Rep. Jehan Gordon-Booth

Filed: 5/27/2021

 

 


 

 


 
10200SB1822ham002LRB102 15348 AWJ 27172 a

1
AMENDMENT TO SENATE BILL 1822

2    AMENDMENT NO. ______. Amend Senate Bill 1822 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.4-3, 11-74.4-3.3, 11-74.4-3.5, and
611-74.4-4 as follows:
 
7    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8    Sec. 11-74.4-3. Definitions. The following terms, wherever
9used or referred to in this Division 74.4 shall have the
10following respective meanings, unless in any case a different
11meaning clearly appears from the context.
12    (a) For any redevelopment project area that has been
13designated pursuant to this Section by an ordinance adopted
14prior to November 1, 1999 (the effective date of Public Act
1591-478), "blighted area" shall have the meaning set forth in
16this Section prior to that date.

 

 

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1    On and after November 1, 1999, "blighted area" means any
2improved or vacant area within the boundaries of a
3redevelopment project area located within the territorial
4limits of the municipality where:
5        (1) If improved, industrial, commercial, and
6    residential buildings or improvements are detrimental to
7    the public safety, health, or welfare because of a
8    combination of 5 or more of the following factors, each of
9    which is (i) present, with that presence documented, to a
10    meaningful extent so that a municipality may reasonably
11    find that the factor is clearly present within the intent
12    of the Act and (ii) reasonably distributed throughout the
13    improved part of the redevelopment project area:
14            (A) Dilapidation. An advanced state of disrepair
15        or neglect of necessary repairs to the primary
16        structural components of buildings or improvements in
17        such a combination that a documented building
18        condition analysis determines that major repair is
19        required or the defects are so serious and so
20        extensive that the buildings must be removed.
21            (B) Obsolescence. The condition or process of
22        falling into disuse. Structures have become ill-suited
23        for the original use.
24            (C) Deterioration. With respect to buildings,
25        defects including, but not limited to, major defects
26        in the secondary building components such as doors,

 

 

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1        windows, porches, gutters and downspouts, and fascia.
2        With respect to surface improvements, that the
3        condition of roadways, alleys, curbs, gutters,
4        sidewalks, off-street parking, and surface storage
5        areas evidence deterioration, including, but not
6        limited to, surface cracking, crumbling, potholes,
7        depressions, loose paving material, and weeds
8        protruding through paved surfaces.
9            (D) Presence of structures below minimum code
10        standards. All structures that do not meet the
11        standards of zoning, subdivision, building, fire, and
12        other governmental codes applicable to property, but
13        not including housing and property maintenance codes.
14            (E) Illegal use of individual structures. The use
15        of structures in violation of applicable federal,
16        State, or local laws, exclusive of those applicable to
17        the presence of structures below minimum code
18        standards.
19            (F) Excessive vacancies. The presence of buildings
20        that are unoccupied or under-utilized and that
21        represent an adverse influence on the area because of
22        the frequency, extent, or duration of the vacancies.
23            (G) Lack of ventilation, light, or sanitary
24        facilities. The absence of adequate ventilation for
25        light or air circulation in spaces or rooms without
26        windows, or that require the removal of dust, odor,

 

 

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1        gas, smoke, or other noxious airborne materials.
2        Inadequate natural light and ventilation means the
3        absence of skylights or windows for interior spaces or
4        rooms and improper window sizes and amounts by room
5        area to window area ratios. Inadequate sanitary
6        facilities refers to the absence or inadequacy of
7        garbage storage and enclosure, bathroom facilities,
8        hot water and kitchens, and structural inadequacies
9        preventing ingress and egress to and from all rooms
10        and units within a building.
11            (H) Inadequate utilities. Underground and overhead
12        utilities such as storm sewers and storm drainage,
13        sanitary sewers, water lines, and gas, telephone, and
14        electrical services that are shown to be inadequate.
15        Inadequate utilities are those that are: (i) of
16        insufficient capacity to serve the uses in the
17        redevelopment project area, (ii) deteriorated,
18        antiquated, obsolete, or in disrepair, or (iii)
19        lacking within the redevelopment project area.
20            (I) Excessive land coverage and overcrowding of
21        structures and community facilities. The
22        over-intensive use of property and the crowding of
23        buildings and accessory facilities onto a site.
24        Examples of problem conditions warranting the
25        designation of an area as one exhibiting excessive
26        land coverage are: (i) the presence of buildings

 

 

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1        either improperly situated on parcels or located on
2        parcels of inadequate size and shape in relation to
3        present-day standards of development for health and
4        safety and (ii) the presence of multiple buildings on
5        a single parcel. For there to be a finding of excessive
6        land coverage, these parcels must exhibit one or more
7        of the following conditions: insufficient provision
8        for light and air within or around buildings,
9        increased threat of spread of fire due to the close
10        proximity of buildings, lack of adequate or proper
11        access to a public right-of-way, lack of reasonably
12        required off-street parking, or inadequate provision
13        for loading and service.
14            (J) Deleterious land use or layout. The existence
15        of incompatible land-use relationships, buildings
16        occupied by inappropriate mixed-uses, or uses
17        considered to be noxious, offensive, or unsuitable for
18        the surrounding area.
19            (K) Environmental clean-up. The proposed
20        redevelopment project area has incurred Illinois
21        Environmental Protection Agency or United States
22        Environmental Protection Agency remediation costs for,
23        or a study conducted by an independent consultant
24        recognized as having expertise in environmental
25        remediation has determined a need for, the clean-up of
26        hazardous waste, hazardous substances, or underground

 

 

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1        storage tanks required by State or federal law,
2        provided that the remediation costs constitute a
3        material impediment to the development or
4        redevelopment of the redevelopment project area.
5            (L) Lack of community planning. The proposed
6        redevelopment project area was developed prior to or
7        without the benefit or guidance of a community plan.
8        This means that the development occurred prior to the
9        adoption by the municipality of a comprehensive or
10        other community plan or that the plan was not followed
11        at the time of the area's development. This factor
12        must be documented by evidence of adverse or
13        incompatible land-use relationships, inadequate street
14        layout, improper subdivision, parcels of inadequate
15        shape and size to meet contemporary development
16        standards, or other evidence demonstrating an absence
17        of effective community planning.
18            (M) The total equalized assessed value of the
19        proposed redevelopment project area has declined for 3
20        of the last 5 calendar years prior to the year in which
21        the redevelopment project area is designated or is
22        increasing at an annual rate that is less than the
23        balance of the municipality for 3 of the last 5
24        calendar years for which information is available or
25        is increasing at an annual rate that is less than the
26        Consumer Price Index for All Urban Consumers published

 

 

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1        by the United States Department of Labor or successor
2        agency for 3 of the last 5 calendar years prior to the
3        year in which the redevelopment project area is
4        designated.
5        (2) If vacant, the sound growth of the redevelopment
6    project area is impaired by a combination of 2 or more of
7    the following factors, each of which is (i) present, with
8    that presence documented, to a meaningful extent so that a
9    municipality may reasonably find that the factor is
10    clearly present within the intent of the Act and (ii)
11    reasonably distributed throughout the vacant part of the
12    redevelopment project area to which it pertains:
13            (A) Obsolete platting of vacant land that results
14        in parcels of limited or narrow size or configurations
15        of parcels of irregular size or shape that would be
16        difficult to develop on a planned basis and in a manner
17        compatible with contemporary standards and
18        requirements, or platting that failed to create
19        rights-of-ways for streets or alleys or that created
20        inadequate right-of-way widths for streets, alleys, or
21        other public rights-of-way or that omitted easements
22        for public utilities.
23            (B) Diversity of ownership of parcels of vacant
24        land sufficient in number to retard or impede the
25        ability to assemble the land for development.
26            (C) Tax and special assessment delinquencies exist

 

 

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1        or the property has been the subject of tax sales under
2        the Property Tax Code within the last 5 years.
3            (D) Deterioration of structures or site
4        improvements in neighboring areas adjacent to the
5        vacant land.
6            (E) The area has incurred Illinois Environmental
7        Protection Agency or United States Environmental
8        Protection Agency remediation costs for, or a study
9        conducted by an independent consultant recognized as
10        having expertise in environmental remediation has
11        determined a need for, the clean-up of hazardous
12        waste, hazardous substances, or underground storage
13        tanks required by State or federal law, provided that
14        the remediation costs constitute a material impediment
15        to the development or redevelopment of the
16        redevelopment project area.
17            (F) The total equalized assessed value of the
18        proposed redevelopment project area has declined for 3
19        of the last 5 calendar years prior to the year in which
20        the redevelopment project area is designated or is
21        increasing at an annual rate that is less than the
22        balance of the municipality for 3 of the last 5
23        calendar years for which information is available or
24        is increasing at an annual rate that is less than the
25        Consumer Price Index for All Urban Consumers published
26        by the United States Department of Labor or successor

 

 

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1        agency for 3 of the last 5 calendar years prior to the
2        year in which the redevelopment project area is
3        designated.
4        (3) If vacant, the sound growth of the redevelopment
5    project area is impaired by one of the following factors
6    that (i) is present, with that presence documented, to a
7    meaningful extent so that a municipality may reasonably
8    find that the factor is clearly present within the intent
9    of the Act and (ii) is reasonably distributed throughout
10    the vacant part of the redevelopment project area to which
11    it pertains:
12            (A) The area consists of one or more unused
13        quarries, mines, or strip mine ponds.
14            (B) The area consists of unused rail yards, rail
15        tracks, or railroad rights-of-way.
16            (C) The area, prior to its designation, is subject
17        to (i) chronic flooding that adversely impacts on real
18        property in the area as certified by a registered
19        professional engineer or appropriate regulatory agency
20        or (ii) surface water that discharges from all or a
21        part of the area and contributes to flooding within
22        the same watershed, but only if the redevelopment
23        project provides for facilities or improvements to
24        contribute to the alleviation of all or part of the
25        flooding.
26            (D) The area consists of an unused or illegal

 

 

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1        disposal site containing earth, stone, building
2        debris, or similar materials that were removed from
3        construction, demolition, excavation, or dredge sites.
4            (E) Prior to November 1, 1999, the area is not less
5        than 50 nor more than 100 acres and 75% of which is
6        vacant (notwithstanding that the area has been used
7        for commercial agricultural purposes within 5 years
8        prior to the designation of the redevelopment project
9        area), and the area meets at least one of the factors
10        itemized in paragraph (1) of this subsection, the area
11        has been designated as a town or village center by
12        ordinance or comprehensive plan adopted prior to
13        January 1, 1982, and the area has not been developed
14        for that designated purpose.
15            (F) The area qualified as a blighted improved area
16        immediately prior to becoming vacant, unless there has
17        been substantial private investment in the immediately
18        surrounding area.
19    (b) For any redevelopment project area that has been
20designated pursuant to this Section by an ordinance adopted
21prior to November 1, 1999 (the effective date of Public Act
2291-478), "conservation area" shall have the meaning set forth
23in this Section prior to that date.
24    On and after November 1, 1999, "conservation area" means
25any improved area within the boundaries of a redevelopment
26project area located within the territorial limits of the

 

 

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1municipality in which 50% or more of the structures in the area
2have an age of 35 years or more. Such an area is not yet a
3blighted area but because of a combination of 3 or more of the
4following factors is detrimental to the public safety, health,
5morals or welfare and such an area may become a blighted area:
6        (1) Dilapidation. An advanced state of disrepair or
7    neglect of necessary repairs to the primary structural
8    components of buildings or improvements in such a
9    combination that a documented building condition analysis
10    determines that major repair is required or the defects
11    are so serious and so extensive that the buildings must be
12    removed.
13        (2) Obsolescence. The condition or process of falling
14    into disuse. Structures have become ill-suited for the
15    original use.
16        (3) Deterioration. With respect to buildings, defects
17    including, but not limited to, major defects in the
18    secondary building components such as doors, windows,
19    porches, gutters and downspouts, and fascia. With respect
20    to surface improvements, that the condition of roadways,
21    alleys, curbs, gutters, sidewalks, off-street parking, and
22    surface storage areas evidence deterioration, including,
23    but not limited to, surface cracking, crumbling, potholes,
24    depressions, loose paving material, and weeds protruding
25    through paved surfaces.
26        (4) Presence of structures below minimum code

 

 

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1    standards. All structures that do not meet the standards
2    of zoning, subdivision, building, fire, and other
3    governmental codes applicable to property, but not
4    including housing and property maintenance codes.
5        (5) Illegal use of individual structures. The use of
6    structures in violation of applicable federal, State, or
7    local laws, exclusive of those applicable to the presence
8    of structures below minimum code standards.
9        (6) Excessive vacancies. The presence of buildings
10    that are unoccupied or under-utilized and that represent
11    an adverse influence on the area because of the frequency,
12    extent, or duration of the vacancies.
13        (7) Lack of ventilation, light, or sanitary
14    facilities. The absence of adequate ventilation for light
15    or air circulation in spaces or rooms without windows, or
16    that require the removal of dust, odor, gas, smoke, or
17    other noxious airborne materials. Inadequate natural light
18    and ventilation means the absence or inadequacy of
19    skylights or windows for interior spaces or rooms and
20    improper window sizes and amounts by room area to window
21    area ratios. Inadequate sanitary facilities refers to the
22    absence or inadequacy of garbage storage and enclosure,
23    bathroom facilities, hot water and kitchens, and
24    structural inadequacies preventing ingress and egress to
25    and from all rooms and units within a building.
26        (8) Inadequate utilities. Underground and overhead

 

 

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1    utilities such as storm sewers and storm drainage,
2    sanitary sewers, water lines, and gas, telephone, and
3    electrical services that are shown to be inadequate.
4    Inadequate utilities are those that are: (i) of
5    insufficient capacity to serve the uses in the
6    redevelopment project area, (ii) deteriorated, antiquated,
7    obsolete, or in disrepair, or (iii) lacking within the
8    redevelopment project area.
9        (9) Excessive land coverage and overcrowding of
10    structures and community facilities. The over-intensive
11    use of property and the crowding of buildings and
12    accessory facilities onto a site. Examples of problem
13    conditions warranting the designation of an area as one
14    exhibiting excessive land coverage are: the presence of
15    buildings either improperly situated on parcels or located
16    on parcels of inadequate size and shape in relation to
17    present-day standards of development for health and safety
18    and the presence of multiple buildings on a single parcel.
19    For there to be a finding of excessive land coverage,
20    these parcels must exhibit one or more of the following
21    conditions: insufficient provision for light and air
22    within or around buildings, increased threat of spread of
23    fire due to the close proximity of buildings, lack of
24    adequate or proper access to a public right-of-way, lack
25    of reasonably required off-street parking, or inadequate
26    provision for loading and service.

 

 

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1        (10) Deleterious land use or layout. The existence of
2    incompatible land-use relationships, buildings occupied by
3    inappropriate mixed-uses, or uses considered to be
4    noxious, offensive, or unsuitable for the surrounding
5    area.
6        (11) Lack of community planning. The proposed
7    redevelopment project area was developed prior to or
8    without the benefit or guidance of a community plan. This
9    means that the development occurred prior to the adoption
10    by the municipality of a comprehensive or other community
11    plan or that the plan was not followed at the time of the
12    area's development. This factor must be documented by
13    evidence of adverse or incompatible land-use
14    relationships, inadequate street layout, improper
15    subdivision, parcels of inadequate shape and size to meet
16    contemporary development standards, or other evidence
17    demonstrating an absence of effective community planning.
18        (12) The area has incurred Illinois Environmental
19    Protection Agency or United States Environmental
20    Protection Agency remediation costs for, or a study
21    conducted by an independent consultant recognized as
22    having expertise in environmental remediation has
23    determined a need for, the clean-up of hazardous waste,
24    hazardous substances, or underground storage tanks
25    required by State or federal law, provided that the
26    remediation costs constitute a material impediment to the

 

 

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1    development or redevelopment of the redevelopment project
2    area.
3        (13) The total equalized assessed value of the
4    proposed redevelopment project area has declined for 3 of
5    the last 5 calendar years for which information is
6    available or is increasing at an annual rate that is less
7    than the balance of the municipality for 3 of the last 5
8    calendar years for which information is available or is
9    increasing at an annual rate that is less than the
10    Consumer Price Index for All Urban Consumers published by
11    the United States Department of Labor or successor agency
12    for 3 of the last 5 calendar years for which information is
13    available.
14    (c) "Industrial park" means an area in a blighted or
15conservation area suitable for use by any manufacturing,
16industrial, research or transportation enterprise, of
17facilities to include but not be limited to factories, mills,
18processing plants, assembly plants, packing plants,
19fabricating plants, industrial distribution centers,
20warehouses, repair overhaul or service facilities, freight
21terminals, research facilities, test facilities or railroad
22facilities.
23    (d) "Industrial park conservation area" means an area
24within the boundaries of a redevelopment project area located
25within the territorial limits of a municipality that is a
26labor surplus municipality or within 1 1/2 miles of the

 

 

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1territorial limits of a municipality that is a labor surplus
2municipality if the area is annexed to the municipality; which
3area is zoned as industrial no later than at the time the
4municipality by ordinance designates the redevelopment project
5area, and which area includes both vacant land suitable for
6use as an industrial park and a blighted area or conservation
7area contiguous to such vacant land.
8    (e) "Labor surplus municipality" means a municipality in
9which, at any time during the 6 months before the municipality
10by ordinance designates an industrial park conservation area,
11the unemployment rate was over 6% and was also 100% or more of
12the national average unemployment rate for that same time as
13published in the United States Department of Labor Bureau of
14Labor Statistics publication entitled "The Employment
15Situation" or its successor publication. For the purpose of
16this subsection, if unemployment rate statistics for the
17municipality are not available, the unemployment rate in the
18municipality shall be deemed to be the same as the
19unemployment rate in the principal county in which the
20municipality is located.
21    (f) "Municipality" shall mean a city, village,
22incorporated town, or a township that is located in the
23unincorporated portion of a county with 3 million or more
24inhabitants, if the county adopted an ordinance that approved
25the township's redevelopment plan.
26    (g) "Initial Sales Tax Amounts" means the amount of taxes

 

 

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1paid under the Retailers' Occupation Tax Act, Use Tax Act,
2Service Use Tax Act, the Service Occupation Tax Act, the
3Municipal Retailers' Occupation Tax Act, and the Municipal
4Service Occupation Tax Act by retailers and servicemen on
5transactions at places located in a State Sales Tax Boundary
6during the calendar year 1985.
7    (g-1) "Revised Initial Sales Tax Amounts" means the amount
8of taxes paid under the Retailers' Occupation Tax Act, Use Tax
9Act, Service Use Tax Act, the Service Occupation Tax Act, the
10Municipal Retailers' Occupation Tax Act, and the Municipal
11Service Occupation Tax Act by retailers and servicemen on
12transactions at places located within the State Sales Tax
13Boundary revised pursuant to Section 11-74.4-8a(9) of this
14Act.
15    (h) "Municipal Sales Tax Increment" means an amount equal
16to the increase in the aggregate amount of taxes paid to a
17municipality from the Local Government Tax Fund arising from
18sales by retailers and servicemen within the redevelopment
19project area or State Sales Tax Boundary, as the case may be,
20for as long as the redevelopment project area or State Sales
21Tax Boundary, as the case may be, exist over and above the
22aggregate amount of taxes as certified by the Illinois
23Department of Revenue and paid under the Municipal Retailers'
24Occupation Tax Act and the Municipal Service Occupation Tax
25Act by retailers and servicemen, on transactions at places of
26business located in the redevelopment project area or State

 

 

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1Sales Tax Boundary, as the case may be, during the base year
2which shall be the calendar year immediately prior to the year
3in which the municipality adopted tax increment allocation
4financing. For purposes of computing the aggregate amount of
5such taxes for base years occurring prior to 1985, the
6Department of Revenue shall determine the Initial Sales Tax
7Amounts for such taxes and deduct therefrom an amount equal to
84% of the aggregate amount of taxes per year for each year the
9base year is prior to 1985, but not to exceed a total deduction
10of 12%. The amount so determined shall be known as the
11"Adjusted Initial Sales Tax Amounts". For purposes of
12determining the Municipal Sales Tax Increment, the Department
13of Revenue shall for each period subtract from the amount paid
14to the municipality from the Local Government Tax Fund arising
15from sales by retailers and servicemen on transactions located
16in the redevelopment project area or the State Sales Tax
17Boundary, as the case may be, the certified Initial Sales Tax
18Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
19Initial Sales Tax Amounts for the Municipal Retailers'
20Occupation Tax Act and the Municipal Service Occupation Tax
21Act. For the State Fiscal Year 1989, this calculation shall be
22made by utilizing the calendar year 1987 to determine the tax
23amounts received. For the State Fiscal Year 1990, this
24calculation shall be made by utilizing the period from January
251, 1988, until September 30, 1988, to determine the tax
26amounts received from retailers and servicemen pursuant to the

 

 

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1Municipal Retailers' Occupation Tax and the Municipal Service
2Occupation Tax Act, which shall have deducted therefrom
3nine-twelfths of the certified Initial Sales Tax Amounts, the
4Adjusted Initial Sales Tax Amounts or the Revised Initial
5Sales Tax Amounts as appropriate. For the State Fiscal Year
61991, this calculation shall be made by utilizing the period
7from October 1, 1988, to June 30, 1989, to determine the tax
8amounts received from retailers and servicemen pursuant to the
9Municipal Retailers' Occupation Tax and the Municipal Service
10Occupation Tax Act which shall have deducted therefrom
11nine-twelfths of the certified Initial Sales Tax Amounts,
12Adjusted Initial Sales Tax Amounts or the Revised Initial
13Sales Tax Amounts as appropriate. For every State Fiscal Year
14thereafter, the applicable period shall be the 12 months
15beginning July 1 and ending June 30 to determine the tax
16amounts received which shall have deducted therefrom the
17certified Initial Sales Tax Amounts, the Adjusted Initial
18Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
19the case may be.
20    (i) "Net State Sales Tax Increment" means the sum of the
21following: (a) 80% of the first $100,000 of State Sales Tax
22Increment annually generated within a State Sales Tax
23Boundary; (b) 60% of the amount in excess of $100,000 but not
24exceeding $500,000 of State Sales Tax Increment annually
25generated within a State Sales Tax Boundary; and (c) 40% of all
26amounts in excess of $500,000 of State Sales Tax Increment

 

 

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1annually generated within a State Sales Tax Boundary. If,
2however, a municipality established a tax increment financing
3district in a county with a population in excess of 3,000,000
4before January 1, 1986, and the municipality entered into a
5contract or issued bonds after January 1, 1986, but before
6December 31, 1986, to finance redevelopment project costs
7within a State Sales Tax Boundary, then the Net State Sales Tax
8Increment means, for the fiscal years beginning July 1, 1990,
9and July 1, 1991, 100% of the State Sales Tax Increment
10annually generated within a State Sales Tax Boundary; and
11notwithstanding any other provision of this Act, for those
12fiscal years the Department of Revenue shall distribute to
13those municipalities 100% of their Net State Sales Tax
14Increment before any distribution to any other municipality
15and regardless of whether or not those other municipalities
16will receive 100% of their Net State Sales Tax Increment. For
17Fiscal Year 1999, and every year thereafter until the year
182007, for any municipality that has not entered into a
19contract or has not issued bonds prior to June 1, 1988 to
20finance redevelopment project costs within a State Sales Tax
21Boundary, the Net State Sales Tax Increment shall be
22calculated as follows: By multiplying the Net State Sales Tax
23Increment by 90% in the State Fiscal Year 1999; 80% in the
24State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
25in the State Fiscal Year 2002; 50% in the State Fiscal Year
262003; 40% in the State Fiscal Year 2004; 30% in the State

 

 

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1Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
2the State Fiscal Year 2007. No payment shall be made for State
3Fiscal Year 2008 and thereafter.
4    Municipalities that issued bonds in connection with a
5redevelopment project in a redevelopment project area within
6the State Sales Tax Boundary prior to July 29, 1991, or that
7entered into contracts in connection with a redevelopment
8project in a redevelopment project area before June 1, 1988,
9shall continue to receive their proportional share of the
10Illinois Tax Increment Fund distribution until the date on
11which the redevelopment project is completed or terminated.
12If, however, a municipality that issued bonds in connection
13with a redevelopment project in a redevelopment project area
14within the State Sales Tax Boundary prior to July 29, 1991
15retires the bonds prior to June 30, 2007 or a municipality that
16entered into contracts in connection with a redevelopment
17project in a redevelopment project area before June 1, 1988
18completes the contracts prior to June 30, 2007, then so long as
19the redevelopment project is not completed or is not
20terminated, the Net State Sales Tax Increment shall be
21calculated, beginning on the date on which the bonds are
22retired or the contracts are completed, as follows: By
23multiplying the Net State Sales Tax Increment by 60% in the
24State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
25in the State Fiscal Year 2004; 30% in the State Fiscal Year
262005; 20% in the State Fiscal Year 2006; and 10% in the State

 

 

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1Fiscal Year 2007. No payment shall be made for State Fiscal
2Year 2008 and thereafter. Refunding of any bonds issued prior
3to July 29, 1991, shall not alter the Net State Sales Tax
4Increment.
5    (j) "State Utility Tax Increment Amount" means an amount
6equal to the aggregate increase in State electric and gas tax
7charges imposed on owners and tenants, other than residential
8customers, of properties located within the redevelopment
9project area under Section 9-222 of the Public Utilities Act,
10over and above the aggregate of such charges as certified by
11the Department of Revenue and paid by owners and tenants,
12other than residential customers, of properties within the
13redevelopment project area during the base year, which shall
14be the calendar year immediately prior to the year of the
15adoption of the ordinance authorizing tax increment allocation
16financing.
17    (k) "Net State Utility Tax Increment" means the sum of the
18following: (a) 80% of the first $100,000 of State Utility Tax
19Increment annually generated by a redevelopment project area;
20(b) 60% of the amount in excess of $100,000 but not exceeding
21$500,000 of the State Utility Tax Increment annually generated
22by a redevelopment project area; and (c) 40% of all amounts in
23excess of $500,000 of State Utility Tax Increment annually
24generated by a redevelopment project area. For the State
25Fiscal Year 1999, and every year thereafter until the year
262007, for any municipality that has not entered into a

 

 

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1contract or has not issued bonds prior to June 1, 1988 to
2finance redevelopment project costs within a redevelopment
3project area, the Net State Utility Tax Increment shall be
4calculated as follows: By multiplying the Net State Utility
5Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
6State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
7in the State Fiscal Year 2002; 50% in the State Fiscal Year
82003; 40% in the State Fiscal Year 2004; 30% in the State
9Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
10the State Fiscal Year 2007. No payment shall be made for the
11State Fiscal Year 2008 and thereafter.
12    Municipalities that issue bonds in connection with the
13redevelopment project during the period from June 1, 1988
14until 3 years after the effective date of this Amendatory Act
15of 1988 shall receive the Net State Utility Tax Increment,
16subject to appropriation, for 15 State Fiscal Years after the
17issuance of such bonds. For the 16th through the 20th State
18Fiscal Years after issuance of the bonds, the Net State
19Utility Tax Increment shall be calculated as follows: By
20multiplying the Net State Utility Tax Increment by 90% in year
2116; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
22year 20. Refunding of any bonds issued prior to June 1, 1988,
23shall not alter the revised Net State Utility Tax Increment
24payments set forth above.
25    (l) "Obligations" mean bonds, loans, debentures, notes,
26special certificates or other evidence of indebtedness issued

 

 

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1by the municipality to carry out a redevelopment project or to
2refund outstanding obligations.
3    (m) "Payment in lieu of taxes" means those estimated tax
4revenues from real property in a redevelopment project area
5derived from real property that has been acquired by a
6municipality which according to the redevelopment project or
7plan is to be used for a private use which taxing districts
8would have received had a municipality not acquired the real
9property and adopted tax increment allocation financing and
10which would result from levies made after the time of the
11adoption of tax increment allocation financing to the time the
12current equalized value of real property in the redevelopment
13project area exceeds the total initial equalized value of real
14property in said area.
15    (n) "Redevelopment plan" means the comprehensive program
16of the municipality for development or redevelopment intended
17by the payment of redevelopment project costs to reduce or
18eliminate those conditions the existence of which qualified
19the redevelopment project area as a "blighted area" or
20"conservation area" or combination thereof or "industrial park
21conservation area," and thereby to enhance the tax bases of
22the taxing districts which extend into the redevelopment
23project area, provided that, with respect to redevelopment
24project areas described in subsections (p-1) and (p-2),
25"redevelopment plan" means the comprehensive program of the
26affected municipality for the development of qualifying

 

 

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1transit facilities. On and after November 1, 1999 (the
2effective date of Public Act 91-478), no redevelopment plan
3may be approved or amended that includes the development of
4vacant land (i) with a golf course and related clubhouse and
5other facilities or (ii) designated by federal, State, county,
6or municipal government as public land for outdoor
7recreational activities or for nature preserves and used for
8that purpose within 5 years prior to the adoption of the
9redevelopment plan. For the purpose of this subsection,
10"recreational activities" is limited to mean camping and
11hunting. Each redevelopment plan shall set forth in writing
12the program to be undertaken to accomplish the objectives and
13shall include but not be limited to:
14        (A) an itemized list of estimated redevelopment
15    project costs;
16        (B) evidence indicating that the redevelopment project
17    area on the whole has not been subject to growth and
18    development through investment by private enterprise,
19    provided that such evidence shall not be required for any
20    redevelopment project area located within a transit
21    facility improvement area established pursuant to Section
22    11-74.4-3.3;
23        (C) an assessment of any financial impact of the
24    redevelopment project area on or any increased demand for
25    services from any taxing district affected by the plan and
26    any program to address such financial impact or increased

 

 

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1    demand;
2        (D) the sources of funds to pay costs;
3        (E) the nature and term of the obligations to be
4    issued;
5        (F) the most recent equalized assessed valuation of
6    the redevelopment project area;
7        (G) an estimate as to the equalized assessed valuation
8    after redevelopment and the general land uses to apply in
9    the redevelopment project area;
10        (H) a commitment to fair employment practices and an
11    affirmative action plan;
12        (I) if it concerns an industrial park conservation
13    area, the plan shall also include a general description of
14    any proposed developer, user and tenant of any property, a
15    description of the type, structure and general character
16    of the facilities to be developed, a description of the
17    type, class and number of new employees to be employed in
18    the operation of the facilities to be developed; and
19        (J) if property is to be annexed to the municipality,
20    the plan shall include the terms of the annexation
21    agreement.
22    The provisions of items (B) and (C) of this subsection (n)
23shall not apply to a municipality that before March 14, 1994
24(the effective date of Public Act 88-537) had fixed, either by
25its corporate authorities or by a commission designated under
26subsection (k) of Section 11-74.4-4, a time and place for a

 

 

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1public hearing as required by subsection (a) of Section
211-74.4-5. No redevelopment plan shall be adopted unless a
3municipality complies with all of the following requirements:
4        (1) The municipality finds that the redevelopment
5    project area on the whole has not been subject to growth
6    and development through investment by private enterprise
7    and would not reasonably be anticipated to be developed
8    without the adoption of the redevelopment plan, provided,
9    however, that such a finding shall not be required with
10    respect to any redevelopment project area located within a
11    transit facility improvement area established pursuant to
12    Section 11-74.4-3.3.
13        (2) The municipality finds that the redevelopment plan
14    and project conform to the comprehensive plan for the
15    development of the municipality as a whole, or, for
16    municipalities with a population of 100,000 or more,
17    regardless of when the redevelopment plan and project was
18    adopted, the redevelopment plan and project either: (i)
19    conforms to the strategic economic development or
20    redevelopment plan issued by the designated planning
21    authority of the municipality, or (ii) includes land uses
22    that have been approved by the planning commission of the
23    municipality.
24        (3) The redevelopment plan establishes the estimated
25    dates of completion of the redevelopment project and
26    retirement of obligations issued to finance redevelopment

 

 

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1    project costs. Those dates may not be later than the dates
2    set forth under Section 11-74.4-3.5.
3        A municipality may by municipal ordinance amend an
4    existing redevelopment plan to conform to this paragraph
5    (3) as amended by Public Act 91-478, which municipal
6    ordinance may be adopted without further hearing or notice
7    and without complying with the procedures provided in this
8    Act pertaining to an amendment to or the initial approval
9    of a redevelopment plan and project and designation of a
10    redevelopment project area.
11        (3.5) The municipality finds, in the case of an
12    industrial park conservation area, also that the
13    municipality is a labor surplus municipality and that the
14    implementation of the redevelopment plan will reduce
15    unemployment, create new jobs and by the provision of new
16    facilities enhance the tax base of the taxing districts
17    that extend into the redevelopment project area.
18        (4) If any incremental revenues are being utilized
19    under Section 8(a)(1) or 8(a)(2) of this Act in
20    redevelopment project areas approved by ordinance after
21    January 1, 1986, the municipality finds: (a) that the
22    redevelopment project area would not reasonably be
23    developed without the use of such incremental revenues,
24    and (b) that such incremental revenues will be exclusively
25    utilized for the development of the redevelopment project
26    area.

 

 

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1        (5) If: (a) the redevelopment plan will not result in
2    displacement of residents from 10 or more inhabited
3    residential units, and the municipality certifies in the
4    plan that such displacement will not result from the plan;
5    or (b) the redevelopment plan is for a redevelopment
6    project area or a qualifying transit facility located
7    within a transit facility improvement area established
8    pursuant to Section 11-74.4-3.3, and the applicable
9    project is subject to the process for evaluation of
10    environmental effects under the National Environmental
11    Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
12    impact study need not be performed. If, however, the
13    redevelopment plan would result in the displacement of
14    residents from 10 or more inhabited residential units, or
15    if the redevelopment project area contains 75 or more
16    inhabited residential units and no certification is made,
17    then the municipality shall prepare, as part of the
18    separate feasibility report required by subsection (a) of
19    Section 11-74.4-5, a housing impact study.
20        Part I of the housing impact study shall include (i)
21    data as to whether the residential units are single family
22    or multi-family units, (ii) the number and type of rooms
23    within the units, if that information is available, (iii)
24    whether the units are inhabited or uninhabited, as
25    determined not less than 45 days before the date that the
26    ordinance or resolution required by subsection (a) of

 

 

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1    Section 11-74.4-5 is passed, and (iv) data as to the
2    racial and ethnic composition of the residents in the
3    inhabited residential units. The data requirement as to
4    the racial and ethnic composition of the residents in the
5    inhabited residential units shall be deemed to be fully
6    satisfied by data from the most recent federal census.
7        Part II of the housing impact study shall identify the
8    inhabited residential units in the proposed redevelopment
9    project area that are to be or may be removed. If inhabited
10    residential units are to be removed, then the housing
11    impact study shall identify (i) the number and location of
12    those units that will or may be removed, (ii) the
13    municipality's plans for relocation assistance for those
14    residents in the proposed redevelopment project area whose
15    residences are to be removed, (iii) the availability of
16    replacement housing for those residents whose residences
17    are to be removed, and shall identify the type, location,
18    and cost of the housing, and (iv) the type and extent of
19    relocation assistance to be provided.
20        (6) On and after November 1, 1999, the housing impact
21    study required by paragraph (5) shall be incorporated in
22    the redevelopment plan for the redevelopment project area.
23        (7) On and after November 1, 1999, no redevelopment
24    plan shall be adopted, nor an existing plan amended, nor
25    shall residential housing that is occupied by households
26    of low-income and very low-income persons in currently

 

 

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1    existing redevelopment project areas be removed after
2    November 1, 1999 unless the redevelopment plan provides,
3    with respect to inhabited housing units that are to be
4    removed for households of low-income and very low-income
5    persons, affordable housing and relocation assistance not
6    less than that which would be provided under the federal
7    Uniform Relocation Assistance and Real Property
8    Acquisition Policies Act of 1970 and the regulations under
9    that Act, including the eligibility criteria. Affordable
10    housing may be either existing or newly constructed
11    housing. For purposes of this paragraph (7), "low-income
12    households", "very low-income households", and "affordable
13    housing" have the meanings set forth in the Illinois
14    Affordable Housing Act. The municipality shall make a good
15    faith effort to ensure that this affordable housing is
16    located in or near the redevelopment project area within
17    the municipality.
18        (8) On and after November 1, 1999, if, after the
19    adoption of the redevelopment plan for the redevelopment
20    project area, any municipality desires to amend its
21    redevelopment plan to remove more inhabited residential
22    units than specified in its original redevelopment plan,
23    that change shall be made in accordance with the
24    procedures in subsection (c) of Section 11-74.4-5.
25        (9) For redevelopment project areas designated prior
26    to November 1, 1999, the redevelopment plan may be amended

 

 

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1    without further joint review board meeting or hearing,
2    provided that the municipality shall give notice of any
3    such changes by mail to each affected taxing district and
4    registrant on the interested party registry, to authorize
5    the municipality to expend tax increment revenues for
6    redevelopment project costs defined by paragraphs (5) and
7    (7.5), subparagraphs (E) and (F) of paragraph (11), and
8    paragraph (11.5) of subsection (q) of Section 11-74.4-3,
9    so long as the changes do not increase the total estimated
10    redevelopment project costs set out in the redevelopment
11    plan by more than 5% after adjustment for inflation from
12    the date the plan was adopted.
13    (o) "Redevelopment project" means any public and private
14development project in furtherance of the objectives of a
15redevelopment plan. On and after November 1, 1999 (the
16effective date of Public Act 91-478), no redevelopment plan
17may be approved or amended that includes the development of
18vacant land (i) with a golf course and related clubhouse and
19other facilities or (ii) designated by federal, State, county,
20or municipal government as public land for outdoor
21recreational activities or for nature preserves and used for
22that purpose within 5 years prior to the adoption of the
23redevelopment plan. For the purpose of this subsection,
24"recreational activities" is limited to mean camping and
25hunting.
26    (p) "Redevelopment project area" means an area designated

 

 

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1by the municipality, which is not less in the aggregate than 1
21/2 acres and in respect to which the municipality has made a
3finding that there exist conditions which cause the area to be
4classified as an industrial park conservation area or a
5blighted area or a conservation area, or a combination of both
6blighted areas and conservation areas.
7    (p-1) Notwithstanding any provision of this Act to the
8contrary, on and after August 25, 2009 (the effective date of
9Public Act 96-680), a redevelopment project area may include
10areas within a one-half mile radius of an existing or proposed
11Regional Transportation Authority Suburban Transit Access
12Route (STAR Line) station without a finding that the area is
13classified as an industrial park conservation area, a blighted
14area, a conservation area, or a combination thereof, but only
15if the municipality receives unanimous consent from the joint
16review board created to review the proposed redevelopment
17project area.
18    (p-2) Notwithstanding any provision of this Act to the
19contrary, on and after the effective date of this amendatory
20Act of the 99th General Assembly, a redevelopment project area
21may include areas within a transit facility improvement area
22that has been established pursuant to Section 11-74.4-3.3
23without a finding that the area is classified as an industrial
24park conservation area, a blighted area, a conservation area,
25or any combination thereof.
26    (q) "Redevelopment project costs", except for

 

 

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1redevelopment project areas created pursuant to subsection
2(p-1) or (p-2), means and includes the sum total of all
3reasonable or necessary costs incurred or estimated to be
4incurred, and any such costs incidental to a redevelopment
5plan and a redevelopment project. Such costs include, without
6limitation, the following:
7        (1) Costs of studies, surveys, development of plans,
8    and specifications, implementation and administration of
9    the redevelopment plan including but not limited to staff
10    and professional service costs for architectural,
11    engineering, legal, financial, planning or other services,
12    provided however that no charges for professional services
13    may be based on a percentage of the tax increment
14    collected; except that on and after November 1, 1999 (the
15    effective date of Public Act 91-478), no contracts for
16    professional services, excluding architectural and
17    engineering services, may be entered into if the terms of
18    the contract extend beyond a period of 3 years. In
19    addition, "redevelopment project costs" shall not include
20    lobbying expenses. After consultation with the
21    municipality, each tax increment consultant or advisor to
22    a municipality that plans to designate or has designated a
23    redevelopment project area shall inform the municipality
24    in writing of any contracts that the consultant or advisor
25    has entered into with entities or individuals that have
26    received, or are receiving, payments financed by tax

 

 

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1    increment revenues produced by the redevelopment project
2    area with respect to which the consultant or advisor has
3    performed, or will be performing, service for the
4    municipality. This requirement shall be satisfied by the
5    consultant or advisor before the commencement of services
6    for the municipality and thereafter whenever any other
7    contracts with those individuals or entities are executed
8    by the consultant or advisor;
9        (1.5) After July 1, 1999, annual administrative costs
10    shall not include general overhead or administrative costs
11    of the municipality that would still have been incurred by
12    the municipality if the municipality had not designated a
13    redevelopment project area or approved a redevelopment
14    plan;
15        (1.6) The cost of marketing sites within the
16    redevelopment project area to prospective businesses,
17    developers, and investors;
18        (2) Property assembly costs, including but not limited
19    to acquisition of land and other property, real or
20    personal, or rights or interests therein, demolition of
21    buildings, site preparation, site improvements that serve
22    as an engineered barrier addressing ground level or below
23    ground environmental contamination, including, but not
24    limited to parking lots and other concrete or asphalt
25    barriers, and the clearing and grading of land;
26        (3) Costs of rehabilitation, reconstruction or repair

 

 

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1    or remodeling of existing public or private buildings,
2    fixtures, and leasehold improvements; and the cost of
3    replacing an existing public building if pursuant to the
4    implementation of a redevelopment project the existing
5    public building is to be demolished to use the site for
6    private investment or devoted to a different use requiring
7    private investment; including any direct or indirect costs
8    relating to Green Globes or LEED certified construction
9    elements or construction elements with an equivalent
10    certification;
11        (4) Costs of the construction of public works or
12    improvements, including any direct or indirect costs
13    relating to Green Globes or LEED certified construction
14    elements or construction elements with an equivalent
15    certification, except that on and after November 1, 1999,
16    redevelopment project costs shall not include the cost of
17    constructing a new municipal public building principally
18    used to provide offices, storage space, or conference
19    facilities or vehicle storage, maintenance, or repair for
20    administrative, public safety, or public works personnel
21    and that is not intended to replace an existing public
22    building as provided under paragraph (3) of subsection (q)
23    of Section 11-74.4-3 unless either (i) the construction of
24    the new municipal building implements a redevelopment
25    project that was included in a redevelopment plan that was
26    adopted by the municipality prior to November 1, 1999,

 

 

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1    (ii) the municipality makes a reasonable determination in
2    the redevelopment plan, supported by information that
3    provides the basis for that determination, that the new
4    municipal building is required to meet an increase in the
5    need for public safety purposes anticipated to result from
6    the implementation of the redevelopment plan, or (iii) the
7    new municipal public building is for the storage,
8    maintenance, or repair of transit vehicles and is located
9    in a transit facility improvement area that has been
10    established pursuant to Section 11-74.4-3.3;
11        (5) Costs of job training and retraining projects,
12    including the cost of "welfare to work" programs
13    implemented by businesses located within the redevelopment
14    project area;
15        (6) Financing costs, including but not limited to all
16    necessary and incidental expenses related to the issuance
17    of obligations and which may include payment of interest
18    on any obligations issued hereunder including interest
19    accruing during the estimated period of construction of
20    any redevelopment project for which such obligations are
21    issued and for not exceeding 36 months thereafter and
22    including reasonable reserves related thereto;
23        (7) To the extent the municipality by written
24    agreement accepts and approves the same, all or a portion
25    of a taxing district's capital costs resulting from the
26    redevelopment project necessarily incurred or to be

 

 

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1    incurred within a taxing district in furtherance of the
2    objectives of the redevelopment plan and project;
3        (7.5) For redevelopment project areas designated (or
4    redevelopment project areas amended to add or increase the
5    number of tax-increment-financing assisted housing units)
6    on or after November 1, 1999, an elementary, secondary, or
7    unit school district's increased costs attributable to
8    assisted housing units located within the redevelopment
9    project area for which the developer or redeveloper
10    receives financial assistance through an agreement with
11    the municipality or because the municipality incurs the
12    cost of necessary infrastructure improvements within the
13    boundaries of the assisted housing sites necessary for the
14    completion of that housing as authorized by this Act, and
15    which costs shall be paid by the municipality from the
16    Special Tax Allocation Fund when the tax increment revenue
17    is received as a result of the assisted housing units and
18    shall be calculated annually as follows:
19            (A) for foundation districts, excluding any school
20        district in a municipality with a population in excess
21        of 1,000,000, by multiplying the district's increase
22        in attendance resulting from the net increase in new
23        students enrolled in that school district who reside
24        in housing units within the redevelopment project area
25        that have received financial assistance through an
26        agreement with the municipality or because the

 

 

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1        municipality incurs the cost of necessary
2        infrastructure improvements within the boundaries of
3        the housing sites necessary for the completion of that
4        housing as authorized by this Act since the
5        designation of the redevelopment project area by the
6        most recently available per capita tuition cost as
7        defined in Section 10-20.12a of the School Code less
8        any increase in general State aid as defined in
9        Section 18-8.05 of the School Code or evidence-based
10        funding as defined in Section 18-8.15 of the School
11        Code attributable to these added new students subject
12        to the following annual limitations:
13                (i) for unit school districts with a district
14            average 1995-96 Per Capita Tuition Charge of less
15            than $5,900, no more than 25% of the total amount
16            of property tax increment revenue produced by
17            those housing units that have received tax
18            increment finance assistance under this Act;
19                (ii) for elementary school districts with a
20            district average 1995-96 Per Capita Tuition Charge
21            of less than $5,900, no more than 17% of the total
22            amount of property tax increment revenue produced
23            by those housing units that have received tax
24            increment finance assistance under this Act; and
25                (iii) for secondary school districts with a
26            district average 1995-96 Per Capita Tuition Charge

 

 

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1            of less than $5,900, no more than 8% of the total
2            amount of property tax increment revenue produced
3            by those housing units that have received tax
4            increment finance assistance under this Act.
5            (B) For alternate method districts, flat grant
6        districts, and foundation districts with a district
7        average 1995-96 Per Capita Tuition Charge equal to or
8        more than $5,900, excluding any school district with a
9        population in excess of 1,000,000, by multiplying the
10        district's increase in attendance resulting from the
11        net increase in new students enrolled in that school
12        district who reside in housing units within the
13        redevelopment project area that have received
14        financial assistance through an agreement with the
15        municipality or because the municipality incurs the
16        cost of necessary infrastructure improvements within
17        the boundaries of the housing sites necessary for the
18        completion of that housing as authorized by this Act
19        since the designation of the redevelopment project
20        area by the most recently available per capita tuition
21        cost as defined in Section 10-20.12a of the School
22        Code less any increase in general state aid as defined
23        in Section 18-8.05 of the School Code or
24        evidence-based funding as defined in Section 18-8.15
25        of the School Code attributable to these added new
26        students subject to the following annual limitations:

 

 

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1                (i) for unit school districts, no more than
2            40% of the total amount of property tax increment
3            revenue produced by those housing units that have
4            received tax increment finance assistance under
5            this Act;
6                (ii) for elementary school districts, no more
7            than 27% of the total amount of property tax
8            increment revenue produced by those housing units
9            that have received tax increment finance
10            assistance under this Act; and
11                (iii) for secondary school districts, no more
12            than 13% of the total amount of property tax
13            increment revenue produced by those housing units
14            that have received tax increment finance
15            assistance under this Act.
16            (C) For any school district in a municipality with
17        a population in excess of 1,000,000, the following
18        restrictions shall apply to the reimbursement of
19        increased costs under this paragraph (7.5):
20                (i) no increased costs shall be reimbursed
21            unless the school district certifies that each of
22            the schools affected by the assisted housing
23            project is at or over its student capacity;
24                (ii) the amount reimbursable shall be reduced
25            by the value of any land donated to the school
26            district by the municipality or developer, and by

 

 

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1            the value of any physical improvements made to the
2            schools by the municipality or developer; and
3                (iii) the amount reimbursed may not affect
4            amounts otherwise obligated by the terms of any
5            bonds, notes, or other funding instruments, or the
6            terms of any redevelopment agreement.
7        Any school district seeking payment under this
8        paragraph (7.5) shall, after July 1 and before
9        September 30 of each year, provide the municipality
10        with reasonable evidence to support its claim for
11        reimbursement before the municipality shall be
12        required to approve or make the payment to the school
13        district. If the school district fails to provide the
14        information during this period in any year, it shall
15        forfeit any claim to reimbursement for that year.
16        School districts may adopt a resolution waiving the
17        right to all or a portion of the reimbursement
18        otherwise required by this paragraph (7.5). By
19        acceptance of this reimbursement the school district
20        waives the right to directly or indirectly set aside,
21        modify, or contest in any manner the establishment of
22        the redevelopment project area or projects;
23        (7.7) For redevelopment project areas designated (or
24    redevelopment project areas amended to add or increase the
25    number of tax-increment-financing assisted housing units)
26    on or after January 1, 2005 (the effective date of Public

 

 

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1    Act 93-961), a public library district's increased costs
2    attributable to assisted housing units located within the
3    redevelopment project area for which the developer or
4    redeveloper receives financial assistance through an
5    agreement with the municipality or because the
6    municipality incurs the cost of necessary infrastructure
7    improvements within the boundaries of the assisted housing
8    sites necessary for the completion of that housing as
9    authorized by this Act shall be paid to the library
10    district by the municipality from the Special Tax
11    Allocation Fund when the tax increment revenue is received
12    as a result of the assisted housing units. This paragraph
13    (7.7) applies only if (i) the library district is located
14    in a county that is subject to the Property Tax Extension
15    Limitation Law or (ii) the library district is not located
16    in a county that is subject to the Property Tax Extension
17    Limitation Law but the district is prohibited by any other
18    law from increasing its tax levy rate without a prior
19    voter referendum.
20        The amount paid to a library district under this
21    paragraph (7.7) shall be calculated by multiplying (i) the
22    net increase in the number of persons eligible to obtain a
23    library card in that district who reside in housing units
24    within the redevelopment project area that have received
25    financial assistance through an agreement with the
26    municipality or because the municipality incurs the cost

 

 

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1    of necessary infrastructure improvements within the
2    boundaries of the housing sites necessary for the
3    completion of that housing as authorized by this Act since
4    the designation of the redevelopment project area by (ii)
5    the per-patron cost of providing library services so long
6    as it does not exceed $120. The per-patron cost shall be
7    the Total Operating Expenditures Per Capita for the
8    library in the previous fiscal year. The municipality may
9    deduct from the amount that it must pay to a library
10    district under this paragraph any amount that it has
11    voluntarily paid to the library district from the tax
12    increment revenue. The amount paid to a library district
13    under this paragraph (7.7) shall be no more than 2% of the
14    amount produced by the assisted housing units and
15    deposited into the Special Tax Allocation Fund.
16        A library district is not eligible for any payment
17    under this paragraph (7.7) unless the library district has
18    experienced an increase in the number of patrons from the
19    municipality that created the tax-increment-financing
20    district since the designation of the redevelopment
21    project area.
22        Any library district seeking payment under this
23    paragraph (7.7) shall, after July 1 and before September
24    30 of each year, provide the municipality with convincing
25    evidence to support its claim for reimbursement before the
26    municipality shall be required to approve or make the

 

 

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1    payment to the library district. If the library district
2    fails to provide the information during this period in any
3    year, it shall forfeit any claim to reimbursement for that
4    year. Library districts may adopt a resolution waiving the
5    right to all or a portion of the reimbursement otherwise
6    required by this paragraph (7.7). By acceptance of such
7    reimbursement, the library district shall forfeit any
8    right to directly or indirectly set aside, modify, or
9    contest in any manner whatsoever the establishment of the
10    redevelopment project area or projects;
11        (8) Relocation costs to the extent that a municipality
12    determines that relocation costs shall be paid or is
13    required to make payment of relocation costs by federal or
14    State law or in order to satisfy subparagraph (7) of
15    subsection (n);
16        (9) Payment in lieu of taxes;
17        (10) Costs of job training, retraining, advanced
18    vocational education or career education, including but
19    not limited to courses in occupational, semi-technical or
20    technical fields leading directly to employment, incurred
21    by one or more taxing districts, provided that such costs
22    (i) are related to the establishment and maintenance of
23    additional job training, advanced vocational education or
24    career education programs for persons employed or to be
25    employed by employers located in a redevelopment project
26    area; and (ii) when incurred by a taxing district or

 

 

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1    taxing districts other than the municipality, are set
2    forth in a written agreement by or among the municipality
3    and the taxing district or taxing districts, which
4    agreement describes the program to be undertaken,
5    including but not limited to the number of employees to be
6    trained, a description of the training and services to be
7    provided, the number and type of positions available or to
8    be available, itemized costs of the program and sources of
9    funds to pay for the same, and the term of the agreement.
10    Such costs include, specifically, the payment by community
11    college districts of costs pursuant to Sections 3-37,
12    3-38, 3-40 and 3-40.1 of the Public Community College Act
13    and by school districts of costs pursuant to Sections
14    10-22.20a and 10-23.3a of the School Code;
15        (11) Interest cost incurred by a redeveloper related
16    to the construction, renovation or rehabilitation of a
17    redevelopment project provided that:
18            (A) such costs are to be paid directly from the
19        special tax allocation fund established pursuant to
20        this Act;
21            (B) such payments in any one year may not exceed
22        30% of the annual interest costs incurred by the
23        redeveloper with regard to the redevelopment project
24        during that year;
25            (C) if there are not sufficient funds available in
26        the special tax allocation fund to make the payment

 

 

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1        pursuant to this paragraph (11) then the amounts so
2        due shall accrue and be payable when sufficient funds
3        are available in the special tax allocation fund;
4            (D) the total of such interest payments paid
5        pursuant to this Act may not exceed 30% of the total
6        (i) cost paid or incurred by the redeveloper for the
7        redevelopment project plus (ii) redevelopment project
8        costs excluding any property assembly costs and any
9        relocation costs incurred by a municipality pursuant
10        to this Act;
11            (E) the cost limits set forth in subparagraphs (B)
12        and (D) of paragraph (11) shall be modified for the
13        financing of rehabilitated or new housing units for
14        low-income households and very low-income households,
15        as defined in Section 3 of the Illinois Affordable
16        Housing Act. The percentage of 75% shall be
17        substituted for 30% in subparagraphs (B) and (D) of
18        paragraph (11); and
19            (F) instead of the eligible costs provided by
20        subparagraphs (B) and (D) of paragraph (11), as
21        modified by this subparagraph, and notwithstanding any
22        other provisions of this Act to the contrary, the
23        municipality may pay from tax increment revenues up to
24        50% of the cost of construction of new housing units to
25        be occupied by low-income households and very
26        low-income households as defined in Section 3 of the

 

 

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1        Illinois Affordable Housing Act. The cost of
2        construction of those units may be derived from the
3        proceeds of bonds issued by the municipality under
4        this Act or other constitutional or statutory
5        authority or from other sources of municipal revenue
6        that may be reimbursed from tax increment revenues or
7        the proceeds of bonds issued to finance the
8        construction of that housing.
9            The eligible costs provided under this
10        subparagraph (F) of paragraph (11) shall be an
11        eligible cost for the construction, renovation, and
12        rehabilitation of all low and very low-income housing
13        units, as defined in Section 3 of the Illinois
14        Affordable Housing Act, within the redevelopment
15        project area. If the low and very low-income units are
16        part of a residential redevelopment project that
17        includes units not affordable to low and very
18        low-income households, only the low and very
19        low-income units shall be eligible for benefits under
20        this subparagraph (F) of paragraph (11). The standards
21        for maintaining the occupancy by low-income households
22        and very low-income households, as defined in Section
23        3 of the Illinois Affordable Housing Act, of those
24        units constructed with eligible costs made available
25        under the provisions of this subparagraph (F) of
26        paragraph (11) shall be established by guidelines

 

 

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1        adopted by the municipality. The responsibility for
2        annually documenting the initial occupancy of the
3        units by low-income households and very low-income
4        households, as defined in Section 3 of the Illinois
5        Affordable Housing Act, shall be that of the then
6        current owner of the property. For ownership units,
7        the guidelines will provide, at a minimum, for a
8        reasonable recapture of funds, or other appropriate
9        methods designed to preserve the original
10        affordability of the ownership units. For rental
11        units, the guidelines will provide, at a minimum, for
12        the affordability of rent to low and very low-income
13        households. As units become available, they shall be
14        rented to income-eligible tenants. The municipality
15        may modify these guidelines from time to time; the
16        guidelines, however, shall be in effect for as long as
17        tax increment revenue is being used to pay for costs
18        associated with the units or for the retirement of
19        bonds issued to finance the units or for the life of
20        the redevelopment project area, whichever is later;
21        (11.5) If the redevelopment project area is located
22    within a municipality with a population of more than
23    100,000, the cost of day care services for children of
24    employees from low-income families working for businesses
25    located within the redevelopment project area and all or a
26    portion of the cost of operation of day care centers

 

 

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1    established by redevelopment project area businesses to
2    serve employees from low-income families working in
3    businesses located in the redevelopment project area. For
4    the purposes of this paragraph, "low-income families"
5    means families whose annual income does not exceed 80% of
6    the municipal, county, or regional median income, adjusted
7    for family size, as the annual income and municipal,
8    county, or regional median income are determined from time
9    to time by the United States Department of Housing and
10    Urban Development.
11        (12) Costs relating to the development of urban
12    agricultural areas under Division 15.2 of the Illinois
13    Municipal Code.
14    Unless explicitly stated herein the cost of construction
15of new privately-owned buildings shall not be an eligible
16redevelopment project cost.
17    After November 1, 1999 (the effective date of Public Act
1891-478), none of the redevelopment project costs enumerated in
19this subsection shall be eligible redevelopment project costs
20if those costs would provide direct financial support to a
21retail entity initiating operations in the redevelopment
22project area while terminating operations at another Illinois
23location within 10 miles of the redevelopment project area but
24outside the boundaries of the redevelopment project area
25municipality. For purposes of this paragraph, termination
26means a closing of a retail operation that is directly related

 

 

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1to the opening of the same operation or like retail entity
2owned or operated by more than 50% of the original ownership in
3a redevelopment project area, but it does not mean closing an
4operation for reasons beyond the control of the retail entity,
5as documented by the retail entity, subject to a reasonable
6finding by the municipality that the current location
7contained inadequate space, had become economically obsolete,
8or was no longer a viable location for the retailer or
9serviceman.
10    No cost shall be a redevelopment project cost in a
11redevelopment project area if used to demolish, remove, or
12substantially modify a historic resource, after August 26,
132008 (the effective date of Public Act 95-934), unless no
14prudent and feasible alternative exists. "Historic resource"
15for the purpose of this paragraph means (i) a place or
16structure that is included or eligible for inclusion on the
17National Register of Historic Places or (ii) a contributing
18structure in a district on the National Register of Historic
19Places. This paragraph does not apply to a place or structure
20for which demolition, removal, or modification is subject to
21review by the preservation agency of a Certified Local
22Government designated as such by the National Park Service of
23the United States Department of the Interior.
24    If a special service area has been established pursuant to
25the Special Service Area Tax Act or Special Service Area Tax
26Law, then any tax increment revenues derived from the tax

 

 

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1imposed pursuant to the Special Service Area Tax Act or
2Special Service Area Tax Law may be used within the
3redevelopment project area for the purposes permitted by that
4Act or Law as well as the purposes permitted by this Act.
5    (q-1) For redevelopment project areas created pursuant to
6subsection (p-1), redevelopment project costs are limited to
7those costs in paragraph (q) that are related to the existing
8or proposed Regional Transportation Authority Suburban Transit
9Access Route (STAR Line) station.
10    (q-2) For a transit facility improvement area established
11prior to, on, or after the effective date of this amendatory
12Act of the 102nd General Assembly: (i) "redevelopment project
13costs" means those costs described in subsection (q) that are
14related to the construction, reconstruction, rehabilitation,
15remodeling, or repair of any existing or proposed transit
16facility, whether that facility is located within or outside
17the boundaries of a redevelopment project area established
18within that transit facility improvement area (and, to the
19extent a redevelopment project cost is described in subsection
20(q) as incurred or estimated to be incurred with respect to a
21redevelopment project area, then it shall apply with respect
22to such transit facility improvement area); and (ii) the
23provisions of Section 11-74.4-8 regarding tax increment
24allocation financing for a redevelopment project area located
25in a transit facility improvement area shall apply only to the
26lots, blocks, tracts and parcels of real property that are

 

 

10200SB1822ham002- 53 -LRB102 15348 AWJ 27172 a

1located within the boundaries of that redevelopment project
2area and not to the lots, blocks, tracts, and parcels of real
3property that are located outside the boundaries of that
4redevelopment project area. For a redevelopment project area
5located within a transit facility improvement area established
6pursuant to Section 11-74.4-3.3, redevelopment project costs
7means those costs described in subsection (q) that are related
8to the construction, reconstruction, rehabilitation,
9remodeling, or repair of any existing or proposed transit
10facility.
11    (r) "State Sales Tax Boundary" means the redevelopment
12project area or the amended redevelopment project area
13boundaries which are determined pursuant to subsection (9) of
14Section 11-74.4-8a of this Act. The Department of Revenue
15shall certify pursuant to subsection (9) of Section 11-74.4-8a
16the appropriate boundaries eligible for the determination of
17State Sales Tax Increment.
18    (s) "State Sales Tax Increment" means an amount equal to
19the increase in the aggregate amount of taxes paid by
20retailers and servicemen, other than retailers and servicemen
21subject to the Public Utilities Act, on transactions at places
22of business located within a State Sales Tax Boundary pursuant
23to the Retailers' Occupation Tax Act, the Use Tax Act, the
24Service Use Tax Act, and the Service Occupation Tax Act,
25except such portion of such increase that is paid into the
26State and Local Sales Tax Reform Fund, the Local Government

 

 

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1Distributive Fund, the Local Government Tax Fund and the
2County and Mass Transit District Fund, for as long as State
3participation exists, over and above the Initial Sales Tax
4Amounts, Adjusted Initial Sales Tax Amounts or the Revised
5Initial Sales Tax Amounts for such taxes as certified by the
6Department of Revenue and paid under those Acts by retailers
7and servicemen on transactions at places of business located
8within the State Sales Tax Boundary during the base year which
9shall be the calendar year immediately prior to the year in
10which the municipality adopted tax increment allocation
11financing, less 3.0% of such amounts generated under the
12Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
13Act and the Service Occupation Tax Act, which sum shall be
14appropriated to the Department of Revenue to cover its costs
15of administering and enforcing this Section. For purposes of
16computing the aggregate amount of such taxes for base years
17occurring prior to 1985, the Department of Revenue shall
18compute the Initial Sales Tax Amount for such taxes and deduct
19therefrom an amount equal to 4% of the aggregate amount of
20taxes per year for each year the base year is prior to 1985,
21but not to exceed a total deduction of 12%. The amount so
22determined shall be known as the "Adjusted Initial Sales Tax
23Amount". For purposes of determining the State Sales Tax
24Increment the Department of Revenue shall for each period
25subtract from the tax amounts received from retailers and
26servicemen on transactions located in the State Sales Tax

 

 

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1Boundary, the certified Initial Sales Tax Amounts, Adjusted
2Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
3for the Retailers' Occupation Tax Act, the Use Tax Act, the
4Service Use Tax Act and the Service Occupation Tax Act. For the
5State Fiscal Year 1989 this calculation shall be made by
6utilizing the calendar year 1987 to determine the tax amounts
7received. For the State Fiscal Year 1990, this calculation
8shall be made by utilizing the period from January 1, 1988,
9until September 30, 1988, to determine the tax amounts
10received from retailers and servicemen, which shall have
11deducted therefrom nine-twelfths of the certified Initial
12Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
13Revised Initial Sales Tax Amounts as appropriate. For the
14State Fiscal Year 1991, this calculation shall be made by
15utilizing the period from October 1, 1988, until June 30,
161989, to determine the tax amounts received from retailers and
17servicemen, which shall have deducted therefrom nine-twelfths
18of the certified Initial State Sales Tax Amounts, Adjusted
19Initial Sales Tax Amounts or the Revised Initial Sales Tax
20Amounts as appropriate. For every State Fiscal Year
21thereafter, the applicable period shall be the 12 months
22beginning July 1 and ending on June 30, to determine the tax
23amounts received which shall have deducted therefrom the
24certified Initial Sales Tax Amounts, Adjusted Initial Sales
25Tax Amounts or the Revised Initial Sales Tax Amounts.
26Municipalities intending to receive a distribution of State

 

 

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1Sales Tax Increment must report a list of retailers to the
2Department of Revenue by October 31, 1988 and by July 31, of
3each year thereafter.
4    (t) "Taxing districts" means counties, townships, cities
5and incorporated towns and villages, school, road, park,
6sanitary, mosquito abatement, forest preserve, public health,
7fire protection, river conservancy, tuberculosis sanitarium
8and any other municipal corporations or districts with the
9power to levy taxes.
10    (u) "Taxing districts' capital costs" means those costs of
11taxing districts for capital improvements that are found by
12the municipal corporate authorities to be necessary and
13directly result from the redevelopment project.
14    (v) As used in subsection (a) of Section 11-74.4-3 of this
15Act, "vacant land" means any parcel or combination of parcels
16of real property without industrial, commercial, and
17residential buildings which has not been used for commercial
18agricultural purposes within 5 years prior to the designation
19of the redevelopment project area, unless the parcel is
20included in an industrial park conservation area or the parcel
21has been subdivided; provided that if the parcel was part of a
22larger tract that has been divided into 3 or more smaller
23tracts that were accepted for recording during the period from
241950 to 1990, then the parcel shall be deemed to have been
25subdivided, and all proceedings and actions of the
26municipality taken in that connection with respect to any

 

 

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1previously approved or designated redevelopment project area
2or amended redevelopment project area are hereby validated and
3hereby declared to be legally sufficient for all purposes of
4this Act. For purposes of this Section and only for land
5subject to the subdivision requirements of the Plat Act, land
6is subdivided when the original plat of the proposed
7Redevelopment Project Area or relevant portion thereof has
8been properly certified, acknowledged, approved, and recorded
9or filed in accordance with the Plat Act and a preliminary
10plat, if any, for any subsequent phases of the proposed
11Redevelopment Project Area or relevant portion thereof has
12been properly approved and filed in accordance with the
13applicable ordinance of the municipality.
14    (w) "Annual Total Increment" means the sum of each
15municipality's annual Net Sales Tax Increment and each
16municipality's annual Net Utility Tax Increment. The ratio of
17the Annual Total Increment of each municipality to the Annual
18Total Increment for all municipalities, as most recently
19calculated by the Department, shall determine the proportional
20shares of the Illinois Tax Increment Fund to be distributed to
21each municipality.
22    (x) "LEED certified" means any certification level of
23construction elements by a qualified Leadership in Energy and
24Environmental Design Accredited Professional as determined by
25the U.S. Green Building Council.
26    (y) "Green Globes certified" means any certification level

 

 

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1of construction elements by a qualified Green Globes
2Professional as determined by the Green Building Initiative.
3(Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17;
4100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
 
5    (65 ILCS 5/11-74.4-3.3)
6    Sec. 11-74.4-3.3. Redevelopment project area within a
7transit facility improvement area.
8    (a) As used in this Section:
9    "Redevelopment project area" means the area identified in:
10the Chicago Union Station Master Plan; the Chicago Transit
11Authority's Red and Purple Modernization Program; the Chicago
12Transit Authority's Red Line Extension Program; and the
13Chicago Transit Authority's Blue Line Modernization and
14Extension Program, each as may be amended from time to time
15after the effective date of this amendatory Act of the 99th
16General Assembly, and, in each case, regardless of whether all
17of the parcels of real property included in the redevelopment
18project area are adjacent to one another.
19    "Transit" means any one or more of the following
20transportation services provided to passengers: inter-city
21passenger rail service; commuter rail service; and urban mass
22transit rail service, whether elevated, underground, or
23running at grade, and whether provided through rolling stock
24generally referred to as heavy rail or light rail.
25    "Transit facility" means an existing or proposed transit

 

 

10200SB1822ham002- 59 -LRB102 15348 AWJ 27172 a

1passenger station, an existing or proposed transit
2maintenance, storage or service facility, or an existing or
3proposed right of way for use in providing transit services.
4    "Transit facility improvement area" means an area whose
5boundaries are no more than one-half mile in any direction
6from the location of a transit passenger station, or the
7existing or proposed right of way of transit facility, as
8applicable; provided that the length of any existing or
9proposed right of way or a transit passenger station included
10in any transit facility improvement area shall not exceed: 9
11miles for the Chicago Transit Authority's Blue Line
12Modernization and Extension Program; 17 miles for the Chicago
13Transit Authority's Red and Purple Modernization Program
14(running from Madison Street North to Linden Avenue); and 20
15miles for the Chicago Transit Authority's Red Line Extension
16Program (running from Madison Street South to 134th 130th
17Street (as extended)).
18    (b) Notwithstanding any other provision of law to the
19contrary, if the corporate authorities of a municipality
20designate an area within the territorial limits of the
21municipality as a transit facility improvement area, then that
22municipality may establish one or more redevelopment project
23areas within that transit facility improvement area for the
24purpose of developing new transit facilities, expanding or
25rehabilitating existing transit facilities, or both, within
26that transit facility improvement area. With respect to a

 

 

10200SB1822ham002- 60 -LRB102 15348 AWJ 27172 a

1transit facility whose right of way is located in more than one
2municipality, each municipality may designate an area within
3its territorial limits as a transit facility improvement area
4and may establish a redevelopment project area for each of the
5qualifying projects identified in subsection (a) of this
6Section.
7    Notwithstanding any other provision of law, on and after
8the effective date of this amendatory Act of the 102nd General
9Assembly, the following provisions apply to transit facility
10improvement areas, and to redevelopment project areas located
11in a transit facility improvement area, established prior to,
12on, or after the effective date of this amendatory Act of the
13102nd General Assembly:
14        (1) A redevelopment project area established within a
15    transit facility improvement area whose boundaries satisfy
16    the requirements of this Section shall be deemed to
17    satisfy the contiguity requirements of subsection (a) of
18    Section 11-74.4-4, regardless of whether all of the
19    parcels of real property included in the redevelopment
20    project area are adjacent to one another.
21        (2) Item (1) applies through and including the
22    completion date of the redevelopment project located
23    within the transit facility improvement area established
24    pursuant to Section 11-74.4-3.3 and the date of retirement
25    of obligations issued to finance redevelopment project
26    costs, all in accordance with subsection (a-5) of Section

 

 

10200SB1822ham002- 61 -LRB102 15348 AWJ 27172 a

1    11-74.4-3.5.
2(Source: P.A. 99-792, eff. 8-12-16.)
 
3    (65 ILCS 5/11-74.4-3.5)
4    Sec. 11-74.4-3.5. Completion dates for redevelopment
5projects.
6    (a) Unless otherwise stated in this Section, the estimated
7dates of completion of the redevelopment project and
8retirement of obligations issued to finance redevelopment
9project costs (including refunding bonds under Section
1011-74.4-7) may not be later than December 31 of the year in
11which the payment to the municipal treasurer, as provided in
12subsection (b) of Section 11-74.4-8 of this Act, is to be made
13with respect to ad valorem taxes levied in the 23rd calendar
14year after the year in which the ordinance approving the
15redevelopment project area was adopted if the ordinance was
16adopted on or after January 15, 1981.
17    (a-5) If the redevelopment project area is located within
18a transit facility improvement area established pursuant to
19Section 11-74.4-3, the estimated dates of completion of the
20redevelopment project and retirement of obligations issued to
21finance redevelopment project costs (including refunding bonds
22under Section 11-74.4-7) may not be later than December 31 of
23the year in which the payment to the municipal treasurer, as
24provided in subsection (b) of Section 11-74.4-8 of this Act,
25is to be made with respect to ad valorem taxes levied in the

 

 

10200SB1822ham002- 62 -LRB102 15348 AWJ 27172 a

135th calendar year after the year in which the ordinance
2approving the redevelopment project area was adopted.
3    (a-7) A municipality may adopt tax increment financing for
4a redevelopment project area located in a transit facility
5improvement area that also includes real property located
6within an existing redevelopment project area established
7prior to August 12, 2016 (the effective date of Public Act
899-792). In such case: (i) the provisions of this Division
9shall apply with respect to the previously established
10redevelopment project area until the municipality adopts, as
11required in accordance with applicable provisions of this
12Division, an ordinance dissolving the special tax allocation
13fund for such redevelopment project area and terminating the
14designation of such redevelopment project area as a
15redevelopment project area; and (ii) after the effective date
16of the ordinance described in (i), the provisions of this
17Division shall apply with respect to the subsequently
18established redevelopment project area located in a transit
19facility improvement area.
20    (b) The estimated dates of completion of the redevelopment
21project and retirement of obligations issued to finance
22redevelopment project costs (including refunding bonds under
23Section 11-74.4-7) may not be later than December 31 of the
24year in which the payment to the municipal treasurer as
25provided in subsection (b) of Section 11-74.4-8 of this Act is
26to be made with respect to ad valorem taxes levied in the 32nd

 

 

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1calendar year after the year in which the ordinance approving
2the redevelopment project area was adopted if the ordinance
3was adopted on September 9, 1999 by the Village of Downs.
4    The estimated dates of completion of the redevelopment
5project and retirement of obligations issued to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may not be later than December 31 of the
8year in which the payment to the municipal treasurer as
9provided in subsection (b) of Section 11-74.4-8 of this Act is
10to be made with respect to ad valorem taxes levied in the 33rd
11calendar year after the year in which the ordinance approving
12the redevelopment project area was adopted if the ordinance
13was adopted on May 20, 1985 by the Village of Wheeling.
14    The estimated dates of completion of the redevelopment
15project and retirement of obligations issued to finance
16redevelopment project costs (including refunding bonds under
17Section 11-74.4-7) may not be later than December 31 of the
18year in which the payment to the municipal treasurer as
19provided in subsection (b) of Section 11-74.4-8 of this Act is
20to be made with respect to ad valorem taxes levied in the 28th
21calendar year after the year in which the ordinance approving
22the redevelopment project area was adopted if the ordinance
23was adopted on October 12, 1989 by the City of Lawrenceville.
24    (c) The estimated dates of completion of the redevelopment
25project and retirement of obligations issued to finance
26redevelopment project costs (including refunding bonds under

 

 

10200SB1822ham002- 64 -LRB102 15348 AWJ 27172 a

1Section 11-74.4-7) may not be later than December 31 of the
2year in which the payment to the municipal treasurer as
3provided in subsection (b) of Section 11-74.4-8 of this Act is
4to be made with respect to ad valorem taxes levied in the 35th
5calendar year after the year in which the ordinance approving
6the redevelopment project area was adopted:
7        (1) If the ordinance was adopted before January 15,
8    1981.
9        (2) If the ordinance was adopted in December 1983,
10    April 1984, July 1985, or December 1989.
11        (3) If the ordinance was adopted in December 1987 and
12    the redevelopment project is located within one mile of
13    Midway Airport.
14        (4) If the ordinance was adopted before January 1,
15    1987 by a municipality in Mason County.
16        (5) If the municipality is subject to the Local
17    Government Financial Planning and Supervision Act or the
18    Financially Distressed City Law.
19        (6) If the ordinance was adopted in December 1984 by
20    the Village of Rosemont.
21        (7) If the ordinance was adopted on December 31, 1986
22    by a municipality located in Clinton County for which at
23    least $250,000 of tax increment bonds were authorized on
24    June 17, 1997, or if the ordinance was adopted on December
25    31, 1986 by a municipality with a population in 1990 of
26    less than 3,600 that is located in a county with a

 

 

10200SB1822ham002- 65 -LRB102 15348 AWJ 27172 a

1    population in 1990 of less than 34,000 and for which at
2    least $250,000 of tax increment bonds were authorized on
3    June 17, 1997.
4        (8) If the ordinance was adopted on October 5, 1982 by
5    the City of Kankakee, or if the ordinance was adopted on
6    December 29, 1986 by East St. Louis.
7        (9) If the ordinance was adopted on November 12, 1991
8    by the Village of Sauget.
9        (10) If the ordinance was adopted on February 11, 1985
10    by the City of Rock Island.
11        (11) If the ordinance was adopted before December 18,
12    1986 by the City of Moline.
13        (12) If the ordinance was adopted in September 1988 by
14    Sauk Village.
15        (13) If the ordinance was adopted in October 1993 by
16    Sauk Village.
17        (14) If the ordinance was adopted on December 29, 1986
18    by the City of Galva.
19        (15) If the ordinance was adopted in March 1991 by the
20    City of Centreville.
21        (16) If the ordinance was adopted on January 23, 1991
22    by the City of East St. Louis.
23        (17) If the ordinance was adopted on December 22, 1986
24    by the City of Aledo.
25        (18) If the ordinance was adopted on February 5, 1990
26    by the City of Clinton.

 

 

10200SB1822ham002- 66 -LRB102 15348 AWJ 27172 a

1        (19) If the ordinance was adopted on September 6, 1994
2    by the City of Freeport.
3        (20) If the ordinance was adopted on December 22, 1986
4    by the City of Tuscola.
5        (21) If the ordinance was adopted on December 23, 1986
6    by the City of Sparta.
7        (22) If the ordinance was adopted on December 23, 1986
8    by the City of Beardstown.
9        (23) If the ordinance was adopted on April 27, 1981,
10    October 21, 1985, or December 30, 1986 by the City of
11    Belleville.
12        (24) If the ordinance was adopted on December 29, 1986
13    by the City of Collinsville.
14        (25) If the ordinance was adopted on September 14,
15    1994 by the City of Alton.
16        (26) If the ordinance was adopted on November 11, 1996
17    by the City of Lexington.
18        (27) If the ordinance was adopted on November 5, 1984
19    by the City of LeRoy.
20        (28) If the ordinance was adopted on April 3, 1991 or
21    June 3, 1992 by the City of Markham.
22        (29) If the ordinance was adopted on November 11, 1986
23    by the City of Pekin.
24        (30) If the ordinance was adopted on December 15, 1981
25    by the City of Champaign.
26        (31) If the ordinance was adopted on December 15, 1986

 

 

10200SB1822ham002- 67 -LRB102 15348 AWJ 27172 a

1    by the City of Urbana.
2        (32) If the ordinance was adopted on December 15, 1986
3    by the Village of Heyworth.
4        (33) If the ordinance was adopted on February 24, 1992
5    by the Village of Heyworth.
6        (34) If the ordinance was adopted on March 16, 1995 by
7    the Village of Heyworth.
8        (35) If the ordinance was adopted on December 23, 1986
9    by the Town of Cicero.
10        (36) If the ordinance was adopted on December 30, 1986
11    by the City of Effingham.
12        (37) If the ordinance was adopted on May 9, 1991 by the
13    Village of Tilton.
14        (38) If the ordinance was adopted on October 20, 1986
15    by the City of Elmhurst.
16        (39) If the ordinance was adopted on January 19, 1988
17    by the City of Waukegan.
18        (40) If the ordinance was adopted on September 21,
19    1998 by the City of Waukegan.
20        (41) If the ordinance was adopted on December 31, 1986
21    by the City of Sullivan.
22        (42) If the ordinance was adopted on December 23, 1991
23    by the City of Sullivan.
24        (43) If the ordinance was adopted on December 31, 1986
25    by the City of Oglesby.
26        (44) If the ordinance was adopted on July 28, 1987 by

 

 

10200SB1822ham002- 68 -LRB102 15348 AWJ 27172 a

1    the City of Marion.
2        (45) If the ordinance was adopted on April 23, 1990 by
3    the City of Marion.
4        (46) If the ordinance was adopted on August 20, 1985
5    by the Village of Mount Prospect.
6        (47) If the ordinance was adopted on February 2, 1998
7    by the Village of Woodhull.
8        (48) If the ordinance was adopted on April 20, 1993 by
9    the Village of Princeville.
10        (49) If the ordinance was adopted on July 1, 1986 by
11    the City of Granite City.
12        (50) If the ordinance was adopted on February 2, 1989
13    by the Village of Lombard.
14        (51) If the ordinance was adopted on December 29, 1986
15    by the Village of Gardner.
16        (52) If the ordinance was adopted on July 14, 1999 by
17    the Village of Paw Paw.
18        (53) If the ordinance was adopted on November 17, 1986
19    by the Village of Franklin Park.
20        (54) If the ordinance was adopted on November 20, 1989
21    by the Village of South Holland.
22        (55) If the ordinance was adopted on July 14, 1992 by
23    the Village of Riverdale.
24        (56) If the ordinance was adopted on December 29, 1986
25    by the City of Galesburg.
26        (57) If the ordinance was adopted on April 1, 1985 by

 

 

10200SB1822ham002- 69 -LRB102 15348 AWJ 27172 a

1    the City of Galesburg.
2        (58) If the ordinance was adopted on May 21, 1990 by
3    the City of West Chicago.
4        (59) If the ordinance was adopted on December 16, 1986
5    by the City of Oak Forest.
6        (60) If the ordinance was adopted in 1999 by the City
7    of Villa Grove.
8        (61) If the ordinance was adopted on January 13, 1987
9    by the Village of Mt. Zion.
10        (62) If the ordinance was adopted on December 30, 1986
11    by the Village of Manteno.
12        (63) If the ordinance was adopted on April 3, 1989 by
13    the City of Chicago Heights.
14        (64) If the ordinance was adopted on January 6, 1999
15    by the Village of Rosemont.
16        (65) If the ordinance was adopted on December 19, 2000
17    by the Village of Stone Park.
18        (66) If the ordinance was adopted on December 22, 1986
19    by the City of DeKalb.
20        (67) If the ordinance was adopted on December 2, 1986
21    by the City of Aurora.
22        (68) If the ordinance was adopted on December 31, 1986
23    by the Village of Milan.
24        (69) If the ordinance was adopted on September 8, 1994
25    by the City of West Frankfort.
26        (70) If the ordinance was adopted on December 23, 1986

 

 

10200SB1822ham002- 70 -LRB102 15348 AWJ 27172 a

1    by the Village of Libertyville.
2        (71) If the ordinance was adopted on December 22, 1986
3    by the Village of Hoffman Estates.
4        (72) If the ordinance was adopted on September 17,
5    1986 by the Village of Sherman.
6        (73) If the ordinance was adopted on December 16, 1986
7    by the City of Macomb.
8        (74) If the ordinance was adopted on June 11, 2002 by
9    the City of East Peoria to create the West Washington
10    Street TIF.
11        (75) If the ordinance was adopted on June 11, 2002 by
12    the City of East Peoria to create the Camp Street TIF.
13        (76) If the ordinance was adopted on August 7, 2000 by
14    the City of Des Plaines.
15        (77) If the ordinance was adopted on December 22, 1986
16    by the City of Washington to create the Washington Square
17    TIF #2.
18        (78) If the ordinance was adopted on December 29, 1986
19    by the City of Morris.
20        (79) If the ordinance was adopted on July 6, 1998 by
21    the Village of Steeleville.
22        (80) If the ordinance was adopted on December 29, 1986
23    by the City of Pontiac to create TIF I (the Main St TIF).
24        (81) If the ordinance was adopted on December 29, 1986
25    by the City of Pontiac to create TIF II (the Interstate
26    TIF).

 

 

10200SB1822ham002- 71 -LRB102 15348 AWJ 27172 a

1        (82) If the ordinance was adopted on November 6, 2002
2    by the City of Chicago to create the Madden/Wells TIF
3    District.
4        (83) If the ordinance was adopted on November 4, 1998
5    by the City of Chicago to create the Roosevelt/Racine TIF
6    District.
7        (84) If the ordinance was adopted on June 10, 1998 by
8    the City of Chicago to create the Stony Island
9    Commercial/Burnside Industrial Corridors TIF District.
10        (85) If the ordinance was adopted on November 29, 1989
11    by the City of Chicago to create the Englewood Mall TIF
12    District.
13        (86) If the ordinance was adopted on December 27, 1986
14    by the City of Mendota.
15        (87) If the ordinance was adopted on December 31, 1986
16    by the Village of Cahokia.
17        (88) If the ordinance was adopted on September 20,
18    1999 by the City of Belleville.
19        (89) If the ordinance was adopted on December 30, 1986
20    by the Village of Bellevue to create the Bellevue TIF
21    District 1.
22        (90) If the ordinance was adopted on December 13, 1993
23    by the Village of Crete.
24        (91) If the ordinance was adopted on February 12, 2001
25    by the Village of Crete.
26        (92) If the ordinance was adopted on April 23, 2001 by

 

 

10200SB1822ham002- 72 -LRB102 15348 AWJ 27172 a

1    the Village of Crete.
2        (93) If the ordinance was adopted on December 16, 1986
3    by the City of Champaign.
4        (94) If the ordinance was adopted on December 20, 1986
5    by the City of Charleston.
6        (95) If the ordinance was adopted on June 6, 1989 by
7    the Village of Romeoville.
8        (96) If the ordinance was adopted on October 14, 1993
9    and amended on August 2, 2010 by the City of Venice.
10        (97) If the ordinance was adopted on June 1, 1994 by
11    the City of Markham.
12        (98) If the ordinance was adopted on May 19, 1998 by
13    the Village of Bensenville.
14        (99) If the ordinance was adopted on November 12, 1987
15    by the City of Dixon.
16        (100) If the ordinance was adopted on December 20,
17    1988 by the Village of Lansing.
18        (101) If the ordinance was adopted on October 27, 1998
19    by the City of Moline.
20        (102) If the ordinance was adopted on May 21, 1991 by
21    the Village of Glenwood.
22        (103) If the ordinance was adopted on January 28, 1992
23    by the City of East Peoria.
24        (104) If the ordinance was adopted on December 14,
25    1998 by the City of Carlyle.
26        (105) If the ordinance was adopted on May 17, 2000, as

 

 

10200SB1822ham002- 73 -LRB102 15348 AWJ 27172 a

1    subsequently amended, by the City of Chicago to create the
2    Midwest Redevelopment TIF District.
3        (106) If the ordinance was adopted on September 13,
4    1989 by the City of Chicago to create the Michigan/Cermak
5    Area TIF District.
6        (107) If the ordinance was adopted on March 30, 1992
7    by the Village of Ohio.
8        (108) If the ordinance was adopted on July 6, 1998 by
9    the Village of Orangeville.
10        (109) If the ordinance was adopted on December 16,
11    1997 by the Village of Germantown.
12        (110) If the ordinance was adopted on April 28, 2003
13    by Gibson City.
14        (111) If the ordinance was adopted on December 18,
15    1990 by the Village of Washington Park, but only after the
16    Village of Washington Park becomes compliant with the
17    reporting requirements under subsection (d) of Section
18    11-74.4-5, and after the State Comptroller's certification
19    of such compliance.
20        (112) If the ordinance was adopted on February 28,
21    2000 by the City of Harvey.
22        (113) If the ordinance was adopted on January 11, 1991
23    by the City of Chicago to create the Read/Dunning TIF
24    District.
25        (114) If the ordinance was adopted on July 24, 1991 by
26    the City of Chicago to create the Sanitary and Ship Canal

 

 

10200SB1822ham002- 74 -LRB102 15348 AWJ 27172 a

1    TIF District.
2        (115) If the ordinance was adopted on December 4, 2007
3    by the City of Naperville.
4        (116) If the ordinance was adopted on July 1, 2002 by
5    the Village of Arlington Heights.
6        (117) If the ordinance was adopted on February 11,
7    1991 by the Village of Machesney Park.
8        (118) If the ordinance was adopted on December 29,
9    1993 by the City of Ottawa.
10        (119) If the ordinance was adopted on June 4, 1991 by
11    the Village of Lansing.
12        (120) If the ordinance was adopted on February 10,
13    2004 by the Village of Fox Lake.
14        (121) If the ordinance was adopted on December 22,
15    1992 by the City of Fairfield.
16        (122) If the ordinance was adopted on February 10,
17    1992 by the City of Mt. Sterling.
18        (123) If the ordinance was adopted on March 15, 2004
19    by the City of Batavia.
20        (124) If the ordinance was adopted on March 18, 2002
21    by the Village of Lake Zurich.
22        (125) If the ordinance was adopted on September 23,
23    1997 by the City of Granite City.
24        (126) If the ordinance was adopted on May 8, 2013 by
25    the Village of Rosemont to create the Higgins Road/River
26    Road TIF District No. 6.

 

 

10200SB1822ham002- 75 -LRB102 15348 AWJ 27172 a

1        (127) If the ordinance was adopted on November 22,
2    1993 by the City of Arcola.
3        (128) If the ordinance was adopted on September 7,
4    2004 by the City of Arcola.
5        (129) If the ordinance was adopted on November 29,
6    1999 by the City of Paris.
7        (130) If the ordinance was adopted on September 20,
8    1994 by the City of Ottawa to create the U.S. Route 6 East
9    Ottawa TIF.
10        (131) If the ordinance was adopted on May 2, 2002 by
11    the Village of Crestwood.
12        (132) If the ordinance was adopted on October 27, 1992
13    by the City of Blue Island.
14        (133) If the ordinance was adopted on December 23,
15    1993 by the City of Lacon.
16        (134) If the ordinance was adopted on May 4, 1998 by
17    the Village of Bradford.
18        (135) If the ordinance was adopted on June 11, 2002 by
19    the City of Oak Forest.
20        (136) If the ordinance was adopted on November 16,
21    1992 by the City of Pinckneyville.
22        (137) If the ordinance was adopted on March 1, 2001 by
23    the Village of South Jacksonville.
24        (138) If the ordinance was adopted on February 26,
25    1992 by the City of Chicago to create the Stockyards
26    Southeast Quadrant TIF District.

 

 

10200SB1822ham002- 76 -LRB102 15348 AWJ 27172 a

1        (139) If the ordinance was adopted on January 25, 1993
2    by the City of LaSalle.
3        (140) If the ordinance was adopted on December 23,
4    1997 by the Village of Dieterich.
5        (141) If the ordinance was adopted on February 10,
6    2016 by the Village of Rosemont to create the
7    Balmoral/Pearl TIF No. 8 Tax Increment Financing
8    Redevelopment Project Area.
9        (142) If the ordinance was adopted on June 11, 2002 by
10    the City of Oak Forest.
11        (143) If the ordinance was adopted on January 31, 1995
12    by the Village of Milledgeville.
13        (144) If the ordinance was adopted on February 5, 1996
14    by the Village of Pearl City.
15        (145) If the ordinance was adopted on December 21,
16    1994 by the City of Calumet City.
17        (146) If the ordinance was adopted on May 5, 2003 by
18    the Town of Normal.
19        (147) If the ordinance was adopted on June 2, 1998 by
20    the City of Litchfield.
21        (148) If the ordinance was adopted on October 23, 1995
22    by the City of Marion.
23        (149) If the ordinance was adopted on May 24, 2001 by
24    the Village of Hanover Park.
25        (150) If the ordinance was adopted on May 30, 1995 by
26    the Village of Dalzell.

 

 

10200SB1822ham002- 77 -LRB102 15348 AWJ 27172 a

1        (151) If the ordinance was adopted on April 15, 1997
2    by the City of Edwardsville.
3        (152) If the ordinance was adopted on September 5,
4    1995 by the City of Granite City.
5        (153) If the ordinance was adopted on June 21, 1999 by
6    the Village of Table Grove.
7        (154) If the ordinance was adopted on February 23,
8    1995 by the City of Springfield.
9        (155) If the ordinance was adopted on August 11, 1999
10    by the City of Monmouth.
11        (156) If the ordinance was adopted on December 26,
12    1995 by the Village of Posen.
13        (157) If the ordinance was adopted on July 1, 1995 by
14    the Village of Caseyville.
15        (158) If the ordinance was adopted on January 30, 1996
16    by the City of Madison.
17        (159) If the ordinance was adopted on February 2, 1996
18    by the Village of Hartford.
19        (160) If the ordinance was adopted on July 2, 1996 by
20    the Village of Manlius.
21        (161) If the ordinance was adopted on March 21, 2000
22    by the City of Hoopeston.
23        (162) If the ordinance was adopted on March 22, 2005
24    by the City of Hoopeston.
25        (163) If the ordinance was adopted on July 10, 1996 by
26    the City of Chicago to create the Goose Island TIF

 

 

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1    District.
2        (164) If the ordinance was adopted on December 11,
3    1996 by the City of Chicago to create the Bryn
4    Mawr/Broadway TIF District.
5        (165) If the ordinance was adopted on December 31,
6    1995 by the City of Chicago to create the 95th/Western TIF
7    District.
8        (166) If the ordinance was adopted on October 7, 1998
9    by the City of Chicago to create the 71st and Stony Island
10    TIF District.
11        (167) If the ordinance was adopted on April 19, 1995
12    by the Village of North Utica.
13        (168) If the ordinance was adopted on April 22, 1996
14    by the City of LaSalle.
15        (169) If the ordinance was adopted on June 9, 2008 by
16    the City of Country Club Hills.
17        (170) If the ordinance was adopted on July 3, 1996 by
18    the Village of Phoenix.
19        (171) If the ordinance was adopted on May 19, 1997 by
20    the Village of Swansea.
21        (172) If the ordinance was adopted on August 13, 2001
22    by the Village of Saunemin.
23        (173) If the ordinance was adopted on January 10, 2005
24    by the Village of Romeoville.
25        (174) If the ordinance was adopted on January 28, 1997
26    by the City of Berwyn for the South Berwyn Corridor Tax

 

 

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1    Increment Financing District.
2        (175) If the ordinance was adopted on January 28, 1997
3    by the City of Berwyn for the Roosevelt Road Tax Increment
4    Financing District.
5        (176) If the ordinance was adopted on May 3, 2001 by
6    the Village of Hanover Park for the Village Center Tax
7    Increment Financing Redevelopment Project Area (TIF # 3).
8        (177) If the ordinance was adopted on January 1, 1996
9    by the City of Savanna.
10        (178) If the ordinance was adopted on January 28, 2002
11    by the Village of Okawville.
12        (179) If the ordinance was adopted on October 4, 1999
13    by the City of Vandalia.
14        (180) If the ordinance was adopted on June 16, 2003 by
15    the City of Rushville.
16        (181) If the ordinance was adopted on December 7, 1998
17    by the City of Quincy for the Central Business District
18    West Tax Increment Redevelopment Project Area.
19        (182) If the ordinance was adopted on March 27, 1997
20    by the Village of Maywood approving the Roosevelt Road TIF
21    District.
22        (183) If the ordinance was adopted on March 27, 1997
23    by the Village of Maywood approving the Madison
24    Street/Fifth Avenue TIF District.
25        (184) If the ordinance was adopted on November 10,
26    1997 by the Village of Park Forest.

 

 

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1        (185) If the ordinance was adopted on July 30, 1997 by
2    the City of Chicago to create the Near North TIF district.
3        (186) If the ordinance was adopted on December 1, 2000
4    by the Village of Mahomet.
5        (187) If the ordinance was adopted on June 16, 1999 by
6    the Village of Washburn.
7        (188) If the ordinance was adopted on August 19, 1998
8    by the Village of New Berlin.
9        (189) If the ordinance was adopted on February 5, 2002
10    by the City of Highwood.
11        (190) If the ordinance was adopted on June 1, 1997 by
12    the City of Flora.
13        (191) If the ordinance was adopted on November 21,
14    2000 by the City of Effingham.
15        (192) If the ordinance was adopted on January 28, 2003
16    by the City of Effingham.
17        (193) If the ordinance was adopted on February 4, 2008
18    by the City of Polo.
19        (194) If the ordinance was adopted on August 17, 2005
20    by the Village of Bellwood to create the Park Place TIF.
21        (195) If the ordinance was adopted on July 16, 2014 by
22    the Village of Bellwood to create the North-2014 TIF.
23        (196) If the ordinance was adopted on July 16, 2014 by
24    the Village of Bellwood to create the South-2014 TIF.
25        (197) If the ordinance was adopted on July 16, 2014 by
26    the Village of Bellwood to create the Central Metro-2014

 

 

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1    TIF.
2        (198) If the ordinance was adopted on September 17,
3    2014 by the Village of Bellwood to create the Addison
4    Creek "A" (Southwest)-2014 TIF.
5        (199) If the ordinance was adopted on September 17,
6    2014 by the Village of Bellwood to create the Addison
7    Creek "B" (Northwest)-2014 TIF.
8        (200) If the ordinance was adopted on September 17,
9    2014 by the Village of Bellwood to create the Addison
10    Creek "C" (Northeast)-2014 TIF.
11        (201) If the ordinance was adopted on September 17,
12    2014 by the Village of Bellwood to create the Addison
13    Creek "D" (Southeast)-2014 TIF.
14        (202) If the ordinance was adopted on June 26, 2007 by
15    the City of Peoria.
16        (203) If the ordinance was adopted on October 28, 2008
17    by the City of Peoria.
18        (204) If the ordinance was adopted on April 4, 2000 by
19    the City of Joliet to create the Joliet City Center TIF
20    District.
21        (205) If the ordinance was adopted on July 8, 1998 by
22    the City of Chicago to create the 43rd/Cottage Grove TIF
23    district.
24        (206) If the ordinance was adopted on July 8, 1998 by
25    the City of Chicago to create the 79th Street Corridor TIF
26    district.

 

 

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1        (207) If the ordinance was adopted on November 4, 1998
2    by the City of Chicago to create the Bronzeville TIF
3    district.
4        (208) If the ordinance was adopted on February 5, 1998
5    by the City of Chicago to create the Homan/Arthington TIF
6    district.
7        (209) If the ordinance was adopted on December 8, 1998
8    by the Village of Plainfield.
9    (d) For redevelopment project areas for which bonds were
10issued before July 29, 1991, or for which contracts were
11entered into before June 1, 1988, in connection with a
12redevelopment project in the area within the State Sales Tax
13Boundary, the estimated dates of completion of the
14redevelopment project and retirement of obligations to finance
15redevelopment project costs (including refunding bonds under
16Section 11-74.4-7) may be extended by municipal ordinance to
17December 31, 2013. The termination procedures of subsection
18(b) of Section 11-74.4-8 are not required for these
19redevelopment project areas in 2009 but are required in 2013.
20The extension allowed by Public Act 87-1272 shall not apply to
21real property tax increment allocation financing under Section
2211-74.4-8.
23    (e) Those dates, for purposes of real property tax
24increment allocation financing pursuant to Section 11-74.4-8
25only, shall be not more than 35 years for redevelopment
26project areas that were adopted on or after December 16, 1986

 

 

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1and for which at least $8 million worth of municipal bonds were
2authorized on or after December 19, 1989 but before January 1,
31990; provided that the municipality elects to extend the life
4of the redevelopment project area to 35 years by the adoption
5of an ordinance after at least 14 but not more than 30 days'
6written notice to the taxing bodies, that would otherwise
7constitute the joint review board for the redevelopment
8project area, before the adoption of the ordinance.
9    (f) Those dates, for purposes of real property tax
10increment allocation financing pursuant to Section 11-74.4-8
11only, shall be not more than 35 years for redevelopment
12project areas that were established on or after December 1,
131981 but before January 1, 1982 and for which at least
14$1,500,000 worth of tax increment revenue bonds were
15authorized on or after September 30, 1990 but before July 1,
161991; provided that the municipality elects to extend the life
17of the redevelopment project area to 35 years by the adoption
18of an ordinance after at least 14 but not more than 30 days'
19written notice to the taxing bodies, that would otherwise
20constitute the joint review board for the redevelopment
21project area, before the adoption of the ordinance.
22    (f-1) (Blank). Those dates, for purposes of real property
23tax increment allocation financing pursuant to Section
2411-74.4-8 only, shall be not more than 47 years for the
25redevelopment project area that was established on December
2631, 1986 by the Village of Cahokia if: (i) the Village of

 

 

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1Cahokia adopts an ordinance extending the life of the
2redevelopment project area to 47 years; and (ii) the Village
3of Cahokia provides notice to the taxing bodies that would
4otherwise constitute the joint review board for the
5redevelopment project area not more than 30 and not less than
614 days prior to the adoption of that ordinance.
7    (f-2) (Blank). Those dates, for purposes of real property
8tax increment allocation financing pursuant to Section
911-74.4-8 only, shall be not more than 47 years for the
10redevelopment project area that was established on December
1120, 1986 by the City of Charleston; provided that (i) the City
12of Charleston adopts an ordinance extending the life of the
13redevelopment project area to 47 years and (ii) the City of
14Charleston provides notice to the taxing bodies that would
15otherwise constitute the joint review board for the
16redevelopment project area not more than 30 and not less than
1714 days prior to the adoption of that ordinance.
18    (f-5) Those dates, for purposes of real property tax
19increment allocation financing pursuant to Section 11-74.4-8
20only, shall be not more than 47 years for redevelopment
21project areas listed in this subsection that were established
22on December 29, 1981 by the City of Springfield; provided that
23(i) the municipality City of Springfield adopts an ordinance
24extending the life of the redevelopment project area to 47
25years and (ii) the municipality City of Springfield provides
26notice to the taxing bodies that would otherwise constitute

 

 

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1the joint review board for the redevelopment project area not
2more than 30 and not less than 14 days prior to the adoption of
3that ordinance: .
4        (1) If the redevelopment project area was established
5    on December 29, 1981 by the City of Springfield.
6        (2) If the redevelopment project area was established
7    on December 31, 1986 by the Village of Cahokia.
8        (3) If the redevelopment project area was established
9    on December 20, 1986 by the City of Charleston.
10        (4) If the redevelopment project area was established
11    on December 23, 1986 by the City of Beardstown.
12        (5) If the redevelopment project area was established
13    on December 23, 1986 by the Town of Cicero.
14        (6) If the redevelopment project area was established
15    on December 29, 1986 by the City of East St. Louis.
16        (7) If the redevelopment project area was established
17    on January 23, 1991 by the City of East St. Louis.
18        (8) If the redevelopment project area was established
19    on December 29, 1986 by the Village of Gardner.
20        (9) If the redevelopment project area was established
21    on June 11, 2002 by the City of East Peoria to create the
22    West Washington Street TIF.
23    (g) In consolidating the material relating to completion
24dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
25it is not the intent of the General Assembly to make any
26substantive change in the law, except for the extension of the

 

 

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1completion dates for the City of Aurora, the Village of Milan,
2the City of West Frankfort, the Village of Libertyville, and
3the Village of Hoffman Estates set forth under items (67),
4(68), (69), (70), and (71) of subsection (c) of this Section.
5(Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
6100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff.
76-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18;
8100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff.
98-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18;
10100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff.
118-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18;
12101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff.
136-26-20; 101-662, eff. 4-2-21.)
 
14    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
15    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
16project areas. The changes made by this amendatory Act of the
1791st General Assembly do not apply to a municipality that, (i)
18before the effective date of this amendatory Act of the 91st
19General Assembly, has adopted an ordinance or resolution
20fixing a time and place for a public hearing under Section
2111-74.4-5 or (ii) before July 1, 1999, has adopted an
22ordinance or resolution providing for a feasibility study
23under Section 11-74.4-4.1, but has not yet adopted an
24ordinance approving redevelopment plans and redevelopment
25projects or designating redevelopment project areas under this

 

 

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1Section, until after that municipality adopts an ordinance
2approving redevelopment plans and redevelopment projects or
3designating redevelopment project areas under this Section;
4thereafter the changes made by this amendatory Act of the 91st
5General Assembly apply to the same extent that they apply to
6redevelopment plans and redevelopment projects that were
7approved and redevelopment projects that were designated
8before the effective date of this amendatory Act of the 91st
9General Assembly.
10    A municipality may:
11        (a) By ordinance introduced in the governing body of
12    the municipality within 14 to 90 days from the completion
13    of the hearing specified in Section 11-74.4-5 approve
14    redevelopment plans and redevelopment projects, and
15    designate redevelopment project areas pursuant to notice
16    and hearing required by this Act. No redevelopment project
17    area shall be designated unless a plan and project are
18    approved prior to the designation of such area and such
19    area shall include only those contiguous parcels of real
20    property and improvements thereon substantially benefited
21    by the proposed redevelopment project improvements. Upon
22    adoption of the ordinances, the municipality shall
23    forthwith transmit to the county clerk of the county or
24    counties within which the redevelopment project area is
25    located a certified copy of the ordinances, a legal
26    description of the redevelopment project area, a map of

 

 

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1    the redevelopment project area, identification of the year
2    that the county clerk shall use for determining the total
3    initial equalized assessed value of the redevelopment
4    project area consistent with subsection (a) of Section
5    11-74.4-9, and a list of the parcel or tax identification
6    number of each parcel of property included in the
7    redevelopment project area.
8        (b) Make and enter into all contracts with property
9    owners, developers, tenants, overlapping taxing bodies,
10    and others necessary or incidental to the implementation
11    and furtherance of its redevelopment plan and project.
12    Contract provisions concerning loan repayment obligations
13    in contracts entered into on or after the effective date
14    of this amendatory Act of the 93rd General Assembly shall
15    terminate no later than the last to occur of the estimated
16    dates of completion of the redevelopment project and
17    retirement of the obligations issued to finance
18    redevelopment project costs as required by item (3) of
19    subsection (n) of Section 11-74.4-3. Payments received
20    under contracts entered into by the municipality prior to
21    the effective date of this amendatory Act of the 93rd
22    General Assembly that are received after the redevelopment
23    project area has been terminated by municipal ordinance
24    shall be deposited into a special fund of the municipality
25    to be used for other community redevelopment needs within
26    the redevelopment project area.

 

 

10200SB1822ham002- 89 -LRB102 15348 AWJ 27172 a

1        (c) Within a redevelopment project area, acquire by
2    purchase, donation, lease or eminent domain; own, convey,
3    lease, mortgage or dispose of land and other property,
4    real or personal, or rights or interests therein, and
5    grant or acquire licenses, easements and options with
6    respect thereto, all in the manner and at such price the
7    municipality determines is reasonably necessary to achieve
8    the objectives of the redevelopment plan and project. No
9    conveyance, lease, mortgage, disposition of land or other
10    property owned by a municipality, or agreement relating to
11    the development of such municipal property shall be made
12    except upon the adoption of an ordinance by the corporate
13    authorities of the municipality. Furthermore, no
14    conveyance, lease, mortgage, or other disposition of land
15    owned by a municipality or agreement relating to the
16    development of such municipal property shall be made
17    without making public disclosure of the terms of the
18    disposition and all bids and proposals made in response to
19    the municipality's request. The procedures for obtaining
20    such bids and proposals shall provide reasonable
21    opportunity for any person to submit alternative proposals
22    or bids.
23        (d) Within a redevelopment project area, clear any
24    area by demolition or removal of any existing buildings
25    and structures.
26        (e) Within a redevelopment project area, renovate or

 

 

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1    rehabilitate or construct any structure or building, as
2    permitted under this Act.
3        (f) Install, repair, construct, reconstruct or
4    relocate streets, utilities and site improvements
5    essential to the preparation of the redevelopment area for
6    use in accordance with a redevelopment plan.
7        (g) Within a redevelopment project area, fix, charge
8    and collect fees, rents and charges for the use of any
9    building or property owned or leased by it or any part
10    thereof, or facility therein.
11        (h) Accept grants, guarantees and donations of
12    property, labor, or other things of value from a public or
13    private source for use within a project redevelopment
14    area.
15        (i) Acquire and construct public facilities within a
16    redevelopment project area, as permitted under this Act.
17        (j) Incur project redevelopment costs and reimburse
18    developers who incur redevelopment project costs
19    authorized by a redevelopment agreement; provided,
20    however, that on and after the effective date of this
21    amendatory Act of the 91st General Assembly, no
22    municipality shall incur redevelopment project costs
23    (except for planning costs and any other eligible costs
24    authorized by municipal ordinance or resolution that are
25    subsequently included in the redevelopment plan for the
26    area and are incurred by the municipality after the

 

 

10200SB1822ham002- 91 -LRB102 15348 AWJ 27172 a

1    ordinance or resolution is adopted) that are not
2    consistent with the program for accomplishing the
3    objectives of the redevelopment plan as included in that
4    plan and approved by the municipality until the
5    municipality has amended the redevelopment plan as
6    provided elsewhere in this Act.
7        (k) Create a commission of not less than 5 or more than
8    15 persons to be appointed by the mayor or president of the
9    municipality with the consent of the majority of the
10    governing board of the municipality. Members of a
11    commission appointed after the effective date of this
12    amendatory Act of 1987 shall be appointed for initial
13    terms of 1, 2, 3, 4 and 5 years, respectively, in such
14    numbers as to provide that the terms of not more than 1/3
15    of all such members shall expire in any one year. Their
16    successors shall be appointed for a term of 5 years. The
17    commission, subject to approval of the corporate
18    authorities may exercise the powers enumerated in this
19    Section. The commission shall also have the power to hold
20    the public hearings required by this division and make
21    recommendations to the corporate authorities concerning
22    the adoption of redevelopment plans, redevelopment
23    projects and designation of redevelopment project areas.
24        (l) Make payment in lieu of taxes or a portion thereof
25    to taxing districts. If payments in lieu of taxes or a
26    portion thereof are made to taxing districts, those

 

 

10200SB1822ham002- 92 -LRB102 15348 AWJ 27172 a

1    payments shall be made to all districts within a project
2    redevelopment area on a basis which is proportional to the
3    current collections of revenue which each taxing district
4    receives from real property in the redevelopment project
5    area.
6        (m) Exercise any and all other powers necessary to
7    effectuate the purposes of this Act.
8        (n) If any member of the corporate authority, a member
9    of a commission established pursuant to Section
10    11-74.4-4(k) of this Act, or an employee or consultant of
11    the municipality involved in the planning and preparation
12    of a redevelopment plan, or project for a redevelopment
13    project area or proposed redevelopment project area, as
14    defined in Sections 11-74.4-3(i) through (k) of this Act,
15    owns or controls an interest, direct or indirect, in any
16    property included in any redevelopment area, or proposed
17    redevelopment area, he or she shall disclose the same in
18    writing to the clerk of the municipality, and shall also
19    so disclose the dates and terms and conditions of any
20    disposition of any such interest, which disclosures shall
21    be acknowledged by the corporate authorities and entered
22    upon the minute books of the corporate authorities. If an
23    individual holds such an interest then that individual
24    shall refrain from any further official involvement in
25    regard to such redevelopment plan, project or area, from
26    voting on any matter pertaining to such redevelopment

 

 

10200SB1822ham002- 93 -LRB102 15348 AWJ 27172 a

1    plan, project or area, or communicating with other members
2    concerning corporate authorities, commission or employees
3    concerning any matter pertaining to said redevelopment
4    plan, project or area. Furthermore, no such member or
5    employee shall acquire of any interest direct, or
6    indirect, in any property in a redevelopment area or
7    proposed redevelopment area after either (a) such
8    individual obtains knowledge of such plan, project or area
9    or (b) first public notice of such plan, project or area
10    pursuant to Section 11-74.4-6 of this Division, whichever
11    occurs first. For the purposes of this subsection, a
12    property interest acquired in a single parcel of property
13    by a member of the corporate authority, which property is
14    used exclusively as the member's primary residence, shall
15    not be deemed to constitute an interest in any property
16    included in a redevelopment area or proposed redevelopment
17    area that was established before December 31, 1989, but
18    the member must disclose the acquisition to the municipal
19    clerk under the provisions of this subsection. A single
20    property interest acquired within one year after the
21    effective date of this amendatory Act of the 94th General
22    Assembly or 2 years after the effective date of this
23    amendatory Act of the 95th General Assembly by a member of
24    the corporate authority does not constitute an interest in
25    any property included in any redevelopment area or
26    proposed redevelopment area, regardless of when the

 

 

10200SB1822ham002- 94 -LRB102 15348 AWJ 27172 a

1    redevelopment area was established, if (i) the property is
2    used exclusively as the member's primary residence, (ii)
3    the member discloses the acquisition to the municipal
4    clerk under the provisions of this subsection, (iii) the
5    acquisition is for fair market value, (iv) the member
6    acquires the property as a result of the property being
7    publicly advertised for sale, and (v) the member refrains
8    from voting on, and communicating with other members
9    concerning, any matter when the benefits to the
10    redevelopment project or area would be significantly
11    greater than the benefits to the municipality as a whole.
12    For the purposes of this subsection, a month-to-month
13    leasehold interest in a single parcel of property by a
14    member of the corporate authority shall not be deemed to
15    constitute an interest in any property included in any
16    redevelopment area or proposed redevelopment area, but the
17    member must disclose the interest to the municipal clerk
18    under the provisions of this subsection.
19        (o) Create a Tax Increment Economic Development
20    Advisory Committee to be appointed by the Mayor or
21    President of the municipality with the consent of the
22    majority of the governing board of the municipality, the
23    members of which Committee shall be appointed for initial
24    terms of 1, 2, 3, 4 and 5 years respectively, in such
25    numbers as to provide that the terms of not more than 1/3
26    of all such members shall expire in any one year. Their

 

 

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1    successors shall be appointed for a term of 5 years. The
2    Committee shall have none of the powers enumerated in this
3    Section. The Committee shall serve in an advisory capacity
4    only. The Committee may advise the governing Board of the
5    municipality and other municipal officials regarding
6    development issues and opportunities within the
7    redevelopment project area or the area within the State
8    Sales Tax Boundary. The Committee may also promote and
9    publicize development opportunities in the redevelopment
10    project area or the area within the State Sales Tax
11    Boundary.
12        (p) Municipalities may jointly undertake and perform
13    redevelopment plans and projects and utilize the
14    provisions of the Act wherever they have contiguous
15    redevelopment project areas or they determine to adopt tax
16    increment financing with respect to a redevelopment
17    project area which includes contiguous real property
18    within the boundaries of the municipalities, and in doing
19    so, they may, by agreement between municipalities, issue
20    obligations, separately or jointly, and expend revenues
21    received under the Act for eligible expenses anywhere
22    within contiguous redevelopment project areas or as
23    otherwise permitted in the Act. With respect to
24    redevelopment project areas that are established within a
25    transit facility improvement area, the provisions of this
26    subsection apply only with respect to such redevelopment

 

 

10200SB1822ham002- 96 -LRB102 15348 AWJ 27172 a

1    project areas that are contiguous to each other.
2        (q) Utilize revenues, other than State sales tax
3    increment revenues, received under this Act from one
4    redevelopment project area for eligible costs in another
5    redevelopment project area that is:
6            (i) contiguous to the redevelopment project area
7        from which the revenues are received;
8            (ii) separated only by a public right of way from
9        the redevelopment project area from which the revenues
10        are received; or
11            (iii) separated only by forest preserve property
12        from the redevelopment project area from which the
13        revenues are received if the closest boundaries of the
14        redevelopment project areas that are separated by the
15        forest preserve property are less than one mile apart.
16        Utilize tax increment revenues for eligible costs that
17    are received from a redevelopment project area created
18    under the Industrial Jobs Recovery Law that is either
19    contiguous to, or is separated only by a public right of
20    way from, the redevelopment project area created under
21    this Act which initially receives these revenues. Utilize
22    revenues, other than State sales tax increment revenues,
23    by transferring or loaning such revenues to a
24    redevelopment project area created under the Industrial
25    Jobs Recovery Law that is either contiguous to, or
26    separated only by a public right of way from the

 

 

10200SB1822ham002- 97 -LRB102 15348 AWJ 27172 a

1    redevelopment project area that initially produced and
2    received those revenues; and, if the redevelopment project
3    area (i) was established before the effective date of this
4    amendatory Act of the 91st General Assembly and (ii) is
5    located within a municipality with a population of more
6    than 100,000, utilize revenues or proceeds of obligations
7    authorized by Section 11-74.4-7 of this Act, other than
8    use or occupation tax revenues, to pay for any
9    redevelopment project costs as defined by subsection (q)
10    of Section 11-74.4-3 to the extent that the redevelopment
11    project costs involve public property that is either
12    contiguous to, or separated only by a public right of way
13    from, a redevelopment project area whether or not
14    redevelopment project costs or the source of payment for
15    the costs are specifically set forth in the redevelopment
16    plan for the redevelopment project area.
17        (r) If no redevelopment project has been initiated in
18    a redevelopment project area within 7 years after the area
19    was designated by ordinance under subsection (a), the
20    municipality shall adopt an ordinance repealing the area's
21    designation as a redevelopment project area; provided,
22    however, that if an area received its designation more
23    than 3 years before the effective date of this amendatory
24    Act of 1994 and no redevelopment project has been
25    initiated within 4 years after the effective date of this
26    amendatory Act of 1994, the municipality shall adopt an

 

 

10200SB1822ham002- 98 -LRB102 15348 AWJ 27172 a

1    ordinance repealing its designation as a redevelopment
2    project area. Initiation of a redevelopment project shall
3    be evidenced by either a signed redevelopment agreement or
4    expenditures on eligible redevelopment project costs
5    associated with a redevelopment project.
6        Notwithstanding any other provision of this Section to
7    the contrary, with respect to a redevelopment project area
8    designated by an ordinance that was adopted on July 29,
9    1998 by the City of Chicago, the City of Chicago shall
10    adopt an ordinance repealing the area's designation as a
11    redevelopment project area if no redevelopment project has
12    been initiated in the redevelopment project area within 15
13    years after the designation of the area. The City of
14    Chicago may retroactively repeal any ordinance adopted by
15    the City of Chicago, pursuant to this subsection (r), that
16    repealed the designation of a redevelopment project area
17    designated by an ordinance that was adopted by the City of
18    Chicago on July 29, 1998. The City of Chicago has 90 days
19    after the effective date of this amendatory Act to repeal
20    the ordinance. The changes to this Section made by this
21    amendatory Act of the 96th General Assembly apply
22    retroactively to July 27, 2005.
23        (s) The various powers and duties described in this
24    Section that apply to a redevelopment project area shall
25    also apply to a transit facility improvement area
26    established prior to, on, or after the effective date of

 

 

10200SB1822ham002- 99 -LRB102 15348 AWJ 27172 a

1    this amendatory Act of the 102nd General Assembly.
2(Source: P.A. 99-792, eff. 8-12-16.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".