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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The County Economic Development Project Area | ||||||
5 | Property
Tax Allocation Act is amended by changing Sections 3, | ||||||
6 | 4, and 5 as follows: | ||||||
7 | (55 ILCS 85/3) (from Ch. 34, par. 7003) | ||||||
8 | Sec. 3. Definitions. In this Act, words or terms shall have | ||||||
9 | the
following meanings unless the context usage clearly | ||||||
10 | indicates that another
meaning is intended. | ||||||
11 | (a) "Department" means the Department of Commerce and | ||||||
12 | Economic Opportunity. | ||||||
13 | (b) "Economic development plan" means the written plan of a | ||||||
14 | county which
sets forth an economic development program for an | ||||||
15 | economic development
project area. Each economic development | ||||||
16 | plan shall include but not be
limited to (1) estimated economic | ||||||
17 | development project costs, (2) the
sources of funds to pay such | ||||||
18 | costs, (3) the nature and term of any
obligations to be issued | ||||||
19 | by the county to pay such costs, (4) the most
recent equalized | ||||||
20 | assessed valuation of the economic development project
area, | ||||||
21 | (5) an estimate of the equalized assessed valuation of the | ||||||
22 | economic
development project area after completion of the | ||||||
23 | economic development plan,
(6) the estimated date of completion |
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1 | of any economic development
project proposed to be undertaken, | ||||||
2 | (7) a general description of any
proposed developer, user, or | ||||||
3 | tenant of any property to be located or
improved within the | ||||||
4 | economic development project area, (8) a description of
the | ||||||
5 | type, structure and general character of the facilities to be | ||||||
6 | developed
or improved in the economic development project area, | ||||||
7 | (9) a description of
the general land uses to apply in the | ||||||
8 | economic development project area,
(10) a description of the | ||||||
9 | type, class and number of employees to be
employed in the | ||||||
10 | operation of the facilities to be developed or improved in
the | ||||||
11 | economic development project area and (11) a commitment by the | ||||||
12 | county
to fair employment practices and an affirmative action | ||||||
13 | plan with respect to
any economic development program to be | ||||||
14 | undertaken by the county. The economic development plan for an | ||||||
15 | economic development project area authorized by subsection | ||||||
16 | (a-15) of Section 4 of this Act must additionally include (1) | ||||||
17 | evidence indicating that the redevelopment project area on the | ||||||
18 | whole has not been subject to growth and development through | ||||||
19 | investment by private enterprise and is not reasonably expected | ||||||
20 | to be subject to such growth and development without the | ||||||
21 | assistance provided through the implementation of the economic | ||||||
22 | development plan and (2) evidence that portions of the economic | ||||||
23 | development project area have incurred Illinois Environmental | ||||||
24 | Protection Agency or United States Environmental Protection | ||||||
25 | Agency remediation costs for, or a study conducted by an | ||||||
26 | independent consultant recognized as having expertise in |
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1 | environmental remediation has determined a need for, the | ||||||
2 | clean-up of hazardous waste, hazardous substances, or | ||||||
3 | underground storage tanks required by State or federal law, | ||||||
4 | provided that the remediation costs constitute a material | ||||||
5 | impediment to the development or redevelopment of the project | ||||||
6 | area. | ||||||
7 | (c) "Economic development project" means any development | ||||||
8 | project in
furtherance of the objectives of this Act. | ||||||
9 | (d) "Economic development project area" means any improved | ||||||
10 | or vacant
area which is located within the corporate limits of | ||||||
11 | a county and which (1)
is within the unincorporated area of | ||||||
12 | such county, or, with the consent of
any affected municipality, | ||||||
13 | is located partially within the unincorporated
area of such | ||||||
14 | county and partially within one or more municipalities, (2) is
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15 | contiguous, (3) is not less in the aggregate than 100 acres | ||||||
16 | and, for an economic development project area authorized by | ||||||
17 | subsection (a-15) of Section 4 of this Act, not more than 2,000 | ||||||
18 | acres , (4) is
suitable for siting by any commercial, | ||||||
19 | manufacturing, industrial, research
or transportation | ||||||
20 | enterprise of facilities to include but not be limited to
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21 | commercial businesses, offices, factories, mills, processing | ||||||
22 | plants,
assembly plants, packing plants, fabricating plants, | ||||||
23 | industrial or
commercial distribution centers, warehouses, | ||||||
24 | repair overhaul or service
facilities, freight terminals, | ||||||
25 | research facilities, test facilities or
transportation | ||||||
26 | facilities, whether or not such area has been used at any
time |
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1 | for such facilities and whether or not the area has been used | ||||||
2 | or is
suitable for such facilities and whether or not the area | ||||||
3 | has been used or
is suitable for other uses, including | ||||||
4 | commercial agricultural purposes, and
(5) which has been | ||||||
5 | certified by the Department pursuant to this Act. | ||||||
6 | (e) "Economic development project costs" means and | ||||||
7 | includes the sum
total of all reasonable or necessary costs | ||||||
8 | incurred by a county incidental
to an economic development | ||||||
9 | project, including, without limitation, the
following: | ||||||
10 | (1) Costs of studies, surveys, development of plans and | ||||||
11 | specifications,
implementation and administration of an | ||||||
12 | economic development plan,
personnel and professional | ||||||
13 | service costs for architectural, engineering,
legal, | ||||||
14 | marketing, financial, planning, sheriff, fire, public | ||||||
15 | works or other
services, provided that no charges for | ||||||
16 | professional services may be based
on a percentage of | ||||||
17 | incremental tax revenue; | ||||||
18 | (2) Property assembly costs within an economic | ||||||
19 | development project area,
including but not limited to | ||||||
20 | acquisition of land and other real or personal
property or | ||||||
21 | rights or interests therein, and specifically including | ||||||
22 | payments
to developers or other non-governmental persons | ||||||
23 | as reimbursement for property
assembly costs incurred by | ||||||
24 | such developer or other non-governmental person; | ||||||
25 | (3) Site preparation costs, including but not limited | ||||||
26 | to clearance of
any area within an economic development |
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1 | project area by demolition or
removal of any existing | ||||||
2 | buildings, structures, fixtures, utilities and
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3 | improvements and clearing and grading; site improvement | ||||||
4 | addressing ground level or below ground environmental | ||||||
5 | contamination; and including installation, repair,
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6 | construction, reconstruction, or relocation of public | ||||||
7 | streets, public
utilities, and other public site | ||||||
8 | improvements within or without an economic
development | ||||||
9 | project area which are essential to the preparation of the
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10 | economic development project area for use in accordance | ||||||
11 | with an economic
development plan; and specifically | ||||||
12 | including payments to developers or
other non-governmental | ||||||
13 | persons as reimbursement for site preparation costs
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14 | incurred by such developer or non-governmental person; | ||||||
15 | (4) Costs of renovation, rehabilitation, | ||||||
16 | reconstruction, relocation,
repair or remodeling of any | ||||||
17 | existing buildings, improvements, and fixtures
within an | ||||||
18 | economic development project area, and specifically | ||||||
19 | including
payments to developers or other non-governmental | ||||||
20 | persons as reimbursement
for such costs incurred by such | ||||||
21 | developer or non-governmental person; | ||||||
22 | (5) Costs of construction within an economic | ||||||
23 | development project area of
public improvements, including | ||||||
24 | but not limited to, buildings, structures,
works, | ||||||
25 | improvements, utilities or fixtures; | ||||||
26 | (6) Financing costs, including but not limited to all |
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1 | necessary and
incidental expenses related to the issuance | ||||||
2 | of obligations, payment of any
interest on any obligations | ||||||
3 | issued hereunder which accrues during the
estimated period | ||||||
4 | of construction of any economic development project for
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5 | which such obligations are issued and for not exceeding 36 | ||||||
6 | months
thereafter, and any reasonable reserves related to | ||||||
7 | the issuance of such
obligations; | ||||||
8 | (7) All or a portion of a taxing district's capital | ||||||
9 | costs resulting from
an economic development project | ||||||
10 | necessarily incurred or estimated to be
incurred by a | ||||||
11 | taxing district in the furtherance of the objectives of an
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12 | economic development project, to the extent that the county | ||||||
13 | by written
agreement accepts, approves and agrees to incur | ||||||
14 | or to reimburse such costs; | ||||||
15 | (8) Relocation costs to the extent that a county | ||||||
16 | determines that
relocation costs shall be paid or is | ||||||
17 | required to make payment of relocation
costs by federal or | ||||||
18 | State law; | ||||||
19 | (9) The estimated tax revenues from real property in an | ||||||
20 | economic
development project area acquired by a county | ||||||
21 | which, according to the
economic development plan, is to be | ||||||
22 | used for a private use and which any
taxing district would | ||||||
23 | have received had the county not adopted property tax
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24 | allocation financing for an economic development project | ||||||
25 | area and
which would result from such taxing district's | ||||||
26 | levies made after the time
of the adoption by the county of |
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1 | property tax allocation financing to the
time the current | ||||||
2 | equalized assessed value of real property in the economic
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3 | development project area exceeds the total initial | ||||||
4 | equalized value of real
property in that area; | ||||||
5 | (10) Costs of rebating ad valorem taxes paid by any | ||||||
6 | developer or other
nongovernmental person in whose name the | ||||||
7 | general taxes were paid for the
last preceding year on any | ||||||
8 | lot, block, tract or parcel of land in the
economic | ||||||
9 | development project area, provided that: | ||||||
10 | (i) such economic development project area is | ||||||
11 | located in an enterprise
zone created pursuant to the | ||||||
12 | Illinois Enterprise Zone Act; | ||||||
13 | (ii) such ad valorem taxes shall be rebated only in | ||||||
14 | such amounts and for
such tax year or years as the | ||||||
15 | county and any one or more affected taxing
districts | ||||||
16 | shall have agreed by prior written agreement; | ||||||
17 | (iii) any amount of rebate of taxes shall not | ||||||
18 | exceed the portion, if
any, of taxes levied by the | ||||||
19 | county or such taxing district or districts
which is | ||||||
20 | attributable to the increase in the current equalized | ||||||
21 | assessed
valuation of each taxable lot, block, tract or | ||||||
22 | parcel of real property in
the economic development | ||||||
23 | project area over and above the initial equalized
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24 | assessed value of each property existing at the time | ||||||
25 | property tax allocation
financing was adopted for said | ||||||
26 | economic development project area; and |
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1 | (iv) costs of rebating ad valorem taxes shall be | ||||||
2 | paid by a county solely
from the special tax allocation | ||||||
3 | fund established pursuant to this Act and
shall be paid | ||||||
4 | from the proceeds of any obligations issued by a | ||||||
5 | county. | ||||||
6 | (11) Costs of job training, advanced vocational | ||||||
7 | education or career
education programs, including but not | ||||||
8 | limited to courses in occupational,
semi-technical or | ||||||
9 | technical fields leading directly to employment, incurred
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10 | by one or more taxing districts, provided that such costs | ||||||
11 | are related to
the establishment and maintenance of | ||||||
12 | additional job training, advanced
vocational education or | ||||||
13 | career education programs for persons employed or
to be | ||||||
14 | employed by employers located in an economic development | ||||||
15 | project
area, and further provided, that when such costs | ||||||
16 | are incurred by a taxing
district or taxing districts other | ||||||
17 | than the county, they shall be set forth
in a written | ||||||
18 | agreement by or among the county and the taxing district
or | ||||||
19 | taxing districts, which agreement describes the program to | ||||||
20 | be
undertaken, including, but not limited to, the number of | ||||||
21 | employees to be
trained, a description of the training and | ||||||
22 | services to be provided, the
number and type of positions | ||||||
23 | available or to be available, itemized costs
of the program | ||||||
24 | and sources of funds to pay the same, and the term of the
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25 | agreement. Such costs include, specifically, the payment | ||||||
26 | by community
college districts of costs pursuant to Section |
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1 | 3-37, 3-38, 3-40 and 3-40.1
of the Public Community College | ||||||
2 | Act and by school districts of costs
pursuant to Sections | ||||||
3 | 10-22.20 and 10-23.3a of the School Code; | ||||||
4 | (12) Private financing costs incurred by developers or | ||||||
5 | other
non-governmental persons in connection with an | ||||||
6 | economic development
project, and specifically including | ||||||
7 | payments to developers or other
non-governmental persons | ||||||
8 | as reimbursement for such costs incurred by such
developer | ||||||
9 | or other non-governmental persons provided that: | ||||||
10 | (A) private financing costs shall be paid or | ||||||
11 | reimbursed by a county only
pursuant to the prior | ||||||
12 | official action of the county evidencing an intent to
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13 | pay such private financing costs; | ||||||
14 | (B) except as provided in subparagraph (D) of this | ||||||
15 | Section, the
aggregate amount of such costs paid or | ||||||
16 | reimbursed by a county in any one
year shall not exceed | ||||||
17 | 30% of such costs paid or incurred by such developer
or | ||||||
18 | other non-governmental person in that year; | ||||||
19 | (C) private financing costs shall be paid or | ||||||
20 | reimbursed by a county
solely from the special tax | ||||||
21 | allocation fund established pursuant to this
Act and | ||||||
22 | shall not be paid or reimbursed from the proceeds of | ||||||
23 | any
obligations issued by a county; | ||||||
24 | (D) if there are not sufficient funds available in | ||||||
25 | the special tax
allocation fund in any year to make | ||||||
26 | such payment or reimbursement in full,
any amount of |
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1 | such private financing costs remaining to be paid or
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2 | reimbursed by a county shall accrue and be payable when | ||||||
3 | funds are available
in the special tax allocation fund | ||||||
4 | to make such payment; and | ||||||
5 | (E) in connection with its approval and | ||||||
6 | certification of an economic
development project | ||||||
7 | pursuant to Section 5 of this Act, the Department shall
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8 | review any agreement authorizing the payment or | ||||||
9 | reimbursement by a county
of private financing costs in | ||||||
10 | its consideration of the impact on the
revenues of the | ||||||
11 | county and the affected taxing districts of the use of
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12 | property tax allocation financing. | ||||||
13 | (f) "Obligations" means any instrument evidencing the | ||||||
14 | obligation of a
county to pay money, including without | ||||||
15 | limitation, bonds, notes,
installment or financing contracts, | ||||||
16 | certificates, tax anticipation warrants
or notes, vouchers, | ||||||
17 | and any other evidence of indebtedness. | ||||||
18 | (g) "Taxing districts" means municipalities, townships, | ||||||
19 | counties, and
school, road, park, sanitary, mosquito | ||||||
20 | abatement, forest preserve, public
health, fire protection, | ||||||
21 | river conservancy, tuberculosis sanitarium and any
other | ||||||
22 | county corporations or districts with the power to levy taxes | ||||||
23 | on
real property. | ||||||
24 | (Source: P.A. 94-793, eff. 5-19-06.) | ||||||
25 | (55 ILCS 85/4) (from Ch. 34, par. 7004) |
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1 | Sec. 4. Establishment of economic development project | ||||||
2 | area;
ordinance; joint review board; notice; hearing; changes | ||||||
3 | in economic
development plan; annual reporting requirements. | ||||||
4 | Economic development
project areas shall be established as | ||||||
5 | follows: | ||||||
6 | (a)
The corporate authorities of Whiteside County may by | ||||||
7 | ordinance propose the establishment of an economic
development | ||||||
8 | project area and fix a time and place for a public hearing, and
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9 | shall submit a certified copy of the ordinance as adopted to | ||||||
10 | the Department. | ||||||
11 | (a-5) After the effective date of this amendatory Act of | ||||||
12 | the 93rd General Assembly, the corporate authorities of | ||||||
13 | Stephenson County may by ordinance propose the establishment of | ||||||
14 | an economic development project area and fix a time and place | ||||||
15 | for a public hearing, and shall submit a certified copy of the | ||||||
16 | ordinance as adopted to the Department.
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17 | (a-10) The corporate authorities of Grundy County may, by | ||||||
18 | ordinance, propose the establishment of an economic | ||||||
19 | development project and fix a time and place for a public | ||||||
20 | hearing. Upon passage of the ordinance, the corporate | ||||||
21 | authorities of Grundy County shall submit a certified copy of | ||||||
22 | the ordinance, as adopted, to the Department.
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23 | (a-15) For a period of 2 years beginning on the effective | ||||||
24 | date of this amendatory Act of the 96th General Assembly, the | ||||||
25 | corporate authorities of Grundy County may, by ordinance, | ||||||
26 | propose the establishment of an economic development project |
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1 | and fix a time and place for a public hearing. Upon passage of | ||||||
2 | the ordinance, the corporate authorities of Grundy County shall | ||||||
3 | submit a certified copy of the ordinance, as adopted, to the | ||||||
4 | Department. | ||||||
5 | (b) Any county which adopts an ordinance which fixes a | ||||||
6 | date, time and
place for a public hearing shall convene a joint | ||||||
7 | review board as
hereinafter provided. Not less than 45 days | ||||||
8 | prior to the date fixed for
the public hearing, the county | ||||||
9 | shall give notice by mailing to the chief
executive officer of | ||||||
10 | each affected taxing district having taxable property
included | ||||||
11 | in the proposed economic development project area and, if the | ||||||
12 | ordinance is adopted by Stephenson County, the chief executive | ||||||
13 | officer of any municipality within Stephenson County having a | ||||||
14 | population of more than 20,000 that such chief
executive | ||||||
15 | officer or his designee is invited to participate in a joint
| ||||||
16 | review board. The designee shall serve at the discretion of the | ||||||
17 | chief
executive officer of the taxing district for a term not | ||||||
18 | to exceed 2 years.
Such notice shall advise each chief | ||||||
19 | executive officer of the date, time and
place of the first | ||||||
20 | meeting of such joint review board, which shall occur
not less | ||||||
21 | than 30 days prior to the date of the public hearing. Such | ||||||
22 | notice
by mail shall be given by depositing such notice in the | ||||||
23 | United States
Postal Service by certified mail. | ||||||
24 | At or prior to the first meeting of such joint review board | ||||||
25 | the county
shall furnish to any member of such joint review | ||||||
26 | board copies of the
proposed economic development plan and any |
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1 | related documents which such
member shall reasonably request. A | ||||||
2 | majority of the members of such joint
review board present at | ||||||
3 | any meeting shall constitute a quorum. Additional
meetings may | ||||||
4 | be called by any member of a joint review board upon the
giving | ||||||
5 | of notice not less than 72 hours prior to the date of any | ||||||
6 | additional
meeting to all members of the joint review board. | ||||||
7 | The joint review board
shall review such information and | ||||||
8 | material as its members reasonably deem
relevant to the | ||||||
9 | county's proposals to approve economic development plans
and | ||||||
10 | economic development projects and to designate economic | ||||||
11 | development
project areas. The county shall provide such | ||||||
12 | information and material
promptly upon the request of the joint | ||||||
13 | review board and may also provide
administrative support and | ||||||
14 | facilities as the joint review board may
reasonably require. | ||||||
15 | Within 30 days of its first meeting, a joint review board | ||||||
16 | shall provide
the county with a written report of its review of | ||||||
17 | any proposal to approve
an economic development plan and | ||||||
18 | economic development project and to
designate an economic | ||||||
19 | development project area. Such written report shall
include | ||||||
20 | such information and advisory, nonbinding recommendations as a
| ||||||
21 | majority of the members of the joint review board shall deem | ||||||
22 | relevant.
Written reports of joint review boards may include | ||||||
23 | information and
advisory, nonbinding recommendations provided | ||||||
24 | by a minority of the members
thereof. Any joint review board | ||||||
25 | which does not provide such written report
within such 30-day | ||||||
26 | period shall be deemed to have recommended that the
county |
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1 | proceed with a proposal to approve an economic development plan | ||||||
2 | and
economic development project and to designate an economic | ||||||
3 | development
project area. | ||||||
4 | (c) Notice of the public hearing shall be given by | ||||||
5 | publication and
mailing. | ||||||
6 | (1) Notice by publication shall be given by publication | ||||||
7 | at least
twice, the first publication to be not more than | ||||||
8 | 30 nor less than 10 days
prior to the hearing in a | ||||||
9 | newspaper of general circulation within the
taxing | ||||||
10 | districts having property in the proposed economic | ||||||
11 | development
project area. Notice by mailing shall be given | ||||||
12 | by depositing such notice
together with a copy of the | ||||||
13 | proposed economic development plan in the
United States | ||||||
14 | Postal Service by certified mail addressed to the person or
| ||||||
15 | persons in whose name the general taxes for the last | ||||||
16 | preceding year were
paid on each lot, block, tract, or | ||||||
17 | parcel of land lying within the proposed
economic | ||||||
18 | development project area. The notice shall be mailed not | ||||||
19 | less
than 10 days prior to the dates set for the public | ||||||
20 | hearing. In the event
taxes for the last preceding year | ||||||
21 | were not paid, the notice shall also be
sent to the persons | ||||||
22 | last listed on the tax rolls within the preceding 3
years | ||||||
23 | as the owners of the property. | ||||||
24 | (2) The notices issued pursuant to this Section shall | ||||||
25 | include the
following: | ||||||
26 | (A) The time and place of public hearing; |
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1 | (B) The boundaries of the proposed economic | ||||||
2 | development project area
by legal description and by | ||||||
3 | street location where possible; | ||||||
4 | (C) A notification that all interested persons | ||||||
5 | will be given an
opportunity to be heard at the public | ||||||
6 | hearing; | ||||||
7 | (D) An invitation for any person to submit | ||||||
8 | alternative proposals or bids
for any proposed | ||||||
9 | conveyance, lease, mortgage or other disposition of | ||||||
10 | land
within the proposed economic development project | ||||||
11 | area; | ||||||
12 | (E) A description of the economic development plan | ||||||
13 | or economic
development project if a plan or project is | ||||||
14 | a subject matter of the
hearing; and | ||||||
15 | (F) Such other matters as the county may deem | ||||||
16 | appropriate. | ||||||
17 | (3) Not less than 45 days prior to the date set for | ||||||
18 | hearing, the county
shall give notice by mail as provided | ||||||
19 | in this subsection (c) to all taxing
districts of which | ||||||
20 | taxable property is included in the economic development
| ||||||
21 | project area, and to the Department. In addition to the | ||||||
22 | other requirements
under this subsection (c), the notice | ||||||
23 | shall include an invitation to the
Department and each | ||||||
24 | taxing district to submit comments to the county
concerning | ||||||
25 | the subject matter of the hearing prior to the date of the | ||||||
26 | hearing. |
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1 | (d) At the public hearing any interested person, the | ||||||
2 | Department or any
affected taxing district may file written | ||||||
3 | objections with the county clerk
and may be heard orally with | ||||||
4 | respect to any issues embodied in the notice.
The county shall | ||||||
5 | hear and determine all alternate proposals or bids for any
| ||||||
6 | proposed conveyance, lease, mortgage or other disposition of | ||||||
7 | land and all
protests and objections at the hearing, and the | ||||||
8 | hearing may be adjourned to
another date without further notice | ||||||
9 | other than a motion to be entered upon
the minutes fixing the | ||||||
10 | time and place of the adjourned hearing. Public
hearings with | ||||||
11 | regard to an economic development plan, economic development
| ||||||
12 | project area, or economic development project may be held | ||||||
13 | simultaneously. | ||||||
14 | (e) At the public hearing, or at any time prior to the | ||||||
15 | adoption by the
county of an ordinance approving an economic | ||||||
16 | development plan, the county
may make changes in the economic | ||||||
17 | development plan. Changes which (1) alter
the exterior | ||||||
18 | boundaries of the proposed economic development project area,
| ||||||
19 | (2) substantially affect the general land uses established in | ||||||
20 | the proposed
economic development plan, (3) substantially | ||||||
21 | change the nature of the
proposed economic development plan, | ||||||
22 | (4) change the general description
of any proposed developer, | ||||||
23 | user or tenant of any property to be located or
improved within | ||||||
24 | the economic development project area, or (5) change the
| ||||||
25 | description of the type, class and number of employees to be | ||||||
26 | employed in
the operation of the facilities to be developed or |
| |||||||
| |||||||
1 | improved within the
economic development project area shall be | ||||||
2 | made only after review by joint
review board, notice and | ||||||
3 | hearing pursuant to the procedures set forth in
this Section. | ||||||
4 | Changes which do not (1) alter the exterior boundaries of a
| ||||||
5 | proposed economic development project area, (2) substantially | ||||||
6 | affect the
general land uses established in the proposed plan, | ||||||
7 | (3) substantially
change the nature of the proposed economic | ||||||
8 | development plan, (4) change the
general description of any | ||||||
9 | proposed developer, user or tenant of any
property to be | ||||||
10 | located or improved within the economic development project
| ||||||
11 | area, or (5) change the description of the type, class and | ||||||
12 | number of
employees to be employed in the operation of the | ||||||
13 | facilities to be developed
or improved within the economic | ||||||
14 | development project area may be made
without further notice or | ||||||
15 | hearing, provided that the county shall give
notice of its | ||||||
16 | changes by mail to the Department and to each affected taxing
| ||||||
17 | district and by publication in a newspaper or newspapers of | ||||||
18 | general
circulation with the affected taxing districts. Such | ||||||
19 | notice by mail and by
publication shall each occur not later | ||||||
20 | than 10 days following the adoption
by ordinance of such | ||||||
21 | changes. | ||||||
22 | (f) At any time within 90 days of the final adjournment
of | ||||||
23 | the public hearing, a county may, by ordinance, approve the | ||||||
24 | economic
development plan, establish the economic development | ||||||
25 | project area, and
authorize property tax allocation financing | ||||||
26 | for such economic development
project area. |
| |||||||
| |||||||
1 | Any ordinance adopted by Whiteside County which approves | ||||||
2 | the economic
development plan shall contain findings that the | ||||||
3 | economic development
project is reasonably expected to create | ||||||
4 | or retain not less than 500
full-time equivalent jobs, that | ||||||
5 | private investment in an amount not less
than $25,000,000 is | ||||||
6 | reasonably expected to occur in the
economic
development | ||||||
7 | project area, that the economic development project will
| ||||||
8 | encourage the increase of commerce and industry within the | ||||||
9 | State, thereby
reducing the evils attendant upon unemployment | ||||||
10 | and increasing opportunities
for personal income, and that the | ||||||
11 | economic development project will
increase or maintain the | ||||||
12 | property, sales and income tax bases of the county
and of the | ||||||
13 | State.
| ||||||
14 | Any ordinance adopted by Grundy County that approves an the | ||||||
15 | economic
development plan shall contain findings that the | ||||||
16 | economic development
project is reasonably expected to create | ||||||
17 | or retain not less than 250
full-time equivalent jobs, that | ||||||
18 | private investment in an amount not less
than $50,000,000 is | ||||||
19 | reasonably expected to occur in the
economic
development | ||||||
20 | project area, that the economic development project will
| ||||||
21 | encourage the increase of commerce and industry within the | ||||||
22 | State, thereby
reducing the evils attendant upon unemployment | ||||||
23 | and increasing opportunities
for personal income, and that the | ||||||
24 | economic development project will
increase or maintain the | ||||||
25 | property, sales, and income tax bases of the county
and of the | ||||||
26 | State.
|
| |||||||
| |||||||
1 | Any ordinance adopted by Stephenson County that approves an | ||||||
2 | economic development plan shall contain findings that (i) the | ||||||
3 | economic development project is reasonably expected to create | ||||||
4 | or retain not less than 500 full-time equivalent jobs; (ii) | ||||||
5 | private investment in an amount not less than $10,000,000 is | ||||||
6 | reasonably expected to occur in the economic development area; | ||||||
7 | (iii) the economic development project will encourage the | ||||||
8 | increase of commerce and industry within the State, thereby | ||||||
9 | reducing the evils attendant upon unemployment and increasing | ||||||
10 | opportunities for personal income; and (iv) the economic | ||||||
11 | development project will increase or maintain the property, | ||||||
12 | sales, and income tax bases of the county and of the State. | ||||||
13 | Before the economic development project area is established by | ||||||
14 | Stephenson County, the following additional conditions must be | ||||||
15 | included in an intergovernmental agreement approved by both the | ||||||
16 | Stephenson County Board and the corporate authorities of the | ||||||
17 | City of Freeport: (i) the corporate authorities of the City of | ||||||
18 | Freeport must concur by resolution with the findings of | ||||||
19 | Stephenson County; (ii) both the corporate authorities of the | ||||||
20 | City of Freeport and the Stephenson County Board shall approve | ||||||
21 | any and all economic or redevelopment agreements and incentives | ||||||
22 | for any economic development project within the economic | ||||||
23 | development area; (iii) any economic development project that | ||||||
24 | receives funds under this Act, except for any economic | ||||||
25 | development project specifically excluded from annexation in | ||||||
26 | the provisions of the intergovernmental agreement, shall agree |
| |||||||
| |||||||
1 | to and must enter into an annexation agreement with the City of | ||||||
2 | Freeport to annex property included in the economic development | ||||||
3 | project area to the City of Freeport at the first point in time | ||||||
4 | that the property becomes contiguous to the City of Freeport; | ||||||
5 | (iv) the local share of all State occupation and use taxes | ||||||
6 | allocable to the City of Freeport and Stephenson County and | ||||||
7 | derived from commercial projects within the economic | ||||||
8 | development project area shall be equally shared by and between | ||||||
9 | the City of Freeport and Stephenson County for the duration of | ||||||
10 | the economic development project; and (v) any development in | ||||||
11 | the economic development project area shall be built in | ||||||
12 | accordance with the building and related codes of both the City | ||||||
13 | of Freeport and Stephenson County and the City of Freeport | ||||||
14 | shall approve all provisions for water and sewer service.
| ||||||
15 | The ordinance shall also state that the economic | ||||||
16 | development project area
shall not include parcels to be used | ||||||
17 | for purposes of residential
development.
Any ordinance adopted | ||||||
18 | which establishes an economic
development project area shall | ||||||
19 | contain the boundaries of such area by legal
description and, | ||||||
20 | where possible, by street location. Any ordinance adopted
which | ||||||
21 | authorizes property tax allocation financing shall provide | ||||||
22 | that the
ad valorem taxes, if any, arising from the levies upon | ||||||
23 | taxable real
property in such economic development project area | ||||||
24 | by taxing districts and
tax rates determined in the manner | ||||||
25 | provided in subsection (b) of Section 6
of this Act each year | ||||||
26 | after the effective date of the ordinance until
economic |
| |||||||
| |||||||
1 | development project costs and all county obligations financing
| ||||||
2 | economic development project costs incurred under this Act have | ||||||
3 | been paid
shall be divided as follows: | ||||||
4 | (1) That portion of taxes levied upon each taxable lot, | ||||||
5 | block, tract or
parcel of real property which is | ||||||
6 | attributable to the lower of the current
equalized assessed | ||||||
7 | value or the initial equalized assessed value of each
such | ||||||
8 | taxable lot, block, tract or parcel of real property in the | ||||||
9 | economic
development project area shall be allocated to, | ||||||
10 | and when collected, shall
be paid by the county collector | ||||||
11 | to the respective affected taxing districts
in the manner | ||||||
12 | required by law in the absence of the adoption of property | ||||||
13 | tax
allocation financing. | ||||||
14 | (2) That portion, if any, of such taxes which is | ||||||
15 | attributable to the
increase in the current equalized | ||||||
16 | assessed valuation of each taxable lot,
block, tract or | ||||||
17 | parcel of real property in the economic development project
| ||||||
18 | area over and above the initial equalized assessed value of | ||||||
19 | each property
in the economic development project area | ||||||
20 | shall be allocated to and when
collected shall be paid to | ||||||
21 | the county treasurer who shall deposit those
taxes into a | ||||||
22 | special fund called the special tax allocation fund of the
| ||||||
23 | county for the purpose of paying economic development | ||||||
24 | project costs and
obligations incurred in the payment | ||||||
25 | thereof. | ||||||
26 | (g) After a county has by ordinance approved an economic |
| |||||||
| |||||||
1 | development plan
and established an economic development | ||||||
2 | project area, the plan may be
amended and the boundaries of the | ||||||
3 | area may be altered only as herein
provided. Amendments which | ||||||
4 | (1) alter the exterior boundaries of an
economic development | ||||||
5 | project area, (2) substantially affect the general
land uses | ||||||
6 | established pursuant to the economic development plan, (3)
| ||||||
7 | substantially change the nature of the economic development | ||||||
8 | plan, (4)
change the general description of any proposed | ||||||
9 | developer, user, or tenant
of any property to be located or | ||||||
10 | improved within the economic development
project area, or (5) | ||||||
11 | change the description of the type, class and number
of | ||||||
12 | employees to be employed in the operation of the facilities to | ||||||
13 | be
developed or improved shall be made only after review by a | ||||||
14 | joint review
board, notice and hearing pursuant to the | ||||||
15 | procedures set forth in this
Section. Amendments which do not | ||||||
16 | (1) alter the exterior boundaries of an
economic development | ||||||
17 | project area, (2) substantially affect the general
land uses | ||||||
18 | established in the economic development plan, (3) | ||||||
19 | substantially
change the nature of the economic development | ||||||
20 | plan, (4) change the
description of any proposed developer, | ||||||
21 | user, or tenant of any property to
be located or improved | ||||||
22 | within the economic development project area, or (5)
change the | ||||||
23 | description of the type, class and number of employees to be
| ||||||
24 | employed in the operation of the facilities to be developed or | ||||||
25 | improved
within the economic development project area may be | ||||||
26 | made without further
hearing or notice, provided that the |
| |||||||
| |||||||
1 | county shall give notice of any
amendment by mail to the | ||||||
2 | Department and to each taxing district and by
publication in a | ||||||
3 | newspaper or newspapers of general circulation within the
| ||||||
4 | affected taxing districts. Such notices by mail and by | ||||||
5 | publication shall
each occur not later than 10 days following | ||||||
6 | the adoption by ordinance of
such amendments. | ||||||
7 | (h) After the adoption of an ordinance adopting property | ||||||
8 | tax allocation
financing for an economic development project | ||||||
9 | area, the county
shall annually report to each taxing district | ||||||
10 | having taxable property
within such economic development | ||||||
11 | project area (i) any increase or decrease
in the equalized | ||||||
12 | assessed value of the real property located within such
| ||||||
13 | economic development project area above or below the initial | ||||||
14 | equalized
assessed value of such real property, (ii) that | ||||||
15 | portion, if any, of the ad
valorem taxes arising from the | ||||||
16 | levies upon taxable real property in such
economic development | ||||||
17 | project area by the taxing districts which is
attributable to | ||||||
18 | the increase in the current equalized assessed valuation of
| ||||||
19 | each lot, block, tract or parcel of real property in the | ||||||
20 | economic
development project area over and above the initial | ||||||
21 | equalized value of each
property and which has been allocated | ||||||
22 | to the county in the current year,
and (iii) such other | ||||||
23 | information as the county may deem relevant. | ||||||
24 | (i) The county shall give notice by mail as provided in | ||||||
25 | this Section and
shall reconvene the joint review board not | ||||||
26 | less than annually for each of
the 2 years following its |
| |||||||
| |||||||
1 | adoption of an ordinance adopting property tax
allocation | ||||||
2 | financing for an economic development project area and not less
| ||||||
3 | than once in each 3-year period thereafter. The county shall | ||||||
4 | provide such
information, and may provide administrative | ||||||
5 | support and facilities as the
joint review board may reasonably | ||||||
6 | require for each of such meetings. | ||||||
7 | (Source: P.A. 93-959, eff. 8-20-04; 94-259, eff. 1-1-06.) | ||||||
8 | (55 ILCS 85/5) (from Ch. 34, par. 7005) | ||||||
9 | Sec. 5. Submission to Department; certification by | ||||||
10 | Department. | ||||||
11 | (a) The county shall submit certified copies of any | ||||||
12 | ordinances adopted
approving a proposed economic development | ||||||
13 | plan, establishing an economic
development project area, and | ||||||
14 | authorizing tax increment allocation
financing to the | ||||||
15 | Department, together with (1) a map of the economic
development | ||||||
16 | project area, (2) a copy of the economic development plan as
| ||||||
17 | approved, (3) an analysis, and any supporting documents and | ||||||
18 | statistics,
demonstrating (i) that the economic development | ||||||
19 | project is reasonably expected
to create or retain not less | ||||||
20 | than 500 full-time equivalent jobs
and (ii) that
private | ||||||
21 | investment in the amount of not less than $25,000,000 for all | ||||||
22 | ordinances adopted by Whiteside County and in the amount of not | ||||||
23 | less than $10,000,000 for any ordinance adopted by Stephenson | ||||||
24 | County is reasonably
expected to occur in the economic | ||||||
25 | development project area, (4) an estimate
of the economic |
| |||||||
| |||||||
1 | impact of the economic development plan and the use of
property | ||||||
2 | tax allocation financing upon the revenues of the county and | ||||||
3 | the
affected taxing districts, (5) a record of all public | ||||||
4 | hearings held in
connection with the establishment of the | ||||||
5 | economic development project area,
and (6) such other | ||||||
6 | information as the Department by regulation may require. | ||||||
7 | (b) Upon receipt of an application from a county the | ||||||
8 | Department shall
review the application to determine whether | ||||||
9 | the economic development
project area qualifies as an economic | ||||||
10 | development project area under this
Act. At its discretion, the | ||||||
11 | Department may accept or reject the application
or may request | ||||||
12 | such additional information as it deems necessary or
advisable | ||||||
13 | to aid its review. If any such area is found to be qualified to
| ||||||
14 | be an economic development project area, the Department shall | ||||||
15 | approve and
certify such economic development project area and | ||||||
16 | shall provide written
notice of its approval and certification | ||||||
17 | to the county and to the county
clerk. In determining whether | ||||||
18 | an economic development project area shall be
approved and | ||||||
19 | certified, the Department shall consider (1) whether, without
| ||||||
20 | public intervention, the State would suffer substantial | ||||||
21 | economic
dislocation, such as relocation of a commercial | ||||||
22 | business or industrial or
manufacturing facility to another | ||||||
23 | state, territory or country, or would not
otherwise benefit | ||||||
24 | from private investment offering substantial employment
| ||||||
25 | opportunities and economic growth, and (2) the impact on the | ||||||
26 | revenues of
the county and the affected taxing districts of the |
| |||||||
| |||||||
1 | use of tax increment
allocation financing in connection with | ||||||
2 | the economic development project. | ||||||
3 | (c) On or before July 1, 2007, and again on or before July | ||||||
4 | 1, 2012, the Department shall submit to
the
General Assembly a | ||||||
5 | report detailing the number of economic development
project | ||||||
6 | areas it has approved and certified, the number and type of | ||||||
7 | jobs
created or retained therein, the aggregate amount of | ||||||
8 | private investment
therein, the impact in the revenues of | ||||||
9 | counties and affected taxing
districts of the use of property | ||||||
10 | tax allocation financing therein, and such
additional | ||||||
11 | information as the Department may determine to be relevant. On
| ||||||
12 | July 1, 2008 the authority granted hereunder to counties to
| ||||||
13 | establish
economic development project areas under subsections | ||||||
14 | (a), (a-5), and (a-10) of Section 4 of this Act and to adopt | ||||||
15 | property tax allocation
financing in connection therewith and | ||||||
16 | to the Department to approve and
certify economic development | ||||||
17 | project areas shall expire unless the General
Assembly shall | ||||||
18 | have authorized counties and the Department to continue to
| ||||||
19 | exercise the powers granted to them under this Act. Two years | ||||||
20 | after the effective date of this amendatory Act of the 96th | ||||||
21 | General Assembly, the authority granted to Grundy County to | ||||||
22 | establish an economic development project under subsection | ||||||
23 | (a-15) of Section 4 of this Act and to adopt property tax | ||||||
24 | allocation financing in connection therewith shall expire. | ||||||
25 | (Source: P.A. 92-791, eff. 8-6-02; 93-959, eff. 8-20-04.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|