or necessary costs incurred or |
estimated to be incurred, and
any such costs incidental to a |
redevelopment plan and a redevelopment
project. Such costs |
include, without limitation, the following:
|
(1) Costs of studies, surveys, development of plans, |
and
specifications, implementation and administration of |
the redevelopment
plan including but not limited to staff |
and professional service costs for
architectural, |
engineering, legal, financial, planning or other
services, |
provided however that no charges for professional services |
may be
based on a percentage of the tax increment |
collected; except that on and
after November 1, 1999 (the |
effective date of Public Act 91-478), no
contracts for
|
professional services, excluding architectural and |
engineering services, may be
entered into if the terms of |
the contract extend
beyond a period of 3 years. In |
addition, "redevelopment project costs" shall
not include |
lobbying expenses.
After consultation with the |
municipality, each tax
increment consultant or advisor to a |
municipality that plans to designate or
has designated a |
redevelopment project area shall inform the municipality |
in
writing of any contracts that the consultant or advisor |
has entered into with
entities or individuals that have |
received, or are receiving, payments financed
by tax
|
|
increment revenues produced by the redevelopment project |
area with respect to
which the consultant or advisor has |
performed, or will be performing, service
for the
|
municipality. This requirement shall be satisfied by the |
consultant or advisor
before the commencement of services |
for the municipality and thereafter
whenever any other |
contracts with those individuals or entities are executed |
by
the consultant or advisor;
|
(1.5) After July 1, 1999, annual administrative costs |
shall
not include general overhead or
administrative costs |
of the municipality
that would still have been incurred by |
the municipality if the municipality had
not
designated a |
redevelopment project area or approved a redevelopment |
plan;
|
(1.6) The cost of
marketing sites within the |
redevelopment project area to prospective
businesses, |
developers, and investors;
|
(2) Property assembly costs, including but not limited |
to acquisition
of land and other property, real or |
personal, or rights or interests therein,
demolition of |
buildings, site preparation, site improvements that serve |
as an
engineered barrier addressing ground level or below |
ground environmental
contamination, including, but not |
limited to parking lots and other concrete
or asphalt |
barriers, and the clearing and grading of
land;
|
(3) Costs of rehabilitation, reconstruction or repair |
|
or remodeling of
existing public or private buildings, |
fixtures, and leasehold
improvements; and the cost of |
replacing
an existing public building if pursuant to the |
implementation of a
redevelopment project the existing |
public building is to be demolished to use
the site for |
private investment or
devoted to a different use requiring |
private investment;
|
(4) Costs of the construction of public works or |
improvements, except
that on and after November 1, 1999,
|
redevelopment
project costs shall not include the cost of |
constructing a
new municipal public building principally |
used to provide
offices, storage space, or conference |
facilities or vehicle storage,
maintenance, or repair for |
administrative,
public safety, or public works personnel
|
and that is not intended to replace an existing
public |
building as provided under paragraph (3) of subsection (q) |
of Section
11-74.4-3
unless either (i) the construction of |
the new municipal building
implements a redevelopment |
project that was included in a redevelopment plan
that was |
adopted by the municipality prior to November 1, 1999 or |
(ii) the
municipality makes a reasonable
determination in |
the redevelopment plan, supported by information that |
provides
the basis for that determination, that the new |
municipal building is required
to meet an increase in the |
need for public safety purposes anticipated to
result from |
the implementation of the redevelopment plan;
|
|
(5) Costs of job training and retraining projects, |
including the cost of
"welfare to work" programs |
implemented by businesses located within the
redevelopment |
project area;
|
(6) Financing costs, including but not limited to all |
necessary and
incidental expenses related to the issuance |
of obligations and which may
include payment of interest on |
any obligations issued hereunder including
interest |
accruing
during the estimated period of construction of any |
redevelopment project
for which such obligations are |
issued and for not exceeding 36 months
thereafter and |
including reasonable reserves related thereto;
|
(7) To the extent the municipality by written agreement |
accepts and
approves
the same, all or a portion of a taxing |
district's capital costs resulting
from the redevelopment |
project necessarily incurred or to be incurred within a
|
taxing district in
furtherance of the objectives of the |
redevelopment plan and project.
|
(7.5) For redevelopment project areas designated (or |
redevelopment
project areas amended to add or increase the |
number of
tax-increment-financing assisted housing units) |
on or after November 1,
1999,
an elementary, secondary,
or |
unit school
district's increased costs attributable to |
assisted housing units located
within the
redevelopment |
project area for which the developer or redeveloper |
receives
financial assistance through an agreement with |
|
the municipality or because the
municipality incurs the |
cost of necessary infrastructure improvements within
the |
boundaries of the assisted housing sites necessary for the |
completion of
that housing
as authorized by this Act, and |
which costs shall be paid by the municipality
from the |
Special Tax Allocation Fund when the tax increment revenue |
is received
as a result of the assisted housing units and |
shall be calculated annually as
follows:
|
(A) for foundation districts, excluding any school |
district in a
municipality with a population in excess |
of 1,000,000, by multiplying the
district's increase |
in attendance resulting from the net increase in new
|
students enrolled in that school district who reside in |
housing units within
the redevelopment project area |
that have received financial assistance through
an |
agreement with the municipality or because the |
municipality incurs the cost
of necessary |
infrastructure improvements within the boundaries of |
the housing
sites necessary for the completion of that |
housing as authorized by this Act
since the designation |
of the redevelopment project area by the most recently
|
available per capita tuition cost as defined in Section |
10-20.12a of the School
Code less any increase in |
general State aid as defined in Section 18-8.05 of
the |
School Code attributable to these added new students |
subject to the
following annual limitations:
|
|
(i) for unit school districts with a district |
average 1995-96 Per
Capita
Tuition Charge of less |
than $5,900, no more than 25% of the total amount |
of
property tax increment revenue produced by |
those housing units that have
received tax |
increment finance assistance under this Act;
|
(ii) for elementary school districts with a |
district average 1995-96
Per
Capita Tuition Charge |
of less than $5,900, no more than 17% of the total |
amount
of property tax increment revenue produced |
by those housing units that have
received tax |
increment finance assistance under this Act; and
|
(iii) for secondary school districts with a |
district average 1995-96
Per
Capita Tuition Charge |
of less than $5,900, no more than 8% of the total |
amount
of property tax increment revenue produced |
by those housing units that have
received tax |
increment finance assistance under this Act.
|
(B) For alternate method districts, flat grant |
districts, and foundation
districts with a district |
average 1995-96 Per Capita Tuition Charge equal to or
|
more than $5,900, excluding any school district with a |
population in excess of
1,000,000, by multiplying the |
district's increase in attendance
resulting
from the |
net increase in new students enrolled in that school |
district who
reside in
housing units within the |
|
redevelopment project area that have received
|
financial assistance through an agreement with the |
municipality or because the
municipality incurs the |
cost of necessary infrastructure improvements within
|
the boundaries of the housing sites necessary for the |
completion of that
housing as authorized by this Act |
since the designation of the redevelopment
project |
area by the most recently available per capita tuition |
cost as defined
in Section 10-20.12a of the School Code |
less any increase in general state aid
as defined in |
Section 18-8.05 of the School Code attributable to |
these added
new students subject to the following |
annual limitations:
|
(i) for unit school districts, no more than 40% |
of the total amount of
property tax increment |
revenue produced by those housing units that have
|
received tax increment finance assistance under |
this Act;
|
(ii) for elementary school districts, no more |
than 27% of the total
amount
of property tax |
increment revenue produced by those housing units |
that have
received tax increment finance |
assistance under this Act; and
|
(iii) for secondary school districts, no more |
than 13% of the total
amount
of property tax |
increment revenue produced by those housing units |
|
that have
received tax increment finance |
assistance under this Act.
|
(C) For any school district in a municipality with |
a population in
excess of
1,000,000, the following |
restrictions shall apply to the
reimbursement of |
increased costs under this paragraph (7.5):
|
(i) no increased costs shall be reimbursed |
unless the school district
certifies that each of |
the schools affected by the assisted housing |
project
is at or over its student capacity;
|
(ii) the amount reimbursable shall be reduced |
by the value of any
land
donated to the school |
district by the municipality or developer, and by |
the
value of any physical improvements made to the |
schools by the
municipality or developer; and
|
(iii) the amount reimbursed may not affect |
amounts otherwise obligated
by
the terms of any |
bonds, notes, or other funding instruments, or the |
terms of
any redevelopment agreement.
|
Any school district seeking payment under this |
paragraph (7.5) shall,
after July 1 and before |
September 30 of each year,
provide the municipality |
with reasonable evidence to support its claim for
|
reimbursement before the municipality shall be |
required to approve or make
the payment to the school |
district. If the school district fails to provide
the |
|
information during this period in any year, it shall |
forfeit any claim to
reimbursement for that year. |
School districts may adopt a resolution
waiving the |
right to all or a portion of the reimbursement |
otherwise required
by this paragraph
(7.5). By |
acceptance of this reimbursement the school
district |
waives the right to directly or indirectly set aside, |
modify, or
contest in any manner the establishment of |
the redevelopment project area or
projects;
|
(7.7) For redevelopment project areas designated (or |
redevelopment
project areas amended to add or increase the |
number of
tax-increment-financing assisted housing units) |
on or after
January 1, 2005 (the effective date of Public |
Act 93-961),
a public library
district's increased costs |
attributable to assisted housing units located
within the
|
redevelopment project area for which the developer or |
redeveloper receives
financial assistance through an |
agreement with the municipality or because the
|
municipality incurs the cost of necessary infrastructure |
improvements within
the boundaries of the assisted housing |
sites necessary for the completion of
that housing
as |
authorized by this Act shall be paid to the library |
district by the
municipality
from the Special Tax |
Allocation Fund when the tax increment revenue is received
|
as a result of the assisted housing units. This paragraph |
(7.7) applies only if (i) the library district is located |
|
in a county that is subject to the Property Tax Extension |
Limitation Law or (ii) the library district is not located |
in a county that is subject to the Property Tax Extension |
Limitation Law but the district is prohibited by any other |
law from increasing its tax levy rate without a prior voter |
referendum.
|
The amount paid to a library district under this |
paragraph (7.7) shall be
calculated
by multiplying (i) the |
net increase in the number of persons eligible to obtain
a
|
library card
in that district who reside in housing units |
within
the redevelopment project area that have received |
financial assistance through
an agreement with the |
municipality or because the municipality incurs the cost
of |
necessary infrastructure improvements within the |
boundaries of the housing
sites necessary for the |
completion of that housing as authorized by this Act
since |
the designation of the redevelopment project area by (ii)
|
the per-patron cost of providing library services so long |
as it does not exceed $120.
The per-patron cost shall be |
the Total Operating Expenditures Per Capita as stated in |
the most recent Illinois Public Library Statistics |
produced by the Library Research Center at the University |
of Illinois.
The municipality may deduct from the amount |
that it must pay to a library district under this paragraph |
any amount that it has voluntarily paid to the library |
district from the tax increment revenue. The amount paid to |
|
a library district under this paragraph (7.7) shall be no
|
more
than 2% of the amount produced by the assisted housing |
units and deposited into the Special Tax Allocation Fund.
|
A library district is not eligible for any payment |
under this paragraph
(7.7)
unless the library district has |
experienced an increase in the
number of patrons from the |
municipality that created the tax-increment-financing |
district since the designation of the redevelopment |
project area.
|
Any library district seeking payment under this |
paragraph (7.7) shall,
after July 1 and before September 30 |
of each year,
provide the municipality with convincing |
evidence to support its claim for
reimbursement before the |
municipality shall be required to approve or make
the |
payment to the library district. If the library district |
fails to provide
the information during this period in any |
year, it shall forfeit any claim to
reimbursement for that |
year. Library districts may adopt a resolution
waiving the |
right to all or a portion of the reimbursement otherwise |
required by this paragraph (7.7). By acceptance of such |
reimbursement, the library district shall forfeit any |
right to directly or indirectly set aside, modify, or |
contest in any manner whatsoever the establishment of the |
redevelopment project area or
projects;
|
(8) Relocation costs to the extent that a municipality |
determines that
relocation costs shall be paid or is |
|
required to make payment of relocation
costs by federal or |
State law or in order to satisfy subparagraph (7) of
|
subsection (n);
|
(9) Payment in lieu of taxes;
|
(10) Costs of job training, retraining, advanced |
vocational education
or career
education, including but |
not limited to courses in occupational,
semi-technical or |
technical fields leading directly to employment, incurred
|
by one or more taxing districts, provided that such costs |
(i) are related
to the establishment and maintenance of |
additional job training, advanced
vocational education or |
career education programs for persons employed or
to be |
employed by employers located in a redevelopment project |
area; and
(ii) when incurred by a taxing district or taxing |
districts other than the
municipality, are set forth in a |
written agreement by or among the
municipality and the |
taxing district or taxing districts, which agreement
|
describes the program to be undertaken, including but not |
limited to the
number of employees to be trained, a |
description of the training and
services to be provided, |
the number and type of positions available or to
be |
available, itemized costs of the program and sources of |
funds to pay for the
same, and the term of the agreement. |
Such costs include, specifically, the
payment by community |
college districts of costs pursuant to Sections 3-37,
3-38, |
3-40 and 3-40.1 of the Public Community College Act and by |
|
school
districts of costs pursuant to Sections 10-22.20a |
and 10-23.3a of The School
Code;
|
(11) Interest cost incurred by a redeveloper related to |
the
construction, renovation or rehabilitation of a |
redevelopment project
provided that:
|
(A) such costs are to be paid directly from the |
special tax
allocation fund established pursuant to |
this Act;
|
(B) such payments in any one year may not exceed |
30% of the annual
interest costs incurred by the |
redeveloper with regard to the redevelopment
project |
during that year;
|
(C) if there are not sufficient funds available in |
the special tax
allocation fund to make the payment |
pursuant to this paragraph (11) then
the amounts so due |
shall accrue and be payable when sufficient funds are
|
available in the special tax allocation fund;
|
(D) the total of such interest payments paid |
pursuant to this Act
may not exceed 30% of the total |
(i) cost paid or incurred by the
redeveloper for the |
redevelopment project plus (ii) redevelopment project
|
costs excluding any property assembly costs and any |
relocation costs
incurred by a municipality pursuant |
to this Act; and
|
(E) the cost limits set forth in subparagraphs (B) |
and (D) of
paragraph (11) shall be modified for the |
|
financing of rehabilitated or
new housing units for |
low-income households and very low-income households, |
as
defined in
Section 3 of the Illinois Affordable |
Housing Act. The percentage of
75% shall be substituted |
for 30% in subparagraphs (B) and (D) of
paragraph (11).
|
(F) Instead of the eligible costs provided by |
subparagraphs (B) and (D)
of
paragraph (11), as |
modified by this subparagraph, and notwithstanding
any |
other provisions of this Act to the contrary, the |
municipality may
pay from tax increment revenues up to |
50% of the cost of construction
of new housing units to |
be occupied by low-income households and very
|
low-income
households as defined in Section 3 of the |
Illinois Affordable Housing
Act. The cost of |
construction of those units may be derived from the
|
proceeds of bonds issued by the municipality under this |
Act or
other constitutional or statutory authority or |
from other sources of
municipal revenue that may be |
reimbursed from tax increment
revenues or the proceeds |
of bonds issued to finance the construction
of that |
housing.
|
The eligible costs provided under this |
subparagraph (F) of paragraph (11)
shall
be
an eligible |
cost for the construction, renovation, and |
rehabilitation of all
low and very low-income housing |
units, as defined in Section 3 of the Illinois
|
|
Affordable Housing Act, within the redevelopment |
project area. If the low and
very
low-income units are |
part of a residential redevelopment project that |
includes
units not affordable to low and very |
low-income households, only the low and
very |
low-income units shall be eligible for benefits under |
subparagraph (F) of
paragraph (11).
The standards for |
maintaining the occupancy
by low-income households and |
very low-income households,
as
defined in Section 3 of |
the Illinois Affordable Housing Act,
of those units |
constructed with eligible costs made available under |
the
provisions of
this subparagraph (F) of paragraph |
(11)
shall be
established by guidelines adopted by the |
municipality. The
responsibility for annually |
documenting the initial occupancy of
the units by |
low-income households and very low-income households, |
as defined
in
Section 3
of the Illinois Affordable |
Housing Act, shall be that of the then current
owner of |
the property.
For ownership units, the guidelines will |
provide, at a minimum, for a
reasonable recapture of |
funds, or other appropriate methods designed to
|
preserve the original affordability of the ownership |
units. For rental units,
the guidelines will provide, |
at a minimum, for the affordability of rent to low
and |
very low-income households. As units become available, |
they shall be
rented to income-eligible tenants.
The |
|
municipality may modify these
guidelines from time to |
time; the guidelines, however, shall be in effect
for |
as long as tax increment revenue is being used to pay |
for costs
associated with the units or for the |
retirement of bonds issued to finance
the units or for |
the life of the redevelopment project area, whichever |
is
later.
|
(11.5) If the redevelopment project area is located |
within a municipality
with a population of more than |
100,000, the cost of day care services for
children of |
employees from
low-income
families working for businesses |
located within the redevelopment project area
and all or a
|
portion of the cost of operation of day care centers |
established by
redevelopment project
area businesses to |
serve employees from low-income families working in
|
businesses
located in the redevelopment project area. For |
the purposes of this paragraph,
"low-income families" |
means families whose annual income does not exceed 80% of
|
the
municipal, county, or regional median income, adjusted |
for family size, as the
annual
income and municipal, |
county, or regional median income are determined from
time |
to
time by the United States Department of Housing and |
Urban Development.
|
(12) Unless explicitly stated herein the cost of |
construction of new
privately-owned buildings shall not be |
an eligible redevelopment project cost.
|
|
(13) After November 1, 1999 (the effective date of |
Public Act
91-478), none of
the
redevelopment project costs |
enumerated in this subsection shall be eligible
|
redevelopment project costs if those costs would provide |
direct financial
support to a
retail entity initiating |
operations in the
redevelopment project area while
|
terminating operations at another Illinois location within |
10 miles of the
redevelopment project area but outside the |
boundaries of the redevelopment
project area municipality. |
For
purposes of this paragraph, termination means a
closing |
of a retail operation that is directly related to the |
opening of the
same operation or like retail entity owned |
or operated by more than 50% of the
original ownership in a |
redevelopment project area, but
it does not mean
closing an |
operation for reasons beyond the control of the
retail |
entity, as
documented by the retail entity, subject to a |
reasonable finding by the
municipality that the current |
location contained inadequate space, had become
|
economically obsolete, or was no longer a viable location |
for the retailer or
serviceman.
|
If a special service area has been established pursuant to
|
the Special Service Area Tax Act or Special Service Area Tax |
Law, then any
tax increment revenues derived
from the tax |
imposed pursuant to the Special Service Area Tax Act or Special
|
Service Area Tax Law may
be used within the redevelopment |
project area for the purposes permitted by
that Act or Law as |
|
well as the purposes permitted by this Act.
|
(r) "State Sales Tax Boundary" means the redevelopment |
project area or
the amended redevelopment project area |
boundaries which are determined
pursuant to subsection (9) of |
Section 11-74.4-8a of this
Act. The Department of Revenue shall |
certify pursuant to subsection (9) of
Section 11-74.4-8a the |
appropriate boundaries eligible for the
determination of State |
Sales Tax Increment.
|
(s) "State Sales Tax Increment" means an amount equal to |
the increase
in the aggregate amount of taxes paid by retailers |
and servicemen, other
than retailers and servicemen subject to |
the Public Utilities Act,
on transactions at places of business |
located within a State Sales Tax
Boundary pursuant to the |
Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use |
Tax Act, and the Service Occupation Tax Act, except such
|
portion of such increase that is paid into the State and Local |
Sales Tax
Reform Fund, the Local Government Distributive Fund, |
the Local
Government Tax Fund and the County and Mass Transit |
District Fund, for as
long as State participation exists, over |
and above the Initial Sales Tax
Amounts, Adjusted Initial Sales |
Tax Amounts or the Revised Initial Sales
Tax Amounts for such |
taxes as certified by the Department of Revenue and
paid under |
those Acts by retailers and servicemen on transactions at |
places
of business located within the State Sales Tax Boundary |
during the base
year which shall be the calendar year |
immediately prior to the year in
which the municipality adopted |
|
tax increment allocation financing, less
3.0% of such amounts |
generated under the Retailers' Occupation Tax Act, Use
Tax Act |
and Service Use Tax Act and the Service Occupation Tax Act, |
which
sum shall be appropriated to the Department of Revenue to |
cover its costs
of administering and enforcing this Section. |
For purposes of computing the
aggregate amount of such taxes |
for base years occurring prior to 1985, the
Department of |
Revenue shall compute the Initial Sales Tax Amount for such
|
taxes and deduct therefrom an amount equal to 4% of the |
aggregate amount of
taxes per year for each year the base year |
is prior to 1985, but not to
exceed a total deduction of 12%. |
The amount so determined shall be known
as the "Adjusted |
Initial Sales Tax Amount". For purposes of determining the
|
State Sales Tax Increment the Department of Revenue shall for |
each period
subtract from the tax amounts received from |
retailers and servicemen on
transactions located in the State |
Sales Tax Boundary, the certified Initial
Sales Tax Amounts, |
Adjusted Initial Sales Tax Amounts or Revised Initial
Sales Tax |
Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
|
the Service Use Tax Act and the Service Occupation Tax Act. For |
the State
Fiscal Year 1989 this calculation shall be made by |
utilizing the calendar
year 1987 to determine the tax amounts |
received. For the State Fiscal Year
1990, this calculation |
shall be made by utilizing the period from January
1, 1988, |
until September 30, 1988, to determine the tax amounts received
|
from retailers and servicemen, which shall have deducted |
|
therefrom
nine-twelfths of the certified Initial Sales Tax |
Amounts, Adjusted Initial
Sales Tax Amounts or the Revised |
Initial Sales Tax Amounts as appropriate.
For the State Fiscal |
Year 1991, this calculation shall be made by utilizing
the |
period from October 1, 1988, until June 30, 1989, to determine |
the tax
amounts received from retailers and servicemen, which |
shall have
deducted therefrom nine-twelfths of the certified |
Initial State Sales Tax
Amounts, Adjusted Initial Sales Tax |
Amounts or the Revised Initial Sales
Tax Amounts as |
appropriate. For every State Fiscal Year thereafter, the
|
applicable period shall be the 12 months beginning July 1 and |
ending on
June 30, to determine the tax amounts received which |
shall have deducted
therefrom the certified Initial Sales Tax |
Amounts, Adjusted Initial Sales
Tax Amounts or the Revised |
Initial Sales Tax Amounts. Municipalities
intending to receive |
a distribution of State Sales Tax Increment must
report a list |
of retailers to the Department of Revenue by October 31, 1988
|
and by July 31, of each year thereafter.
|
(t) "Taxing districts" means counties, townships, cities |
and incorporated
towns and villages, school, road, park, |
sanitary, mosquito abatement, forest
preserve, public health, |
fire protection, river conservancy, tuberculosis
sanitarium |
and any other municipal corporations or districts with the |
power
to levy taxes.
|
(u) "Taxing districts' capital costs" means those costs of |
taxing districts
for capital improvements that are found by the |
|
municipal corporate authorities
to be necessary and directly |
result from the redevelopment project.
|
(v) As used in subsection (a) of Section 11-74.4-3 of this
|
Act, "vacant
land" means any parcel or combination of parcels |
of real property without
industrial, commercial, and |
residential buildings which has not been used
for commercial |
agricultural purposes within 5 years prior to the
designation |
of the redevelopment project area, unless the parcel
is |
included in an industrial park conservation area or the parcel |
has
been subdivided; provided that if the parcel was part of a |
larger tract that
has been divided into 3 or more smaller |
tracts that were accepted for
recording during the period from |
1950 to 1990, then the parcel shall be deemed
to have been |
subdivided, and all proceedings and actions of the municipality
|
taken in that connection with respect to any previously |
approved or designated
redevelopment project area or amended |
redevelopment project area are hereby
validated and hereby |
declared to be legally sufficient for all purposes of this
Act.
|
For purposes of this Section and only for land subject to
the |
subdivision requirements of the Plat Act, land is subdivided |
when the
original plat of
the proposed Redevelopment Project |
Area or relevant portion thereof has
been
properly certified, |
acknowledged, approved, and recorded or filed in accordance
|
with the Plat Act and a preliminary plat, if any, for any |
subsequent phases of
the
proposed Redevelopment Project Area or |
relevant portion thereof has been
properly approved and filed |
|
in accordance with the applicable ordinance of the
|
municipality.
|
(w) "Annual Total Increment" means the sum of each |
municipality's
annual Net Sales Tax Increment and each |
municipality's annual Net Utility
Tax 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.
|
(Source: P.A. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; |
93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-961, eff. |
1-1-05; 93-983, eff. 8-23-04; 93-984, eff. 8-23-04; 93-985, |
eff. 8-23-04; 93-986, eff. 8-23-04; 93-987, eff. 8-23-04; |
93-995, eff. 8-23-04; 93-1024, eff. 8-25-04; 93-1076, eff. |
1-18-05; 94-260, eff. 7-19-05; 94-268, eff. 7-19-05; 94-297, |
eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff. 6-1-06; |
94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff. |
5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, |
eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; |
94-1092, eff. 1-26-07; revised 1-30-07.)
|
(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; 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 shall not be expressed to mature
|
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 twenty-third
calendar year after the year |
in which the ordinance approving the redevelopment
project area |
is adopted if the ordinance was adopted on or after January 15,
|
1981, not 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 thirty-third calendar
year |
after the year in which the ordinance approving the
|
redevelopment project area if the ordinance was adopted on May |
20, 1985 by the Village of Wheeling, and not
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 thirty-fifth
calendar year after the year in which the |
ordinance approving the redevelopment
project area is adopted
|
(A) if the ordinance was adopted before January 15, 1981, or
|
(B) if the ordinance was adopted in December 1983, April 1984, |
July 1985,
or December 1989, or
(C) if the ordinance was |
adopted in December, 1987 and the redevelopment
project is |
located within one mile of Midway Airport, or
(D) if the |
ordinance was adopted before January 1, 1987 by a municipality |
|
in
Mason County, or
(E) if the municipality is subject to the |
Local Government Financial Planning
and Supervision Act or the |
Financially Distressed City Law, or
(F) if the ordinance was |
adopted in December 1984 by the Village of Rosemont,
or
(G) 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, or
(H) if the ordinance was |
adopted on October 5, 1982 by the City of Kankakee, or
(I) if |
the ordinance was adopted on December 29, 1986 by East St. |
Louis, or if
the ordinance was adopted on November 12, 1991 by |
the Village of Sauget, or
(J) if the ordinance was
adopted on |
February 11, 1985 by the City of Rock Island, or
(K) if the |
ordinance was adopted before December 18, 1986 by the City of
|
Moline, or
(L) if the ordinance was adopted in September 1988 |
by Sauk Village, or
(M) if the ordinance was adopted in October |
1993 by Sauk Village, or
(N) if the ordinance was adopted on |
December 29, 1986 by the City of Galva, or
(O) if the ordinance |
was adopted in March 1991 by the City of Centreville, or
(P) if |
the ordinance was adopted on January 23, 1991
by the City of |
East St. Louis, or
(Q) if the ordinance was adopted on December |
22, 1986 by the City of Aledo, or
(R) if the ordinance was |
|
adopted on February 5, 1990 by the City of Clinton, or
(S) if |
the ordinance was adopted on September 6, 1994 by the City of |
Freeport,
or
(T) if the ordinance was adopted on December 22, |
1986 by the City of Tuscola,
or
(U) if the ordinance was |
adopted on December 23, 1986 by the City of Sparta, or
(V) if |
the ordinance was adopted on December 23, 1986 by the City of
|
Beardstown, or
(W) if the ordinance was adopted on April 27, |
1981, October 21, 1985, or
December 30, 1986 by the City of |
Belleville, or
(X) if the ordinance was adopted on December 29, |
1986 by the City of
Collinsville, or (Y) if the ordinance was |
adopted on September 14, 1994 by the
City of Alton, or (Z) if |
the ordinance was adopted on November 11, 1996 by the
City of |
Lexington, or (AA) if the ordinance was adopted on November 5, |
1984 by
the City of LeRoy, or (BB) if the ordinance was adopted |
on April 3, 1991 or
June 3, 1992 by the City of Markham, or (CC) |
if the ordinance was adopted on November 11, 1986 by the City |
of Pekin, or (DD) if the ordinance was adopted on December 15, |
1981 by the City of Champaign, or (EE) if the ordinance was |
adopted on December 15, 1986 by the City of Urbana, or (FF) if |
the ordinance was adopted on December 15, 1986 by the Village |
of Heyworth, or (GG) if the ordinance was adopted on February |
24, 1992 by the Village of Heyworth, or (HH) if the ordinance |
was adopted on March 16, 1995 by the Village of Heyworth, or |
(II) if the ordinance was adopted on December 23, 1986 by the |
Town of Cicero, or (JJ) if the ordinance was adopted on |
December 30, 1986 by the City of Effingham, or (KK) if the |
|
ordinance was adopted on May 9, 1991 by the Village of
Tilton, |
or (LL) if the ordinance was adopted on October 20, 1986 by the |
City of Elmhurst, or (MM) if the ordinance was adopted on |
January 19, 1988 by the City of
Waukegan, or (NN) if the |
ordinance was adopted on September 21, 1998 by the City of
|
Waukegan, or (OO) if the ordinance was adopted on December 31, |
1986 by the City of Sullivan, or (PP) if the ordinance was |
adopted on December 23, 1991 by the City of Sullivan, or (QQ) |
if the ordinance was adopted on December 31, 1986 by the City |
of Oglesby, or (RR) if the ordinance was adopted on July 28, |
1987 by the City of Marion, or (SS) if the ordinance was |
adopted on April 23, 1990 by the City of Marion, or (TT) if the |
ordinance was adopted on August 20, 1985 by the Village of |
Mount Prospect, or (UU) if the ordinance was adopted on |
February 2, 1998 by the Village of Woodhull, or (VV) if the |
ordinance was adopted on April 20, 1993 by the Village of |
Princeville, or (WW)
(VV) if the ordinance was adopted on July |
1, 1986 by the City of Granite City, or (XX)
(RR) if the |
ordinance was adopted on February 2, 1989 by the Village of |
Lombard, or (YY)
(VV) if the ordinance was adopted on December |
29, 1986 by the Village of Gardner, or (ZZ)
(VV) if the |
ordinance was adopted on July 14, 1999 by the Village of Paw |
Paw, or (AAA)
(VV) if the ordinance was adopted on November 17, |
1986 by the Village of Franklin Park, , or (BBB)
(VV) if the |
ordinance was adopted on November 20, 1989 by the Village of |
South Holland , or (CCC) if the ordinance was adopted on |
|
December 30, 1986 by the Village of Manteno, or (DDD) if the |
ordinance was adopted on April 3, 1989 by the City of Chicago |
Heights, or (EEE) if the ordinance was adopted on January 6, |
1999 by the Village of Rosemont, or (FFF) if the ordinance was |
adopted on December 19, 2000 by the Village of Stone Park and, |
for redevelopment
project areas for which bonds were issued
|
before July
29, 1991, in connection with a redevelopment |
project in the area within the
State Sales Tax Boundary and |
which were extended by municipal ordinance under
subsection (n) |
of Section 11-74.4-3, the last maturity of the refunding
|
obligations shall not be expressed to mature later than the |
date on which the
redevelopment project area is terminated or |
December 31, 2013, whichever date
occurs first.
|
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. 93-298, eff. 7-23-03; 93-708, eff. 1-1-05; |
|
93-747, eff. 7-15-04; 93-924, eff. 8-12-04; 93-983, eff. |
8-23-04; 93-984, eff. 8-23-04; 93-985, eff. 8-23-04; 93-986, |
eff. 8-23-04; 93-987, eff. 8-23-04; 93-995, eff. 8-23-04; |
93-1024, eff. 8-25-04; 93-1076, eff. 1-18-05; 94-260, eff. |
7-19-05; 94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, |
eff. 6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, |
eff. 5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; |
94-810, eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. |
1-26-07; 94-1092, eff. 1-26-07; revised 1-30-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |