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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||||||||
5 | changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-5, and | |||||||||||||||||||||||||
6 | 11-74.4-7 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 | |||||||||||||||||||||||||
9 | used or
referred to in this Division 74.4 shall have the | |||||||||||||||||||||||||
10 | following respective meanings,
unless in any case a different | |||||||||||||||||||||||||
11 | meaning clearly appears from the context.
| |||||||||||||||||||||||||
12 | (a) For any redevelopment project area that has been | |||||||||||||||||||||||||
13 | designated pursuant
to this
Section by an ordinance adopted | |||||||||||||||||||||||||
14 | prior to July 1, 2021 November 1, 1999 (the effective
date of | |||||||||||||||||||||||||
15 | Public Act
91-478) , "blighted area" shall have the meaning set
| |||||||||||||||||||||||||
16 | forth in this Section
prior to that date.
| |||||||||||||||||||||||||
17 | On and after July 1, 2021 November 1, 1999 ,
"blighted | |||||||||||||||||||||||||
18 | area" means any improved or vacant area within the boundaries
| |||||||||||||||||||||||||
19 | of a redevelopment project area located within the territorial | |||||||||||||||||||||||||
20 | limits of
the municipality where:
| |||||||||||||||||||||||||
21 | (1) If improved, industrial, commercial, and | |||||||||||||||||||||||||
22 | residential buildings or
improvements are detrimental to | |||||||||||||||||||||||||
23 | the public safety, health, or welfare
because of a |
| |||||||
| |||||||
1 | combination of 5 or more of the following factors, each of | ||||||
2 | which
is (i) present, with that presence documented, to a | ||||||
3 | meaningful extent so
that a municipality may reasonably | ||||||
4 | find that the factor is clearly
present within the intent | ||||||
5 | of the Act and (ii) reasonably distributed throughout
the | ||||||
6 | improved part of the redevelopment project area:
| ||||||
7 | (A) (Blank). Dilapidation. An advanced state of | ||||||
8 | disrepair or neglect of
necessary
repairs to the | ||||||
9 | primary structural components of buildings or | ||||||
10 | improvements in
such a combination that a documented | ||||||
11 | building condition analysis determines
that major | ||||||
12 | repair is required or the defects are so serious and so | ||||||
13 | extensive
that the buildings must be removed.
| ||||||
14 | (B) Obsolescence. The condition or process of | ||||||
15 | falling into disuse.
Structures have become ill-suited | ||||||
16 | for the original use.
| ||||||
17 | (C) (Blank). Deterioration. With respect to | ||||||
18 | buildings, defects
including, but not limited to, | ||||||
19 | major defects in
the secondary building components | ||||||
20 | such as doors, windows, porches, gutters and
| ||||||
21 | downspouts, and fascia. With respect to surface | ||||||
22 | improvements, that the
condition of roadways, alleys, | ||||||
23 | curbs, gutters, sidewalks, off-street parking,
and | ||||||
24 | surface storage areas evidence deterioration, | ||||||
25 | including, but not limited
to, surface cracking, | ||||||
26 | crumbling, potholes, depressions, loose paving |
| |||||||
| |||||||
1 | material,
and weeds protruding through paved surfaces.
| ||||||
2 | (D) (Blank). Presence of structures below minimum | ||||||
3 | code standards. All structures
that do not meet the | ||||||
4 | standards of zoning, subdivision, building, fire, and
| ||||||
5 | other governmental codes applicable to property, but | ||||||
6 | not including housing and
property maintenance codes.
| ||||||
7 | (E) Illegal use of individual structures. The use | ||||||
8 | of structures in
violation of applicable federal, | ||||||
9 | State, or local laws, exclusive of those
applicable to | ||||||
10 | the presence of structures below minimum code | ||||||
11 | standards.
| ||||||
12 | (F) (Blank). Excessive vacancies. The presence of
| ||||||
13 | buildings that are unoccupied or under-utilized and | ||||||
14 | that represent an adverse
influence on the area | ||||||
15 | because of the frequency, extent, or duration of the
| ||||||
16 | vacancies.
| ||||||
17 | (G) (Blank). Lack of ventilation, light, or | ||||||
18 | sanitary facilities. The absence of
adequate | ||||||
19 | ventilation for light or air circulation in spaces or | ||||||
20 | rooms without
windows, or that require the removal of | ||||||
21 | dust, odor, gas, smoke, or other
noxious airborne | ||||||
22 | materials. Inadequate natural light and ventilation | ||||||
23 | means
the absence of skylights or windows for interior | ||||||
24 | spaces or rooms and improper
window sizes and amounts | ||||||
25 | by room area to window area ratios. Inadequate
| ||||||
26 | sanitary facilities refers to the absence or |
| |||||||
| |||||||
1 | inadequacy of garbage storage and
enclosure,
bathroom | ||||||
2 | facilities, hot water and kitchens, and structural | ||||||
3 | inadequacies
preventing ingress and egress to and from | ||||||
4 | all rooms and units within a
building.
| ||||||
5 | (H) Inadequate utilities. Underground and overhead | ||||||
6 | utilities
such as storm sewers and storm drainage, | ||||||
7 | sanitary sewers, water lines, and
gas, telephone, and
| ||||||
8 | electrical services that are shown to be inadequate. | ||||||
9 | Inadequate utilities are
those that are: (i) of | ||||||
10 | insufficient capacity to serve the uses in the
| ||||||
11 | redevelopment project area, (ii) deteriorated,
| ||||||
12 | antiquated, obsolete, or in disrepair, or (iii) | ||||||
13 | lacking within the
redevelopment project area.
| ||||||
14 | (I) Excessive land coverage and overcrowding of | ||||||
15 | structures and community
facilities. The | ||||||
16 | over-intensive use of property and the crowding of | ||||||
17 | buildings
and accessory facilities onto a site. | ||||||
18 | Examples of problem conditions
warranting the | ||||||
19 | designation of an area as one exhibiting excessive | ||||||
20 | land coverage
are: (i) the presence of buildings | ||||||
21 | either improperly situated on parcels or
located
on | ||||||
22 | parcels of inadequate size and shape in relation to | ||||||
23 | present-day standards of
development for health and | ||||||
24 | safety and (ii) the presence of multiple buildings
on | ||||||
25 | a
single parcel. For there to be a finding of excessive | ||||||
26 | land coverage,
these parcels must exhibit one or more |
| |||||||
| |||||||
1 | of the following conditions:
insufficient provision | ||||||
2 | for
light and air within or around buildings, | ||||||
3 | increased threat of spread of fire
due to the close | ||||||
4 | proximity of buildings, lack of adequate or proper | ||||||
5 | access to a
public right-of-way, lack of reasonably | ||||||
6 | required off-street parking, or
inadequate provision | ||||||
7 | for loading and service.
| ||||||
8 | (J) (Blank). Deleterious land use or layout. The | ||||||
9 | existence of incompatible
land-use
relationships, | ||||||
10 | buildings occupied by inappropriate mixed-uses, or | ||||||
11 | uses
considered to be noxious, offensive, or | ||||||
12 | unsuitable for the
surrounding area.
| ||||||
13 | (K) Environmental clean-up. The proposed | ||||||
14 | redevelopment project area
has incurred Illinois | ||||||
15 | Environmental Protection Agency or United States
| ||||||
16 | Environmental Protection Agency remediation costs for, | ||||||
17 | or a study conducted by
an independent consultant | ||||||
18 | recognized as having expertise in environmental
| ||||||
19 | remediation has determined a need for, the
clean-up of | ||||||
20 | hazardous
waste, hazardous substances, or underground | ||||||
21 | storage tanks required by State or
federal law, | ||||||
22 | provided that the remediation costs constitute a | ||||||
23 | material
impediment to the development or | ||||||
24 | redevelopment of the redevelopment project
area.
| ||||||
25 | (L) (Blank). Lack of community planning. The | ||||||
26 | proposed redevelopment project area
was
developed |
| |||||||
| |||||||
1 | prior to or without the benefit or guidance of a | ||||||
2 | community plan.
This means that the development | ||||||
3 | occurred prior to the adoption by the
municipality of | ||||||
4 | a comprehensive or other community plan or that the | ||||||
5 | plan was
not followed at the time of the area's | ||||||
6 | development. This factor must be
documented by | ||||||
7 | evidence of adverse or incompatible land-use | ||||||
8 | relationships,
inadequate street layout, improper | ||||||
9 | subdivision, parcels of inadequate shape and
size to | ||||||
10 | meet contemporary development standards, or other | ||||||
11 | evidence
demonstrating
an absence of effective | ||||||
12 | community planning.
| ||||||
13 | (M) The total equalized assessed value of the | ||||||
14 | proposed redevelopment
project area has declined for 3 | ||||||
15 | of the last 5 calendar years
prior to the year in which | ||||||
16 | the redevelopment project area is designated .
or is | ||||||
17 | increasing at an
annual rate that is less
than the | ||||||
18 | balance of the municipality for 3 of the last 5 | ||||||
19 | calendar years
for which
information is available or | ||||||
20 | is increasing at an annual rate that is less than
the | ||||||
21 | Consumer Price Index
for All Urban Consumers published | ||||||
22 | by the United States Department of Labor or
successor | ||||||
23 | agency for 3 of the last 5 calendar years
prior to the | ||||||
24 | year in which the redevelopment project area is | ||||||
25 | designated.
| ||||||
26 | (N) The proposed redevelopment project area has |
| |||||||
| |||||||
1 | had an annual average unemployment rate of at least | ||||||
2 | 120% of the State's annual average unemployment rate | ||||||
3 | for the most recent calendar year that immediately | ||||||
4 | preceded the calendar year last reported by the | ||||||
5 | Department of Employment Security. | ||||||
6 | (O) The proposed redevelopment project area has a | ||||||
7 | poverty rate of at least: 20% according to the latest | ||||||
8 | federal decennial census; 50% or more of children in | ||||||
9 | the proposed redevelopment project area participate in | ||||||
10 | the federal free lunch program according to reported | ||||||
11 | statistics from the State Board of Education; or 20% | ||||||
12 | or more households in the proposed redevelopment | ||||||
13 | project area receive food stamps according to the | ||||||
14 | latest federal decennial census. | ||||||
15 | (2) If vacant, the sound growth of the redevelopment | ||||||
16 | project area
is impaired by a
combination of 2 or more of | ||||||
17 | the following factors, each of which
is (i) present, with | ||||||
18 | that presence documented, to a meaningful extent so
that
a | ||||||
19 | municipality may reasonably find that the factor is | ||||||
20 | clearly present
within the intent of the Act and (ii) | ||||||
21 | reasonably distributed throughout the
vacant part of the
| ||||||
22 | redevelopment project area to which it pertains:
| ||||||
23 | (A) (Blank). Obsolete platting of vacant land that | ||||||
24 | results in parcels of
limited or
narrow size or | ||||||
25 | configurations of parcels of irregular size or shape | ||||||
26 | that would
be difficult to develop on
a planned basis |
| |||||||
| |||||||
1 | and in a manner compatible with contemporary standards | ||||||
2 | and
requirements, or platting that failed to create | ||||||
3 | rights-of-ways for streets or
alleys or that created | ||||||
4 | inadequate right-of-way widths for streets, alleys, or
| ||||||
5 | other public rights-of-way or that omitted easements | ||||||
6 | for public utilities.
| ||||||
7 | (B) (Blank). Diversity of ownership of parcels of | ||||||
8 | vacant land sufficient in
number to
retard or impede | ||||||
9 | the ability to assemble the land for development.
| ||||||
10 | (C) Tax and special assessment delinquencies exist | ||||||
11 | or the property has
been the subject of tax sales under | ||||||
12 | the Property Tax Code within the last 5
years.
| ||||||
13 | (D) (Blank). Deterioration of structures or site | ||||||
14 | improvements in neighboring
areas adjacent to the | ||||||
15 | vacant land.
| ||||||
16 | (E) The area has incurred Illinois Environmental | ||||||
17 | Protection Agency or
United States Environmental | ||||||
18 | Protection Agency remediation costs for, or a study
| ||||||
19 | conducted by an independent consultant recognized as | ||||||
20 | having expertise in
environmental remediation has | ||||||
21 | determined a need for, the
clean-up of hazardous
| ||||||
22 | waste, hazardous substances, or underground storage | ||||||
23 | tanks required by State or
federal law, provided that | ||||||
24 | the remediation costs
constitute a material impediment | ||||||
25 | to the development or redevelopment of
the
| ||||||
26 | redevelopment project area.
|
| |||||||
| |||||||
1 | (F) The total equalized assessed value of the | ||||||
2 | proposed redevelopment
project area has declined for 3 | ||||||
3 | of the last 5 calendar years
prior to the year in which | ||||||
4 | the redevelopment project area is designated .
or is | ||||||
5 | increasing at an
annual rate that is less
than the | ||||||
6 | balance of the municipality for 3 of the last 5 | ||||||
7 | calendar years for
which information is available or | ||||||
8 | is increasing at an annual rate that is less
than
the | ||||||
9 | Consumer Price Index
for All Urban Consumers published | ||||||
10 | by the United States Department of Labor or
successor | ||||||
11 | agency for 3 of the last 5 calendar years
prior to the | ||||||
12 | year in which the redevelopment project area is | ||||||
13 | designated.
| ||||||
14 | (3) If vacant, the sound growth of the redevelopment | ||||||
15 | project area is
impaired by one of the
following factors | ||||||
16 | that (i) is present, with that presence documented, to a
| ||||||
17 | meaningful extent so that a municipality may reasonably | ||||||
18 | find that the factor is
clearly
present within the intent | ||||||
19 | of the Act and (ii) is reasonably distributed
throughout | ||||||
20 | the vacant part of the
redevelopment project area to which | ||||||
21 | it pertains:
| ||||||
22 | (A) The area consists of one or more unused | ||||||
23 | quarries, mines, or strip
mine ponds.
| ||||||
24 | (B) The area consists of unused rail yards, rail | ||||||
25 | tracks, or railroad
rights-of-way.
| ||||||
26 | (C) The area, prior to its designation, is subject |
| |||||||
| |||||||
1 | to (i) chronic
flooding
that adversely impacts on real | ||||||
2 | property in the area as certified by a
registered
| ||||||
3 | professional engineer or appropriate regulatory agency | ||||||
4 | or (ii) surface water
that
discharges from all or a | ||||||
5 | part of the area and contributes to flooding within
| ||||||
6 | the
same watershed, but only if the redevelopment | ||||||
7 | project provides for facilities
or
improvements to | ||||||
8 | contribute to the alleviation of all or part of the
| ||||||
9 | flooding.
| ||||||
10 | (D) The area consists of an unused or illegal | ||||||
11 | disposal site containing
earth,
stone, building | ||||||
12 | debris, or similar materials that were removed from
| ||||||
13 | construction, demolition, excavation, or dredge sites.
| ||||||
14 | (E) Prior to November 1, 1999, the area
is not less | ||||||
15 | than 50 nor more than 100 acres and 75%
of which is | ||||||
16 | vacant (notwithstanding that the area has been used
| ||||||
17 | for commercial agricultural purposes within 5 years | ||||||
18 | prior to the designation
of the redevelopment project | ||||||
19 | area), and the area meets at least one of
the factors | ||||||
20 | itemized in paragraph (1) of this subsection, the area
| ||||||
21 | has been designated as a town or village center by | ||||||
22 | ordinance or comprehensive
plan adopted prior to | ||||||
23 | January 1, 1982, and the area has not been developed
| ||||||
24 | for that designated purpose.
| ||||||
25 | (F) (Blank). The area qualified as a blighted | ||||||
26 | improved area immediately prior to
becoming vacant, |
| |||||||
| |||||||
1 | unless there has been substantial private investment | ||||||
2 | in the
immediately surrounding area.
| ||||||
3 | (b) For any redevelopment project area that has been | ||||||
4 | designated pursuant
to this
Section by an ordinance adopted | ||||||
5 | prior to July 1, 2021 November 1, 1999 (the effective
date of | ||||||
6 | Public Act
91-478) , "conservation area" shall have the meaning
| ||||||
7 | set forth in this
Section prior to that date.
| ||||||
8 | On and after July 1, 2021 November 1, 1999 ,
"conservation | ||||||
9 | area" means any improved area within the boundaries
of a | ||||||
10 | redevelopment project area located within the territorial | ||||||
11 | limits of
the municipality in which 50% or more of the | ||||||
12 | structures in the area have
an age of 35 years or more.
Such an | ||||||
13 | area is not yet a blighted area but
because of a combination of | ||||||
14 | 3 or more of the following factors is detrimental
to the public | ||||||
15 | safety, health, morals
or welfare and such an area may become a | ||||||
16 | blighted area:
| ||||||
17 | (1) (Blank). Dilapidation. An advanced state of | ||||||
18 | disrepair or neglect of
necessary
repairs to the primary | ||||||
19 | structural components of buildings or improvements in
such | ||||||
20 | a combination that a documented building condition | ||||||
21 | analysis determines
that major repair is required or the | ||||||
22 | defects are so serious and so extensive
that the buildings | ||||||
23 | must be removed.
| ||||||
24 | (2) Obsolescence. The condition or process of falling | ||||||
25 | into disuse.
Structures have become ill-suited for the | ||||||
26 | original use.
|
| |||||||
| |||||||
1 | (3) (Blank). Deterioration. With respect to buildings, | ||||||
2 | defects
including, but not limited to, major defects in
| ||||||
3 | the secondary building components such as doors, windows, | ||||||
4 | porches, gutters and
downspouts, and fascia. With respect | ||||||
5 | to surface improvements, that the
condition of roadways, | ||||||
6 | alleys, curbs, gutters, sidewalks, off-street parking,
and | ||||||
7 | surface storage areas evidence deterioration, including, | ||||||
8 | but not limited
to, surface cracking, crumbling, potholes, | ||||||
9 | depressions, loose paving material,
and weeds protruding | ||||||
10 | through paved surfaces.
| ||||||
11 | (4) (Blank). Presence of structures below minimum code | ||||||
12 | standards. All structures
that do not meet the standards | ||||||
13 | of zoning, subdivision, building, fire, and
other | ||||||
14 | governmental codes applicable to property, but not | ||||||
15 | including housing and
property maintenance codes.
| ||||||
16 | (5) Illegal use of individual structures. The use of | ||||||
17 | structures in
violation of applicable federal, State, or | ||||||
18 | local laws, exclusive of those
applicable to the presence | ||||||
19 | of structures below minimum code standards.
| ||||||
20 | (6) (Blank). Excessive vacancies. The presence of
| ||||||
21 | buildings that are unoccupied or under-utilized and that | ||||||
22 | represent an adverse
influence on the area because of the | ||||||
23 | frequency, extent, or duration of the
vacancies.
| ||||||
24 | (7) (Blank). Lack of ventilation, light, or sanitary | ||||||
25 | facilities. The absence of
adequate ventilation for light | ||||||
26 | or air circulation in spaces or rooms without
windows, or |
| |||||||
| |||||||
1 | that require the removal of dust, odor, gas, smoke, or | ||||||
2 | other
noxious airborne materials. Inadequate natural light | ||||||
3 | and ventilation means
the absence or inadequacy of | ||||||
4 | skylights or windows for interior spaces or rooms
and | ||||||
5 | improper
window sizes and amounts by room area to window | ||||||
6 | area ratios. Inadequate
sanitary facilities refers to the | ||||||
7 | absence or inadequacy of garbage storage and
enclosure,
| ||||||
8 | bathroom facilities, hot water and kitchens, and | ||||||
9 | structural inadequacies
preventing ingress and egress to | ||||||
10 | and from all rooms and units within a
building.
| ||||||
11 | (8) 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,
antiquated, | ||||||
18 | obsolete, or in disrepair, or (iii) lacking within the
| ||||||
19 | redevelopment project area.
| ||||||
20 | (9) Excessive land coverage and overcrowding of | ||||||
21 | structures and community
facilities. The over-intensive | ||||||
22 | use of property and the crowding of buildings
and | ||||||
23 | accessory facilities onto a site. Examples of problem | ||||||
24 | conditions
warranting the designation of an area as one | ||||||
25 | exhibiting excessive land coverage
are: the presence of | ||||||
26 | buildings either improperly situated on parcels or located
|
| |||||||
| |||||||
1 | on parcels of inadequate size and shape in relation to | ||||||
2 | present-day standards of
development for health and safety | ||||||
3 | and the presence of multiple buildings on a
single parcel. | ||||||
4 | For there to be a finding of excessive land coverage,
| ||||||
5 | these parcels must exhibit one or more of the following | ||||||
6 | conditions:
insufficient provision for
light and air | ||||||
7 | within or around buildings, increased threat of spread of | ||||||
8 | fire
due to the close proximity of buildings, lack of | ||||||
9 | adequate or proper access to a
public right-of-way, lack | ||||||
10 | of reasonably required off-street parking, or
inadequate | ||||||
11 | provision for loading and service.
| ||||||
12 | (10) (Blank). Deleterious land use or layout. The | ||||||
13 | existence of incompatible
land-use
relationships, | ||||||
14 | buildings occupied by inappropriate mixed-uses, or uses
| ||||||
15 | considered to be noxious, offensive, or unsuitable for the
| ||||||
16 | surrounding area.
| ||||||
17 | (11) (Blank). Lack of community planning. The proposed | ||||||
18 | redevelopment project area
was
developed prior to or | ||||||
19 | without the benefit or guidance of a community plan.
This | ||||||
20 | means that the development occurred prior to the adoption | ||||||
21 | by the
municipality of a comprehensive or other community | ||||||
22 | plan or that the plan was
not followed at the time of the | ||||||
23 | area's development. This factor must be
documented by | ||||||
24 | evidence of adverse or incompatible land-use | ||||||
25 | relationships,
inadequate street layout, improper | ||||||
26 | subdivision, parcels of inadequate shape and
size to meet |
| |||||||
| |||||||
1 | contemporary development standards, or other evidence
| ||||||
2 | demonstrating
an absence of effective community planning.
| ||||||
3 | (12) The area has incurred Illinois Environmental | ||||||
4 | Protection Agency or
United
States Environmental | ||||||
5 | Protection Agency remediation costs for, or a study
| ||||||
6 | conducted by an independent consultant recognized as | ||||||
7 | having expertise in
environmental remediation has | ||||||
8 | determined a need for, the clean-up of hazardous
waste, | ||||||
9 | hazardous substances, or underground storage tanks | ||||||
10 | required by State
or federal law, provided that the | ||||||
11 | remediation costs constitute a material
impediment to the | ||||||
12 | development or redevelopment of the redevelopment project
| ||||||
13 | area.
| ||||||
14 | (13) The total equalized assessed value of the | ||||||
15 | proposed redevelopment
project area has declined for 3 of | ||||||
16 | the last 5 calendar years
for which information is
| ||||||
17 | available . or is increasing at an annual rate that is less | ||||||
18 | than the balance of
the municipality for 3 of the last 5 | ||||||
19 | calendar years for which information is
available or is | ||||||
20 | increasing at an annual rate that is less
than the | ||||||
21 | Consumer Price Index for All Urban Consumers published by | ||||||
22 | the United
States Department of Labor or successor agency | ||||||
23 | for 3 of the last 5 calendar
years for which information is | ||||||
24 | available.
| ||||||
25 | (c) "Industrial park" means an area in a blighted or | ||||||
26 | conservation
area suitable for use by any manufacturing, |
| |||||||
| |||||||
1 | industrial, research or
transportation enterprise, of | ||||||
2 | facilities to include but not be limited to
factories, mills, | ||||||
3 | processing plants, assembly plants, packing plants,
| ||||||
4 | fabricating plants, industrial distribution centers, | ||||||
5 | warehouses, repair
overhaul or service facilities, freight | ||||||
6 | terminals, research facilities,
test facilities or railroad | ||||||
7 | facilities.
| ||||||
8 | (d) "Industrial park conservation area" means an area | ||||||
9 | within the
boundaries of a redevelopment project area located | ||||||
10 | within the territorial
limits of a municipality that is a | ||||||
11 | labor surplus municipality or within 1
1/2 miles of the | ||||||
12 | territorial limits of a municipality that is a labor
surplus | ||||||
13 | municipality if the area is annexed to the municipality; which
| ||||||
14 | area is zoned as industrial no later than at the time the | ||||||
15 | municipality by
ordinance designates the redevelopment project | ||||||
16 | area, and which area
includes both vacant land suitable for | ||||||
17 | use as an industrial park and a
blighted area or conservation | ||||||
18 | area contiguous to such vacant land.
| ||||||
19 | (e) "Labor surplus municipality" means a municipality in | ||||||
20 | which, at any
time during the 6 months before the municipality | ||||||
21 | by ordinance designates
an industrial park conservation area, | ||||||
22 | the unemployment rate was over 6% and was
also 100% or more of | ||||||
23 | the national average unemployment rate for that same
time as | ||||||
24 | published in the United States Department of Labor Bureau of | ||||||
25 | Labor
Statistics publication entitled "The Employment | ||||||
26 | Situation" or its successor
publication. For the purpose of |
| |||||||
| |||||||
1 | this subsection, if unemployment rate
statistics for the | ||||||
2 | municipality are not available, the unemployment rate in
the | ||||||
3 | municipality shall be deemed to be the same as the | ||||||
4 | unemployment rate in
the principal county in which the | ||||||
5 | municipality is located.
| ||||||
6 | (f) "Municipality" shall mean a city, village, | ||||||
7 | incorporated town, or a township that is located in the | ||||||
8 | unincorporated portion of a county with 3 million or more | ||||||
9 | inhabitants, if the county adopted an ordinance that approved | ||||||
10 | the township's redevelopment plan.
| ||||||
11 | (g) "Initial Sales Tax Amounts" means the amount of taxes | ||||||
12 | paid under
the Retailers' Occupation Tax Act, Use Tax Act, | ||||||
13 | Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
14 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
15 | Service Occupation Tax Act by
retailers and servicemen on | ||||||
16 | transactions at places located in a
State Sales Tax Boundary | ||||||
17 | during the calendar year 1985.
| ||||||
18 | (g-1) "Revised Initial Sales Tax Amounts" means the amount | ||||||
19 | of taxes paid
under the Retailers' Occupation Tax Act, Use Tax | ||||||
20 | Act, Service Use Tax Act, the
Service Occupation Tax Act, the | ||||||
21 | Municipal Retailers' Occupation Tax Act,
and the Municipal | ||||||
22 | Service Occupation Tax Act by retailers and servicemen on
| ||||||
23 | transactions at places located within the State Sales Tax | ||||||
24 | Boundary
revised pursuant to Section 11-74.4-8a(9) of this | ||||||
25 | Act.
| ||||||
26 | (h) "Municipal Sales Tax Increment" means an amount equal |
| |||||||
| |||||||
1 | to the
increase in the aggregate amount of taxes paid to a | ||||||
2 | municipality from the
Local Government Tax Fund arising from | ||||||
3 | sales by retailers and servicemen
within the redevelopment | ||||||
4 | project area or State Sales Tax Boundary, as
the case may be, | ||||||
5 | for as long as the redevelopment project area or State
Sales | ||||||
6 | Tax Boundary, as the case may be, exist over and above the | ||||||
7 | aggregate
amount of taxes as certified by the Illinois | ||||||
8 | Department of Revenue and paid
under the Municipal Retailers' | ||||||
9 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
10 | Act by retailers and servicemen, on transactions at places
of | ||||||
11 | business located in the redevelopment project area or State | ||||||
12 | Sales Tax
Boundary, as the case may be, during the
base year | ||||||
13 | which shall be the calendar year immediately prior to the year | ||||||
14 | in
which the municipality adopted tax increment allocation | ||||||
15 | financing. For
purposes of computing the aggregate amount of | ||||||
16 | such taxes for base years
occurring prior to 1985, the | ||||||
17 | Department of Revenue shall determine the
Initial Sales Tax | ||||||
18 | Amounts for such taxes and deduct therefrom an amount
equal to | ||||||
19 | 4% of the aggregate amount of taxes per year for each year the
| ||||||
20 | base year is prior to 1985, but not to exceed a total deduction | ||||||
21 | of 12%.
The amount so determined shall be known as the | ||||||
22 | "Adjusted Initial Sales Tax
Amounts". For purposes of | ||||||
23 | determining the Municipal Sales Tax Increment,
the Department | ||||||
24 | of Revenue shall for each period subtract from the amount
paid | ||||||
25 | to the municipality from the Local Government Tax Fund arising | ||||||
26 | from
sales by retailers and servicemen on transactions
located |
| |||||||
| |||||||
1 | in the redevelopment project area or the State Sales Tax | ||||||
2 | Boundary,
as the case may be, the certified Initial Sales Tax
| ||||||
3 | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised | ||||||
4 | Initial
Sales Tax Amounts for the Municipal Retailers'
| ||||||
5 | Occupation Tax Act and the Municipal Service
Occupation Tax | ||||||
6 | Act. For the State Fiscal Year 1989, this calculation shall
be | ||||||
7 | made by utilizing the calendar year 1987 to determine the tax | ||||||
8 | amounts
received. For the State Fiscal Year 1990, this | ||||||
9 | calculation shall be made
by utilizing the period from January | ||||||
10 | 1, 1988, until September 30, 1988, to
determine the tax | ||||||
11 | amounts received from retailers and servicemen pursuant
to the | ||||||
12 | Municipal Retailers' Occupation Tax and the Municipal Service
| ||||||
13 | Occupation Tax Act, which shall have deducted therefrom
| ||||||
14 | nine-twelfths of the certified Initial Sales Tax Amounts, the | ||||||
15 | Adjusted Initial
Sales Tax Amounts or the Revised Initial | ||||||
16 | Sales Tax Amounts as appropriate.
For the State Fiscal Year | ||||||
17 | 1991, this calculation shall be made by utilizing
the period | ||||||
18 | from October 1, 1988, to June 30, 1989, to determine the tax
| ||||||
19 | amounts received from retailers and servicemen pursuant to the | ||||||
20 | Municipal
Retailers' Occupation Tax and the Municipal Service | ||||||
21 | Occupation Tax Act
which shall have deducted therefrom | ||||||
22 | nine-twelfths of the
certified Initial Sales Tax Amounts, | ||||||
23 | Adjusted Initial Sales Tax
Amounts or the Revised Initial | ||||||
24 | Sales Tax Amounts as appropriate. For every
State Fiscal Year | ||||||
25 | thereafter, the applicable period shall be the 12 months
| ||||||
26 | beginning July 1 and ending June 30 to determine the tax |
| |||||||
| |||||||
1 | amounts received
which shall have deducted therefrom the | ||||||
2 | certified Initial Sales Tax
Amounts, the Adjusted Initial | ||||||
3 | Sales Tax Amounts or the Revised Initial
Sales Tax Amounts, as | ||||||
4 | the case may be.
| ||||||
5 | (i) "Net State Sales Tax Increment" means the sum of the | ||||||
6 | following: (a)
80% of the first $100,000 of State Sales Tax | ||||||
7 | Increment annually generated
within a State Sales Tax | ||||||
8 | Boundary; (b) 60% of the amount in excess of
$100,000 but not | ||||||
9 | exceeding $500,000 of State Sales Tax Increment annually
| ||||||
10 | generated within a State Sales Tax Boundary; and (c) 40% of all | ||||||
11 | amounts in
excess of $500,000 of State Sales Tax Increment | ||||||
12 | annually generated within a
State Sales Tax Boundary. If, | ||||||
13 | however, a municipality established a tax
increment financing | ||||||
14 | district in a county with a population in excess of
3,000,000 | ||||||
15 | before January 1, 1986, and the municipality entered into a
| ||||||
16 | contract or issued bonds after January 1, 1986, but before | ||||||
17 | December 31, 1986,
to finance redevelopment project costs | ||||||
18 | within a State Sales Tax
Boundary, then the Net State Sales Tax | ||||||
19 | Increment means, for the fiscal years
beginning July 1, 1990, | ||||||
20 | and July 1, 1991, 100% of the State Sales Tax
Increment | ||||||
21 | annually generated within a State Sales Tax Boundary; and
| ||||||
22 | notwithstanding any other provision of this Act, for those | ||||||
23 | fiscal years the
Department of Revenue shall distribute to | ||||||
24 | those municipalities 100% of
their Net State Sales Tax | ||||||
25 | Increment before any distribution to any other
municipality | ||||||
26 | and regardless of whether or not those other municipalities
|
| |||||||
| |||||||
1 | will receive 100% of their Net State Sales Tax Increment. For | ||||||
2 | Fiscal Year
1999, and every year thereafter until the year | ||||||
3 | 2007, for any municipality
that has not entered into a | ||||||
4 | contract or has not issued bonds prior to June
1, 1988 to | ||||||
5 | finance redevelopment project costs within a State Sales Tax
| ||||||
6 | Boundary, the Net State Sales Tax Increment shall be | ||||||
7 | calculated as follows:
By multiplying the Net State Sales Tax | ||||||
8 | Increment by 90% in the State Fiscal
Year 1999; 80% in the | ||||||
9 | State Fiscal Year 2000; 70% in the State Fiscal Year
2001; 60% | ||||||
10 | in the State Fiscal Year 2002; 50% in the State Fiscal Year | ||||||
11 | 2003; 40%
in the State Fiscal Year 2004; 30% in the State | ||||||
12 | Fiscal Year 2005; 20% in
the State Fiscal Year 2006; and 10% in | ||||||
13 | the State Fiscal Year 2007. No
payment shall be made for State | ||||||
14 | Fiscal Year 2008 and thereafter.
| ||||||
15 | Municipalities that issued bonds in connection with a | ||||||
16 | redevelopment project
in a redevelopment project area within | ||||||
17 | the State Sales Tax Boundary prior to
July 29, 1991,
or that | ||||||
18 | entered into contracts in connection with a redevelopment | ||||||
19 | project in
a redevelopment project area before June 1, 1988,
| ||||||
20 | shall continue to receive their proportional share of the
| ||||||
21 | Illinois Tax Increment Fund distribution until the date on | ||||||
22 | which the
redevelopment project is completed or terminated.
| ||||||
23 | If, however, a municipality that issued bonds in connection | ||||||
24 | with a
redevelopment project in a redevelopment project area | ||||||
25 | within the State Sales
Tax Boundary prior to July 29, 1991 | ||||||
26 | retires the bonds prior to June 30, 2007 or
a municipality that |
| |||||||
| |||||||
1 | entered into contracts in connection with a redevelopment
| ||||||
2 | project in a redevelopment project area before June 1, 1988 | ||||||
3 | completes the
contracts prior to June 30, 2007, then so long as | ||||||
4 | the redevelopment project is
not
completed or is not | ||||||
5 | terminated, the Net State Sales Tax Increment shall be
| ||||||
6 | calculated, beginning on the date on which the bonds are | ||||||
7 | retired or the
contracts are completed, as follows: By | ||||||
8 | multiplying the Net State Sales Tax
Increment by 60% in the | ||||||
9 | State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% | ||||||
10 | in the State Fiscal Year 2004; 30%
in the State Fiscal Year | ||||||
11 | 2005; 20% in the State Fiscal Year 2006; and 10% in
the State | ||||||
12 | Fiscal Year 2007. No payment shall be made for State Fiscal | ||||||
13 | Year
2008 and thereafter.
Refunding of any bonds issued
prior | ||||||
14 | to July 29, 1991, shall not alter the Net State Sales Tax | ||||||
15 | Increment.
| ||||||
16 | (j) "State Utility Tax Increment Amount" means an amount | ||||||
17 | equal to the
aggregate increase in State electric and gas tax | ||||||
18 | charges imposed on owners
and tenants, other than residential | ||||||
19 | customers, of properties located within
the redevelopment | ||||||
20 | project area under Section 9-222 of the Public Utilities
Act, | ||||||
21 | over and above the aggregate of such charges as certified by | ||||||
22 | the
Department of Revenue and paid by owners and tenants, | ||||||
23 | other than
residential customers, of properties within the | ||||||
24 | redevelopment project area
during the base year, which shall | ||||||
25 | be the calendar year immediately prior to
the year of the | ||||||
26 | adoption of the ordinance authorizing tax increment allocation
|
| |||||||
| |||||||
1 | financing.
| ||||||
2 | (k) "Net State Utility Tax Increment" means the sum of the | ||||||
3 | following:
(a) 80% of the first $100,000 of State Utility Tax | ||||||
4 | Increment annually
generated by a redevelopment project area; | ||||||
5 | (b) 60% of the amount in excess
of $100,000 but not exceeding | ||||||
6 | $500,000 of the State Utility Tax Increment
annually generated | ||||||
7 | by a redevelopment project area; and (c) 40% of all
amounts in | ||||||
8 | excess of $500,000 of State Utility Tax Increment annually
| ||||||
9 | generated by a redevelopment project area. For the State | ||||||
10 | Fiscal Year 1999,
and every year thereafter until the year | ||||||
11 | 2007, for any municipality that
has not entered into a | ||||||
12 | contract or has not issued bonds prior to June 1,
1988 to | ||||||
13 | finance redevelopment project costs within a redevelopment | ||||||
14 | project
area, the Net State Utility Tax Increment shall be | ||||||
15 | calculated as follows:
By multiplying the Net State Utility | ||||||
16 | Tax Increment by 90% in the State
Fiscal Year 1999; 80% in the | ||||||
17 | State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% | ||||||
18 | in the State Fiscal Year 2002; 50% in the State
Fiscal Year | ||||||
19 | 2003; 40% in the State Fiscal Year 2004; 30% in the State
| ||||||
20 | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in | ||||||
21 | the State
Fiscal Year 2007. No payment shall be made for the | ||||||
22 | State Fiscal Year 2008
and thereafter.
| ||||||
23 | Municipalities that issue bonds in connection with the | ||||||
24 | redevelopment project
during the period from June 1, 1988 | ||||||
25 | until 3 years after the effective date
of this Amendatory Act | ||||||
26 | of 1988 shall receive the Net State Utility Tax
Increment, |
| |||||||
| |||||||
1 | subject to appropriation, for 15 State Fiscal Years after the
| ||||||
2 | issuance of such bonds. For the 16th through the 20th State | ||||||
3 | Fiscal Years
after issuance of the bonds, the Net State | ||||||
4 | Utility Tax Increment shall be
calculated as follows: By | ||||||
5 | multiplying the Net State Utility Tax Increment
by 90% in year | ||||||
6 | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50%
in | ||||||
7 | year 20. Refunding of any bonds issued prior to June 1, 1988, | ||||||
8 | shall not
alter the revised Net State Utility Tax Increment | ||||||
9 | payments set forth above.
| ||||||
10 | (l) "Obligations" mean bonds, loans, debentures, notes, | ||||||
11 | special certificates
or other evidence of indebtedness issued | ||||||
12 | by the municipality to carry out
a redevelopment project or to | ||||||
13 | refund outstanding obligations.
| ||||||
14 | (m) "Payment in lieu of taxes" means those estimated tax | ||||||
15 | revenues from
real property in a redevelopment project area | ||||||
16 | derived from real property that
has been acquired by a | ||||||
17 | municipality
which according to the redevelopment project or | ||||||
18 | plan is to be used for a
private use which taxing districts | ||||||
19 | would have received had a municipality
not acquired the real | ||||||
20 | property and adopted tax increment allocation
financing and | ||||||
21 | which would result from
levies made after the time of the | ||||||
22 | adoption of tax increment allocation
financing to the time the | ||||||
23 | current equalized value of real property in the
redevelopment | ||||||
24 | project area exceeds the total initial equalized value of
real | ||||||
25 | property in said area.
| ||||||
26 | (n) "Redevelopment plan" means the comprehensive program |
| |||||||
| |||||||
1 | of
the municipality for development or redevelopment intended | ||||||
2 | by the payment of
redevelopment project costs to reduce or | ||||||
3 | eliminate those conditions the
existence of which qualified | ||||||
4 | the redevelopment project area as
a "blighted
area" or | ||||||
5 | "conservation area" or combination thereof or "industrial park
| ||||||
6 | conservation area," and thereby to enhance the tax bases of | ||||||
7 | the taxing
districts which extend into the redevelopment | ||||||
8 | project area, provided that, with respect to redevelopment | ||||||
9 | project areas described in subsections (p-1) and (p-2), | ||||||
10 | "redevelopment plan" means the comprehensive program of the | ||||||
11 | affected municipality for the development of qualifying | ||||||
12 | transit facilities.
On and after November 1, 1999 (the | ||||||
13 | effective date of
Public Act 91-478), no
redevelopment plan | ||||||
14 | may be approved or amended that includes the development of
| ||||||
15 | vacant land (i) with a golf course and related clubhouse and | ||||||
16 | other facilities
or (ii) designated by federal, State, county, | ||||||
17 | or municipal government as public
land for outdoor | ||||||
18 | recreational activities or for nature preserves and used for
| ||||||
19 | that purpose within 5
years prior to the adoption of the | ||||||
20 | redevelopment plan. For the purpose of
this subsection, | ||||||
21 | "recreational activities" is limited to mean camping and
| ||||||
22 | hunting.
Each
redevelopment plan shall set forth in writing | ||||||
23 | the program to be undertaken
to accomplish the objectives and | ||||||
24 | shall include but not be limited to:
| ||||||
25 | (A) an itemized list of estimated redevelopment | ||||||
26 | project costs;
|
| |||||||
| |||||||
1 | (B) evidence indicating that the redevelopment project | ||||||
2 | area on the whole
has not been subject to growth and | ||||||
3 | development through investment by private
enterprise, | ||||||
4 | provided that such evidence shall not be required for any | ||||||
5 | redevelopment project area located within a transit | ||||||
6 | facility improvement area established pursuant to Section | ||||||
7 | 11-74.4-3.3;
| ||||||
8 | (C) an assessment of any financial impact of the | ||||||
9 | redevelopment project
area on or any increased demand for | ||||||
10 | services from any taxing district affected
by the plan and | ||||||
11 | any program to address such financial impact or increased
| ||||||
12 | demand;
| ||||||
13 | (D) the sources of funds to pay costs;
| ||||||
14 | (E) the nature and term of the obligations to be | ||||||
15 | issued;
| ||||||
16 | (F) the most recent equalized assessed valuation of | ||||||
17 | the redevelopment
project area;
| ||||||
18 | (G) an estimate as to the equalized assessed valuation | ||||||
19 | after redevelopment
and the general land uses to apply in | ||||||
20 | the redevelopment project area;
| ||||||
21 | (H) a commitment to fair employment practices and an | ||||||
22 | affirmative action
plan;
| ||||||
23 | (I) if it concerns an industrial park
conservation | ||||||
24 | area, the plan shall
also include a general description
of | ||||||
25 | any proposed developer, user and tenant of any property, a | ||||||
26 | description
of the type, structure and general character |
| |||||||
| |||||||
1 | of the facilities to be
developed, a description of the | ||||||
2 | type, class and number of new employees to
be employed in | ||||||
3 | the operation of the facilities to be developed; and
| ||||||
4 | (J) if property is to be annexed to the municipality, | ||||||
5 | the plan shall
include the terms of the annexation | ||||||
6 | agreement.
| ||||||
7 | The provisions of items (B) and (C) of this subsection (n) | ||||||
8 | shall not apply to
a municipality that before March 14, 1994 | ||||||
9 | (the effective date of Public Act
88-537) had fixed, either by | ||||||
10 | its
corporate authorities or by a commission designated under | ||||||
11 | subsection (k) of
Section 11-74.4-4, a time and place for a | ||||||
12 | public hearing as required by
subsection (a) of Section | ||||||
13 | 11-74.4-5.
No redevelopment plan shall be adopted unless a
| ||||||
14 | municipality complies with all of the following requirements:
| ||||||
15 | (1) The municipality finds that the redevelopment | ||||||
16 | project area on
the whole has not been subject to growth | ||||||
17 | and development through investment
by private enterprise | ||||||
18 | and would not reasonably be anticipated to be
developed | ||||||
19 | without the adoption of the redevelopment plan, provided, | ||||||
20 | however, that such a finding shall not be required with | ||||||
21 | respect to any redevelopment project area located within a | ||||||
22 | transit facility improvement area established pursuant to | ||||||
23 | Section 11-74.4-3.3.
| ||||||
24 | (2) The municipality finds that the redevelopment plan | ||||||
25 | and project conform
to the comprehensive plan for the | ||||||
26 | development of the municipality as a whole,
or, for |
| |||||||
| |||||||
1 | municipalities with a population of 100,000 or more, | ||||||
2 | regardless of when
the redevelopment plan and project was | ||||||
3 | adopted, the redevelopment plan and
project either: (i) | ||||||
4 | conforms to the strategic economic development or
| ||||||
5 | redevelopment plan issued by the designated planning | ||||||
6 | authority of the
municipality, or (ii) includes land uses | ||||||
7 | that have been approved by the
planning commission of the | ||||||
8 | municipality.
| ||||||
9 | (3) The redevelopment plan establishes the estimated | ||||||
10 | dates of completion
of the redevelopment project and | ||||||
11 | retirement of obligations issued to finance
redevelopment | ||||||
12 | project costs. Those dates may not be later than the dates | ||||||
13 | set forth under Section 11-74.4-3.5.
| ||||||
14 | A municipality may by municipal ordinance amend an | ||||||
15 | existing redevelopment
plan to conform to this paragraph | ||||||
16 | (3) as amended by Public Act 91-478, which
municipal | ||||||
17 | ordinance may be adopted without
further hearing or
notice | ||||||
18 | and without complying with the procedures provided in this | ||||||
19 | Act
pertaining to an amendment to or the initial approval | ||||||
20 | of a redevelopment plan
and project and
designation of a | ||||||
21 | redevelopment project area.
| ||||||
22 | (3.5) The municipality finds, in the case of an | ||||||
23 | industrial
park
conservation area, also that the | ||||||
24 | municipality is a labor surplus municipality
and that the | ||||||
25 | implementation of the redevelopment plan will reduce | ||||||
26 | unemployment,
create new jobs and by the provision of new |
| |||||||
| |||||||
1 | facilities enhance the tax base of
the taxing districts | ||||||
2 | that extend into the redevelopment project area.
| ||||||
3 | (4) If any incremental revenues are being utilized | ||||||
4 | under
Section 8(a)(1)
or 8(a)(2) of this Act in | ||||||
5 | redevelopment project areas approved by ordinance
after | ||||||
6 | January 1, 1986, the municipality finds: (a) that the | ||||||
7 | redevelopment
project area would not reasonably be | ||||||
8 | developed without the use of such
incremental revenues, | ||||||
9 | and (b) that such incremental revenues will be
exclusively | ||||||
10 | utilized for the development of the redevelopment project | ||||||
11 | area.
| ||||||
12 | (5) If: (a)
the redevelopment plan will not result in
| ||||||
13 | displacement of
residents from 10 or more inhabited | ||||||
14 | residential units, and the
municipality certifies in the | ||||||
15 | plan that
such displacement will not result from the plan; | ||||||
16 | or (b) the redevelopment plan is for a redevelopment | ||||||
17 | project area located within a transit facility improvement | ||||||
18 | area established pursuant to Section 11-74.4-3.3, and the | ||||||
19 | applicable project is subject to the process for | ||||||
20 | evaluation of environmental effects under the National | ||||||
21 | Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., | ||||||
22 | then a housing impact study
need not be performed.
If, | ||||||
23 | however, the redevelopment plan would result in the | ||||||
24 | displacement
of
residents from 10 or more inhabited
| ||||||
25 | residential units,
or if the redevelopment project area | ||||||
26 | contains 75 or more inhabited residential
units and no
|
| |||||||
| |||||||
1 | certification is made,
then the municipality shall | ||||||
2 | prepare, as part of the separate
feasibility report | ||||||
3 | required by subsection (a) of Section 11-74.4-5, a housing
| ||||||
4 | impact study.
| ||||||
5 | Part I of the housing impact study shall include (i) | ||||||
6 | data as to whether
the residential units are single family | ||||||
7 | or multi-family units,
(ii) the number and type of rooms | ||||||
8 | within the units, if that information is
available, (iii) | ||||||
9 | whether
the
units are inhabited or uninhabited, as | ||||||
10 | determined not less than 45
days before the date that the | ||||||
11 | ordinance or resolution required
by subsection (a) of | ||||||
12 | Section 11-74.4-5 is passed, and (iv) data as to the
| ||||||
13 | racial and ethnic composition of the residents in the | ||||||
14 | inhabited residential
units. The data requirement as to | ||||||
15 | the racial and ethnic composition of the
residents in the | ||||||
16 | inhabited residential units shall be deemed to be fully
| ||||||
17 | satisfied by data from the most recent federal census.
| ||||||
18 | Part II of the housing impact study shall identify the | ||||||
19 | inhabited
residential units in the proposed redevelopment | ||||||
20 | project area that are to be or
may be removed. If inhabited | ||||||
21 | residential units are to be removed, then the
housing | ||||||
22 | impact study shall identify (i) the number and location of | ||||||
23 | those units
that will or may be removed, (ii) the | ||||||
24 | municipality's plans for relocation
assistance for those | ||||||
25 | residents in the proposed redevelopment project area
whose | ||||||
26 | residences are to be removed, (iii) the availability of |
| |||||||
| |||||||
1 | replacement
housing for those residents whose residences | ||||||
2 | are to be removed, and shall
identify the type, location, | ||||||
3 | and cost of the housing, and (iv) the type and
extent
of | ||||||
4 | relocation assistance to be provided.
| ||||||
5 | (6) On and after November 1, 1999, the
housing impact | ||||||
6 | study required by paragraph (5) shall be
incorporated in | ||||||
7 | the redevelopment plan for the
redevelopment project area.
| ||||||
8 | (7) On and after November 1, 1999, no
redevelopment | ||||||
9 | plan shall be adopted, nor an
existing plan amended, nor | ||||||
10 | shall residential housing that is
occupied by households | ||||||
11 | of low-income and very low-income
persons in currently | ||||||
12 | existing redevelopment project
areas be removed after | ||||||
13 | November 1, 1999 unless the redevelopment plan provides, | ||||||
14 | with
respect to inhabited housing units that are to be | ||||||
15 | removed for
households of low-income and very low-income | ||||||
16 | persons, affordable
housing and relocation assistance not | ||||||
17 | less than that which would
be provided under the federal | ||||||
18 | Uniform Relocation Assistance and
Real Property | ||||||
19 | Acquisition Policies Act of 1970 and the regulations
under | ||||||
20 | that Act, including the eligibility criteria.
Affordable | ||||||
21 | housing may be either existing or newly constructed
| ||||||
22 | housing. For purposes of this paragraph (7), "low-income
| ||||||
23 | households", "very low-income households", and "affordable
| ||||||
24 | housing" have the meanings set forth in the Illinois | ||||||
25 | Affordable
Housing Act.
The municipality shall make a good | ||||||
26 | faith effort to ensure that this affordable
housing is |
| |||||||
| |||||||
1 | located in or near the redevelopment project area within | ||||||
2 | the
municipality.
| ||||||
3 | (8) On and after November 1, 1999, if,
after the | ||||||
4 | adoption of the redevelopment plan for the
redevelopment | ||||||
5 | project area, any municipality desires to amend its
| ||||||
6 | redevelopment plan
to remove more inhabited residential | ||||||
7 | units than
specified in its original redevelopment plan, | ||||||
8 | that change shall be made in
accordance with the | ||||||
9 | procedures in subsection (c) of Section 11-74.4-5.
| ||||||
10 | (9) For redevelopment project areas designated prior | ||||||
11 | to November 1,
1999, the redevelopment plan may be amended | ||||||
12 | without further joint review board
meeting or hearing, | ||||||
13 | provided that the municipality shall give notice of any
| ||||||
14 | such changes by mail to each affected taxing district and | ||||||
15 | registrant on the
interested party registry, to authorize | ||||||
16 | the municipality to expend tax
increment revenues for | ||||||
17 | redevelopment project costs defined by paragraphs (5)
and | ||||||
18 | (7.5), subparagraphs (E) and (F) of paragraph (11), and | ||||||
19 | paragraph (11.5) of
subsection (q) of Section 11-74.4-3, | ||||||
20 | so long as the changes do not increase the
total estimated | ||||||
21 | redevelopment project costs set out in the redevelopment | ||||||
22 | plan
by more than 5% after adjustment for inflation from | ||||||
23 | the date the plan was
adopted.
| ||||||
24 | (o) "Redevelopment project" means any public and private | ||||||
25 | development project
in furtherance of the objectives of a | ||||||
26 | redevelopment plan.
On and after November 1, 1999 (the |
| |||||||
| |||||||
1 | effective date of Public Act 91-478), no
redevelopment plan | ||||||
2 | may be approved or amended that includes the development
of | ||||||
3 | vacant land (i) with a golf course and related clubhouse and | ||||||
4 | other
facilities
or (ii) designated by federal, State, county, | ||||||
5 | or municipal government as public
land for outdoor | ||||||
6 | recreational activities or for nature preserves and used for
| ||||||
7 | that purpose within 5
years prior to the adoption of the | ||||||
8 | redevelopment plan. For the purpose of
this subsection, | ||||||
9 | "recreational activities" is limited to mean camping and
| ||||||
10 | hunting.
| ||||||
11 | (p) "Redevelopment project area" means an area designated | ||||||
12 | by
the
municipality, which is not less in the aggregate than 1 | ||||||
13 | 1/2 acres and in
respect to which the municipality has made a | ||||||
14 | finding that there exist
conditions which cause the area to be | ||||||
15 | classified as an industrial park
conservation area or a | ||||||
16 | blighted area or a conservation area, or a
combination of both | ||||||
17 | blighted areas and conservation areas.
| ||||||
18 | (p-1) Notwithstanding any provision of this Act to the | ||||||
19 | contrary, on and after August 25, 2009 (the effective date of | ||||||
20 | Public Act 96-680), a redevelopment project area may include | ||||||
21 | areas within a one-half mile radius of an existing or proposed | ||||||
22 | Regional Transportation Authority Suburban Transit Access | ||||||
23 | Route (STAR Line) station without a finding that the area is | ||||||
24 | classified as an industrial park conservation area, a blighted | ||||||
25 | area, a conservation area, or a combination thereof, but only | ||||||
26 | if the municipality receives unanimous consent from the joint |
| |||||||
| |||||||
1 | review board created to review the proposed redevelopment | ||||||
2 | project area. | ||||||
3 | (p-2) Notwithstanding any provision of this Act to the | ||||||
4 | contrary, on and after the effective date of this amendatory | ||||||
5 | Act of the 99th General Assembly, a redevelopment project area | ||||||
6 | may include areas within a transit facility improvement area | ||||||
7 | that has been established pursuant to Section 11-74.4-3.3 | ||||||
8 | without a finding that the area is classified as an industrial | ||||||
9 | park conservation area, a blighted area, a conservation area, | ||||||
10 | or any combination thereof. | ||||||
11 | (q) "Redevelopment project costs", except for | ||||||
12 | redevelopment project areas created pursuant to subsection | ||||||
13 | (p-1) or (p-2), means and includes the sum total of all
| ||||||
14 | reasonable or necessary costs incurred or estimated to be | ||||||
15 | incurred, and
any such costs incidental to a redevelopment | ||||||
16 | plan and a redevelopment
project. Such costs include, without | ||||||
17 | limitation, the following:
| ||||||
18 | (1) Costs of studies, surveys, development of plans, | ||||||
19 | and
specifications, implementation and administration of | ||||||
20 | the redevelopment
plan including but not limited to staff | ||||||
21 | and professional service costs for
architectural, | ||||||
22 | engineering, legal, financial, planning or other
services, | ||||||
23 | provided however that no charges for professional services | ||||||
24 | may be
based on a percentage of the tax increment | ||||||
25 | collected; except that on and
after November 1, 1999 (the | ||||||
26 | effective date of Public Act 91-478), no
contracts for
|
| |||||||
| |||||||
1 | professional services, excluding architectural and | ||||||
2 | engineering services, may be
entered into if the terms of | ||||||
3 | the contract extend
beyond a period of 3 years. In | ||||||
4 | addition, "redevelopment project costs" shall
not include | ||||||
5 | lobbying expenses.
After consultation with the | ||||||
6 | municipality, each tax
increment consultant or advisor to | ||||||
7 | a municipality that plans to designate or
has designated a | ||||||
8 | redevelopment project area shall inform the municipality | ||||||
9 | in
writing of any contracts that the consultant or advisor | ||||||
10 | has entered into with
entities or individuals that have | ||||||
11 | received, or are receiving, payments financed
by tax
| ||||||
12 | increment revenues produced by the redevelopment project | ||||||
13 | area with respect to
which the consultant or advisor has | ||||||
14 | performed, or will be performing, service
for the
| ||||||
15 | municipality. This requirement shall be satisfied by the | ||||||
16 | consultant or advisor
before the commencement of services | ||||||
17 | for the municipality and thereafter
whenever any other | ||||||
18 | contracts with those individuals or entities are executed | ||||||
19 | by
the consultant or advisor;
| ||||||
20 | (1.5) After July 1, 1999, annual administrative costs | ||||||
21 | shall
not include general overhead or
administrative costs | ||||||
22 | of the municipality
that would still have been incurred by | ||||||
23 | the municipality if the municipality had
not
designated a | ||||||
24 | redevelopment project area or approved a redevelopment | ||||||
25 | plan;
| ||||||
26 | (1.6) The cost of
marketing sites within the |
| |||||||
| |||||||
1 | redevelopment project area to prospective
businesses, | ||||||
2 | developers, and investors;
| ||||||
3 | (2) Property assembly costs, including but not limited | ||||||
4 | to acquisition
of land and other property, real or | ||||||
5 | personal, or rights or interests therein,
demolition of | ||||||
6 | buildings, site preparation, site improvements that serve | ||||||
7 | as an
engineered barrier addressing ground level or below | ||||||
8 | ground environmental
contamination, including, but not | ||||||
9 | limited to parking lots and other concrete
or asphalt | ||||||
10 | barriers, and the clearing and grading of
land;
| ||||||
11 | (3) Costs of rehabilitation, reconstruction or repair | ||||||
12 | or remodeling of
existing public or private buildings, | ||||||
13 | fixtures, and leasehold
improvements; and the cost of | ||||||
14 | replacing
an existing public building if pursuant to the | ||||||
15 | implementation of a
redevelopment project the existing | ||||||
16 | public building is to be demolished to use
the site for | ||||||
17 | private investment or
devoted to a different use requiring | ||||||
18 | private investment; including any direct or indirect costs | ||||||
19 | relating to Green Globes or LEED certified construction | ||||||
20 | elements or construction elements with an equivalent | ||||||
21 | certification;
| ||||||
22 | (4) Costs of the construction of public works or | ||||||
23 | improvements, including any direct or indirect costs | ||||||
24 | relating to Green Globes or LEED certified construction | ||||||
25 | elements or construction elements with an equivalent | ||||||
26 | certification, except
that on and after November 1, 1999,
|
| |||||||
| |||||||
1 | redevelopment
project costs shall not include the cost of | ||||||
2 | constructing a
new municipal public building principally | ||||||
3 | used to provide
offices, storage space, or conference | ||||||
4 | facilities or vehicle storage,
maintenance, or repair for | ||||||
5 | administrative,
public safety, or public works personnel
| ||||||
6 | and that is not intended to replace an existing
public | ||||||
7 | building as provided under paragraph (3) of subsection (q) | ||||||
8 | of Section
11-74.4-3
unless either (i) the construction of | ||||||
9 | the new municipal building
implements a redevelopment | ||||||
10 | project that was included in a redevelopment plan
that was | ||||||
11 | adopted by the municipality prior to November 1, 1999, | ||||||
12 | (ii) the
municipality makes a reasonable
determination in | ||||||
13 | the redevelopment plan, supported by information that | ||||||
14 | provides
the basis for that determination, that the new | ||||||
15 | municipal building is required
to meet an increase in the | ||||||
16 | need for public safety purposes anticipated to
result from | ||||||
17 | the implementation of the redevelopment plan, or (iii) the | ||||||
18 | new municipal public building is for the storage, | ||||||
19 | maintenance, or repair of transit vehicles and is located | ||||||
20 | in a transit facility improvement area that has been | ||||||
21 | established pursuant to Section 11-74.4-3.3;
| ||||||
22 | (5) Costs of job training and retraining projects, | ||||||
23 | including the cost of
"welfare to work" programs | ||||||
24 | implemented by businesses located within the
redevelopment | ||||||
25 | project area;
| ||||||
26 | (6) Financing costs, including but not limited to all |
| |||||||
| |||||||
1 | necessary and
incidental expenses related to the issuance | ||||||
2 | of obligations and which may
include payment of interest | ||||||
3 | on any obligations issued hereunder including
interest | ||||||
4 | accruing
during the estimated period of construction of | ||||||
5 | any redevelopment project
for which such obligations are | ||||||
6 | issued and for not exceeding 36 months
thereafter and | ||||||
7 | including reasonable reserves related thereto;
| ||||||
8 | (7) To the extent the municipality by written | ||||||
9 | agreement accepts and
approves
the same, all or a portion | ||||||
10 | of a taxing district's capital costs resulting
from the | ||||||
11 | redevelopment project necessarily incurred or to be | ||||||
12 | incurred within a
taxing district in
furtherance of the | ||||||
13 | objectives of the redevelopment plan and project;
| ||||||
14 | (7.5) For redevelopment project areas designated (or | ||||||
15 | redevelopment
project areas amended to add or increase the | ||||||
16 | number of
tax-increment-financing assisted housing units) | ||||||
17 | on or after November 1,
1999,
an elementary, secondary,
or | ||||||
18 | unit school
district's increased costs attributable to | ||||||
19 | assisted housing units located
within the
redevelopment | ||||||
20 | project area for which the developer or redeveloper | ||||||
21 | receives
financial assistance through an agreement with | ||||||
22 | the municipality or because the
municipality incurs the | ||||||
23 | cost of necessary infrastructure improvements within
the | ||||||
24 | boundaries of the assisted housing sites necessary for the | ||||||
25 | completion of
that housing
as authorized by this Act, and | ||||||
26 | which costs shall be paid by the municipality
from the |
| |||||||
| |||||||
1 | Special Tax Allocation Fund when the tax increment revenue | ||||||
2 | is received
as a result of the assisted housing units and | ||||||
3 | shall be calculated annually as
follows:
| ||||||
4 | (A) for foundation districts, excluding any school | ||||||
5 | district in a
municipality with a population in excess | ||||||
6 | of 1,000,000, by multiplying the
district's increase | ||||||
7 | in attendance resulting from the net increase in new
| ||||||
8 | students enrolled in that school district who reside | ||||||
9 | in housing units within
the redevelopment project area | ||||||
10 | that have received financial assistance through
an | ||||||
11 | agreement with the municipality or because the | ||||||
12 | municipality incurs the cost
of necessary | ||||||
13 | infrastructure improvements within the boundaries of | ||||||
14 | the housing
sites necessary for the completion of that | ||||||
15 | housing as authorized by this Act
since the | ||||||
16 | designation of the redevelopment project area by the | ||||||
17 | most recently
available per capita tuition cost as | ||||||
18 | defined in Section 10-20.12a of the School
Code less | ||||||
19 | any increase in general State aid as defined in | ||||||
20 | Section 18-8.05 of
the School Code or evidence-based | ||||||
21 | funding as defined in Section 18-8.15 of the School | ||||||
22 | Code attributable to these added new students subject | ||||||
23 | to the
following annual limitations:
| ||||||
24 | (i) for unit school districts with a district | ||||||
25 | average 1995-96 Per
Capita
Tuition Charge of less | ||||||
26 | than $5,900, no more than 25% of the total amount |
| |||||||
| |||||||
1 | of
property tax increment revenue produced by | ||||||
2 | those housing units that have
received tax | ||||||
3 | increment finance assistance under this Act;
| ||||||
4 | (ii) for elementary school districts with a | ||||||
5 | district average 1995-96
Per
Capita Tuition Charge | ||||||
6 | of less than $5,900, no more than 17% of the total | ||||||
7 | amount
of property tax increment revenue produced | ||||||
8 | by those housing units that have
received tax | ||||||
9 | increment finance assistance under this Act; and
| ||||||
10 | (iii) for secondary school districts with a | ||||||
11 | district average 1995-96
Per
Capita Tuition Charge | ||||||
12 | of less than $5,900, no more than 8% of the total | ||||||
13 | amount
of property tax increment revenue produced | ||||||
14 | by those housing units that have
received tax | ||||||
15 | increment finance assistance under this Act.
| ||||||
16 | (B) For alternate method districts, flat grant | ||||||
17 | districts, and foundation
districts with a district | ||||||
18 | average 1995-96 Per Capita Tuition Charge equal to or
| ||||||
19 | more than $5,900, excluding any school district with a | ||||||
20 | population in excess of
1,000,000, by multiplying the | ||||||
21 | district's increase in attendance
resulting
from the | ||||||
22 | net increase in new students enrolled in that school | ||||||
23 | district who
reside in
housing units within the | ||||||
24 | redevelopment project area that have received
| ||||||
25 | financial assistance through an agreement with the | ||||||
26 | municipality or because the
municipality incurs the |
| |||||||
| |||||||
1 | cost of necessary infrastructure improvements within
| ||||||
2 | the boundaries of the housing sites necessary for the | ||||||
3 | completion of that
housing as authorized by this Act | ||||||
4 | since the designation of the redevelopment
project | ||||||
5 | area by the most recently available per capita tuition | ||||||
6 | cost as defined
in Section 10-20.12a of the School | ||||||
7 | Code less any increase in general state aid
as defined | ||||||
8 | in Section 18-8.05 of the School Code or | ||||||
9 | evidence-based funding as defined in Section 18-8.15 | ||||||
10 | of the School Code attributable to these added
new | ||||||
11 | students subject to the following annual limitations:
| ||||||
12 | (i) for unit school districts, no more than | ||||||
13 | 40% of the total amount of
property tax increment | ||||||
14 | revenue produced by those housing units that have
| ||||||
15 | received tax increment finance assistance under | ||||||
16 | this Act;
| ||||||
17 | (ii) for elementary school districts, no more | ||||||
18 | than 27% of the total
amount
of property tax | ||||||
19 | increment revenue produced by those housing units | ||||||
20 | that have
received tax increment finance | ||||||
21 | assistance under this Act; and
| ||||||
22 | (iii) for secondary school districts, no more | ||||||
23 | than 13% of the total
amount
of property tax | ||||||
24 | increment revenue produced by those housing units | ||||||
25 | that have
received tax increment finance | ||||||
26 | assistance under this Act.
|
| |||||||
| |||||||
1 | (C) For any school district in a municipality with | ||||||
2 | a population in
excess of
1,000,000, the following | ||||||
3 | restrictions shall apply to the
reimbursement of | ||||||
4 | increased costs under this paragraph (7.5):
| ||||||
5 | (i) no increased costs shall be reimbursed | ||||||
6 | unless the school district
certifies that each of | ||||||
7 | the schools affected by the assisted housing | ||||||
8 | project
is at or over its student capacity;
| ||||||
9 | (ii) the amount reimbursable shall be reduced | ||||||
10 | by the value of any
land
donated to the school | ||||||
11 | district by the municipality or developer, and by | ||||||
12 | the
value of any physical improvements made to the | ||||||
13 | schools by the
municipality or developer; and
| ||||||
14 | (iii) the amount reimbursed may not affect | ||||||
15 | amounts otherwise obligated
by
the terms of any | ||||||
16 | bonds, notes, or other funding instruments, or the | ||||||
17 | terms of
any redevelopment agreement.
| ||||||
18 | Any school district seeking payment under this | ||||||
19 | paragraph (7.5) shall,
after July 1 and before | ||||||
20 | September 30 of each year,
provide the municipality | ||||||
21 | with reasonable evidence to support its claim for
| ||||||
22 | reimbursement before the municipality shall be | ||||||
23 | required to approve or make
the payment to the school | ||||||
24 | district. If the school district fails to provide
the | ||||||
25 | information during this period in any year, it shall | ||||||
26 | forfeit any claim to
reimbursement for that year. |
| |||||||
| |||||||
1 | School districts may adopt a resolution
waiving the | ||||||
2 | right to all or a portion of the reimbursement | ||||||
3 | otherwise required
by this paragraph
(7.5). By | ||||||
4 | acceptance of this reimbursement the school
district | ||||||
5 | waives the right to directly or indirectly set aside, | ||||||
6 | modify, or
contest in any manner the establishment of | ||||||
7 | the redevelopment project area or
projects;
| ||||||
8 | (7.7) For redevelopment project areas designated (or | ||||||
9 | redevelopment
project areas amended to add or increase the | ||||||
10 | number of
tax-increment-financing assisted housing units) | ||||||
11 | on or after
January 1, 2005 (the effective date of Public | ||||||
12 | Act 93-961),
a public library
district's increased costs | ||||||
13 | attributable to assisted housing units located
within the
| ||||||
14 | redevelopment project area for which the developer or | ||||||
15 | redeveloper receives
financial assistance through an | ||||||
16 | agreement with the municipality or because the
| ||||||
17 | municipality incurs the cost of necessary infrastructure | ||||||
18 | improvements within
the boundaries of the assisted housing | ||||||
19 | sites necessary for the completion of
that housing
as | ||||||
20 | authorized by this Act shall be paid to the library | ||||||
21 | district by the
municipality
from the Special Tax | ||||||
22 | Allocation Fund when the tax increment revenue is received
| ||||||
23 | as a result of the assisted housing units. This paragraph | ||||||
24 | (7.7) applies only if (i) the library district is located | ||||||
25 | in a county that is subject to the Property Tax Extension | ||||||
26 | Limitation Law or (ii) the library district is not located |
| |||||||
| |||||||
1 | in a county that is subject to the Property Tax Extension | ||||||
2 | Limitation Law but the district is prohibited by any other | ||||||
3 | law from increasing its tax levy rate without a prior | ||||||
4 | voter referendum.
| ||||||
5 | The amount paid to a library district under this | ||||||
6 | paragraph (7.7) shall be
calculated
by multiplying (i) the | ||||||
7 | net increase in the number of persons eligible to obtain
a
| ||||||
8 | library card
in that district who reside in housing units | ||||||
9 | within
the redevelopment project area that have received | ||||||
10 | financial assistance through
an agreement with the | ||||||
11 | municipality or because the municipality incurs the cost
| ||||||
12 | of necessary infrastructure improvements within the | ||||||
13 | boundaries of the housing
sites necessary for the | ||||||
14 | completion of that housing as authorized by this Act
since | ||||||
15 | the designation of the redevelopment project area by (ii)
| ||||||
16 | the per-patron cost of providing library services so long | ||||||
17 | as it does not exceed $120.
The per-patron cost shall be | ||||||
18 | the Total Operating Expenditures Per Capita for the | ||||||
19 | library in the previous fiscal year.
The municipality may | ||||||
20 | deduct from the amount that it must pay to a library | ||||||
21 | district under this paragraph any amount that it has | ||||||
22 | voluntarily paid to the library district from the tax | ||||||
23 | increment revenue. The amount paid to a library district | ||||||
24 | under this paragraph (7.7) shall be no
more
than 2% of the | ||||||
25 | amount produced by the assisted housing units and | ||||||
26 | deposited into the Special Tax Allocation Fund.
|
| |||||||
| |||||||
1 | A library district is not eligible for any payment | ||||||
2 | under this paragraph
(7.7)
unless the library district has | ||||||
3 | experienced an increase in the
number of patrons from the | ||||||
4 | municipality that created the tax-increment-financing | ||||||
5 | district since the designation of the redevelopment | ||||||
6 | project area.
| ||||||
7 | Any library district seeking payment under this | ||||||
8 | paragraph (7.7) shall,
after July 1 and before September | ||||||
9 | 30 of each year,
provide the municipality with convincing | ||||||
10 | evidence to support its claim for
reimbursement before the | ||||||
11 | municipality shall be required to approve or make
the | ||||||
12 | payment to the library district. If the library district | ||||||
13 | fails to provide
the information during this period in any | ||||||
14 | year, it shall forfeit any claim to
reimbursement for that | ||||||
15 | year. Library districts may adopt a resolution
waiving the | ||||||
16 | right to all or a portion of the reimbursement otherwise | ||||||
17 | required by this paragraph (7.7). By acceptance of such | ||||||
18 | reimbursement, the library district shall forfeit any | ||||||
19 | right to directly or indirectly set aside, modify, or | ||||||
20 | contest in any manner whatsoever the establishment of the | ||||||
21 | redevelopment project area or
projects; | ||||||
22 | (8) Relocation costs to the extent that a municipality | ||||||
23 | determines that
relocation costs shall be paid or is | ||||||
24 | required to make payment of relocation
costs by federal or | ||||||
25 | State law or in order to satisfy subparagraph (7) of
| ||||||
26 | subsection (n);
|
| |||||||
| |||||||
1 | (9) Payment in lieu of taxes;
| ||||||
2 | (10) Costs of job training, retraining, advanced | ||||||
3 | vocational education
or career
education, including but | ||||||
4 | not limited to courses in occupational,
semi-technical or | ||||||
5 | technical fields leading directly to employment, incurred
| ||||||
6 | by one or more taxing districts, provided that such costs | ||||||
7 | (i) are related
to the establishment and maintenance of | ||||||
8 | additional job training, advanced
vocational education or | ||||||
9 | career education programs for persons employed or
to be | ||||||
10 | employed by employers located in a redevelopment project | ||||||
11 | area; and
(ii) when incurred by a taxing district or | ||||||
12 | taxing districts other than the
municipality, are set | ||||||
13 | forth in a written agreement by or among the
municipality | ||||||
14 | and the taxing district or taxing districts, which | ||||||
15 | agreement
describes the program to be undertaken, | ||||||
16 | including but not limited to the
number of employees to be | ||||||
17 | trained, a description of the training and
services to be | ||||||
18 | provided, the number and type of positions available or to
| ||||||
19 | be available, itemized costs of the program and sources of | ||||||
20 | funds to pay for the
same, and the term of the agreement. | ||||||
21 | Such costs include, specifically, the
payment by community | ||||||
22 | college districts of costs pursuant to Sections 3-37,
| ||||||
23 | 3-38, 3-40 and 3-40.1 of the Public Community College Act | ||||||
24 | and by school
districts of costs pursuant to Sections | ||||||
25 | 10-22.20a and 10-23.3a of the School
Code;
| ||||||
26 | (11) Interest cost incurred by a redeveloper related |
| |||||||
| |||||||
1 | to the
construction, renovation or rehabilitation of a | ||||||
2 | redevelopment project
provided that:
| ||||||
3 | (A) such costs are to be paid directly from the | ||||||
4 | special tax
allocation fund established pursuant to | ||||||
5 | this Act;
| ||||||
6 | (B) such payments in any one year may not exceed | ||||||
7 | 30% of the annual
interest costs incurred by the | ||||||
8 | redeveloper with regard to the redevelopment
project | ||||||
9 | during that year;
| ||||||
10 | (C) if there are not sufficient funds available in | ||||||
11 | the special tax
allocation fund to make the payment | ||||||
12 | pursuant to this paragraph (11) then
the amounts so | ||||||
13 | due shall accrue and be payable when sufficient funds | ||||||
14 | are
available in the special tax allocation fund;
| ||||||
15 | (D) the total of such interest payments paid | ||||||
16 | pursuant to this Act
may not exceed 30% of the total | ||||||
17 | (i) cost paid or incurred by the
redeveloper for the | ||||||
18 | redevelopment project plus (ii) redevelopment project
| ||||||
19 | costs excluding any property assembly costs and any | ||||||
20 | relocation costs
incurred by a municipality pursuant | ||||||
21 | to this Act;
| ||||||
22 | (E) the cost limits set forth in subparagraphs (B) | ||||||
23 | and (D) of
paragraph (11) shall be modified for the | ||||||
24 | financing of rehabilitated or
new housing units for | ||||||
25 | low-income households and very low-income households, | ||||||
26 | as
defined in
Section 3 of the Illinois Affordable |
| |||||||
| |||||||
1 | Housing Act. The percentage of
75% shall be | ||||||
2 | substituted for 30% in subparagraphs (B) and (D) of
| ||||||
3 | paragraph (11); and
| ||||||
4 | (F) instead of the eligible costs provided by | ||||||
5 | subparagraphs (B) and (D)
of
paragraph (11), as | ||||||
6 | modified by this subparagraph, and notwithstanding
any | ||||||
7 | other provisions of this Act to the contrary, the | ||||||
8 | municipality may
pay from tax increment revenues up to | ||||||
9 | 50% of the cost of construction
of new housing units to | ||||||
10 | be occupied by low-income households and very
| ||||||
11 | low-income
households as defined in Section 3 of the | ||||||
12 | Illinois Affordable Housing
Act. The cost of | ||||||
13 | construction of those units may be derived from the
| ||||||
14 | proceeds of bonds issued by the municipality under | ||||||
15 | this Act or
other constitutional or statutory | ||||||
16 | authority or from other sources of
municipal revenue | ||||||
17 | that may be reimbursed from tax increment
revenues or | ||||||
18 | the proceeds of bonds issued to finance the | ||||||
19 | construction
of that housing.
| ||||||
20 | The eligible costs provided under this | ||||||
21 | subparagraph (F) of paragraph (11)
shall
be
an | ||||||
22 | eligible cost for the construction, renovation, and | ||||||
23 | rehabilitation of all
low and very low-income housing | ||||||
24 | units, as defined in Section 3 of the Illinois
| ||||||
25 | Affordable Housing Act, within the redevelopment | ||||||
26 | project area. If the low and
very
low-income units are |
| |||||||
| |||||||
1 | part of a residential redevelopment project that | ||||||
2 | includes
units not affordable to low and very | ||||||
3 | low-income households, only the low and
very | ||||||
4 | low-income units shall be eligible for benefits under | ||||||
5 | this subparagraph (F) of
paragraph (11).
The standards | ||||||
6 | for maintaining the occupancy
by low-income households | ||||||
7 | and very low-income households,
as
defined in Section | ||||||
8 | 3 of the Illinois Affordable Housing Act,
of those | ||||||
9 | units constructed with eligible costs made available | ||||||
10 | under the
provisions of
this subparagraph (F) of | ||||||
11 | paragraph (11)
shall be
established by guidelines | ||||||
12 | adopted by the municipality. The
responsibility for | ||||||
13 | annually documenting the initial occupancy of
the | ||||||
14 | units by low-income households and very low-income | ||||||
15 | households, as defined
in
Section 3
of the Illinois | ||||||
16 | Affordable Housing Act, shall be that of the then | ||||||
17 | current
owner of the property.
For ownership units, | ||||||
18 | the guidelines will provide, at a minimum, for a
| ||||||
19 | reasonable recapture of funds, or other appropriate | ||||||
20 | methods designed to
preserve the original | ||||||
21 | affordability of the ownership units. For rental | ||||||
22 | units,
the guidelines will provide, at a minimum, for | ||||||
23 | the affordability of rent to low
and very low-income | ||||||
24 | households. As units become available, they shall be
| ||||||
25 | rented to income-eligible tenants.
The municipality | ||||||
26 | may modify these
guidelines from time to time; the |
| |||||||
| |||||||
1 | guidelines, however, shall be in effect
for as long as | ||||||
2 | tax increment revenue is being used to pay for costs
| ||||||
3 | associated with the units or for the retirement of | ||||||
4 | bonds issued to finance
the units or for the life of | ||||||
5 | the redevelopment project area, whichever is
later;
| ||||||
6 | (11.5) If the redevelopment project area is located | ||||||
7 | within a municipality
with a population of more than | ||||||
8 | 100,000, the cost of day care services for
children of | ||||||
9 | employees from
low-income
families working for businesses | ||||||
10 | located within the redevelopment project area
and all or a
| ||||||
11 | portion of the cost of operation of day care centers | ||||||
12 | established by
redevelopment project
area businesses to | ||||||
13 | serve employees from low-income families working in
| ||||||
14 | businesses
located in the redevelopment project area. For | ||||||
15 | the purposes of this paragraph,
"low-income families" | ||||||
16 | means families whose annual income does not exceed 80% of
| ||||||
17 | the
municipal, county, or regional median income, adjusted | ||||||
18 | for family size, as the
annual
income and municipal, | ||||||
19 | county, or regional median income are determined from
time | ||||||
20 | to
time by the United States Department of Housing and | ||||||
21 | Urban Development.
| ||||||
22 | (12) Costs relating to the development of urban | ||||||
23 | agricultural areas under Division 15.2 of the Illinois | ||||||
24 | Municipal Code. | ||||||
25 | Unless explicitly stated herein the cost of construction | ||||||
26 | of new
privately-owned buildings shall not be an eligible |
| |||||||
| |||||||
1 | redevelopment project cost.
| ||||||
2 | After November 1, 1999 (the effective date of Public Act
| ||||||
3 | 91-478), none of
the
redevelopment project costs enumerated in | ||||||
4 | this subsection shall be eligible
redevelopment project costs | ||||||
5 | if those costs would provide direct financial
support to a
| ||||||
6 | retail entity initiating operations in the
redevelopment | ||||||
7 | project area while
terminating operations at another Illinois | ||||||
8 | location within 10 miles of the
redevelopment project area but | ||||||
9 | outside the boundaries of the redevelopment
project area | ||||||
10 | municipality. For
purposes of this paragraph, termination | ||||||
11 | means a
closing of a retail operation that is directly related | ||||||
12 | to the opening of the
same operation or like retail entity | ||||||
13 | owned or operated by more than 50% of the
original ownership in | ||||||
14 | a redevelopment project area, but
it does not mean
closing an | ||||||
15 | operation for reasons beyond the control of the
retail entity, | ||||||
16 | as
documented by the retail entity, subject to a reasonable | ||||||
17 | finding by the
municipality that the current location | ||||||
18 | contained inadequate space, had become
economically obsolete, | ||||||
19 | or was no longer a viable location for the retailer or
| ||||||
20 | serviceman.
| ||||||
21 | No cost shall be a redevelopment project cost in a | ||||||
22 | redevelopment project area if used to demolish, remove, or | ||||||
23 | substantially modify a historic resource, after August 26, | ||||||
24 | 2008 (the effective date of Public Act 95-934), unless no | ||||||
25 | prudent and feasible alternative exists. "Historic resource" | ||||||
26 | for the purpose of this paragraph means (i) a place or |
| |||||||
| |||||||
1 | structure that is included or eligible for inclusion on the | ||||||
2 | National Register of Historic Places or (ii) a contributing | ||||||
3 | structure in a district on the National Register of Historic | ||||||
4 | Places. This paragraph does not apply to a place or structure | ||||||
5 | for which demolition, removal, or modification is subject to | ||||||
6 | review by the preservation agency of a Certified Local | ||||||
7 | Government designated as such by the National Park Service of | ||||||
8 | the United States Department of the Interior. | ||||||
9 | If a special service area has been established pursuant to
| ||||||
10 | the Special Service Area Tax Act or Special Service Area Tax | ||||||
11 | Law, then any
tax increment revenues derived
from the tax | ||||||
12 | imposed pursuant to the Special Service Area Tax Act or | ||||||
13 | Special
Service Area Tax Law may
be used within the | ||||||
14 | redevelopment project area for the purposes permitted by
that | ||||||
15 | Act or Law as well as the purposes permitted by this Act.
| ||||||
16 | (q-1) For redevelopment project areas created pursuant to | ||||||
17 | subsection (p-1), redevelopment project costs are limited to | ||||||
18 | those costs in paragraph (q) that are related to the existing | ||||||
19 | or proposed Regional Transportation Authority Suburban Transit | ||||||
20 | Access Route (STAR Line) station. | ||||||
21 | (q-2) For a redevelopment project area located within a | ||||||
22 | transit facility improvement area established pursuant to | ||||||
23 | Section 11-74.4-3.3, redevelopment project costs means those | ||||||
24 | costs described in subsection (q) that are related to the | ||||||
25 | construction, reconstruction, rehabilitation, remodeling, or | ||||||
26 | repair of any existing or proposed transit facility. |
| |||||||
| |||||||
1 | (r) "State Sales Tax Boundary" means the redevelopment | ||||||
2 | project area or
the amended redevelopment project area | ||||||
3 | boundaries which are determined
pursuant to subsection (9) of | ||||||
4 | Section 11-74.4-8a of this
Act. The Department of Revenue | ||||||
5 | shall certify pursuant to subsection (9) of
Section 11-74.4-8a | ||||||
6 | the appropriate boundaries eligible for the
determination of | ||||||
7 | State Sales Tax Increment.
| ||||||
8 | (s) "State Sales Tax Increment" means an amount equal to | ||||||
9 | the increase
in the aggregate amount of taxes paid by | ||||||
10 | retailers and servicemen, other
than retailers and servicemen | ||||||
11 | subject to the Public Utilities Act,
on transactions at places | ||||||
12 | of business located within a State Sales Tax
Boundary pursuant | ||||||
13 | to the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
14 | Service Use Tax Act, and the Service Occupation Tax Act, | ||||||
15 | except such
portion of such increase that is paid into the | ||||||
16 | State and Local Sales Tax
Reform Fund, the Local Government | ||||||
17 | Distributive Fund, the Local
Government Tax Fund and the | ||||||
18 | County and Mass Transit District Fund, for as
long as State | ||||||
19 | participation exists, over and above the Initial Sales Tax
| ||||||
20 | Amounts, Adjusted Initial Sales Tax Amounts or the Revised | ||||||
21 | Initial Sales
Tax Amounts for such taxes as certified by the | ||||||
22 | Department of Revenue and
paid under those Acts by retailers | ||||||
23 | and servicemen on transactions at places
of business located | ||||||
24 | within the State Sales Tax Boundary during the base
year which | ||||||
25 | shall be the calendar year immediately prior to the year in
| ||||||
26 | which the municipality adopted tax increment allocation |
| |||||||
| |||||||
1 | financing, less
3.0% of such amounts generated under the | ||||||
2 | Retailers' Occupation Tax Act, Use
Tax Act and Service Use Tax | ||||||
3 | Act and the Service Occupation Tax Act, which
sum shall be | ||||||
4 | appropriated to the Department of Revenue to cover its costs
| ||||||
5 | of administering and enforcing this Section. For purposes of | ||||||
6 | computing the
aggregate amount of such taxes for base years | ||||||
7 | occurring prior to 1985, the
Department of Revenue shall | ||||||
8 | compute the Initial Sales Tax Amount for such
taxes and deduct | ||||||
9 | therefrom an amount equal to 4% of the aggregate amount of
| ||||||
10 | taxes per year for each year the base year is prior to 1985, | ||||||
11 | but not to
exceed a total deduction of 12%. The amount so | ||||||
12 | determined shall be known
as the "Adjusted Initial Sales Tax | ||||||
13 | Amount". For purposes of determining the
State Sales Tax | ||||||
14 | Increment the Department of Revenue shall for each period
| ||||||
15 | subtract from the tax amounts received from retailers and | ||||||
16 | servicemen on
transactions located in the State Sales Tax | ||||||
17 | Boundary, the certified Initial
Sales Tax Amounts, Adjusted | ||||||
18 | Initial Sales Tax Amounts or Revised Initial
Sales Tax Amounts | ||||||
19 | for the Retailers' Occupation Tax Act, the Use Tax Act,
the | ||||||
20 | Service Use Tax Act and the Service Occupation Tax Act. For the | ||||||
21 | State
Fiscal Year 1989 this calculation shall be made by | ||||||
22 | utilizing the calendar
year 1987 to determine the tax amounts | ||||||
23 | received. For the State Fiscal Year
1990, this calculation | ||||||
24 | shall be made by utilizing the period from January
1, 1988, | ||||||
25 | until September 30, 1988, to determine the tax amounts | ||||||
26 | received
from retailers and servicemen, which shall have |
| |||||||
| |||||||
1 | deducted therefrom
nine-twelfths of the certified Initial | ||||||
2 | Sales Tax Amounts, Adjusted Initial
Sales Tax Amounts or the | ||||||
3 | Revised Initial Sales Tax Amounts as appropriate.
For the | ||||||
4 | State Fiscal Year 1991, this calculation shall be made by | ||||||
5 | utilizing
the period from October 1, 1988, until June 30, | ||||||
6 | 1989, to determine the tax
amounts received from retailers and | ||||||
7 | servicemen, which shall have
deducted therefrom nine-twelfths | ||||||
8 | of the certified Initial State Sales Tax
Amounts, Adjusted | ||||||
9 | Initial Sales Tax Amounts or the Revised Initial Sales
Tax | ||||||
10 | Amounts as appropriate. For every State Fiscal Year | ||||||
11 | thereafter, the
applicable period shall be the 12 months | ||||||
12 | beginning July 1 and ending on
June 30, to determine the tax | ||||||
13 | amounts received which shall have deducted
therefrom the | ||||||
14 | certified Initial Sales Tax Amounts, Adjusted Initial Sales
| ||||||
15 | Tax Amounts or the Revised Initial Sales Tax Amounts. | ||||||
16 | Municipalities
intending to receive a distribution of State | ||||||
17 | Sales Tax Increment must
report a list of retailers to the | ||||||
18 | Department of Revenue by October 31, 1988
and by July 31, of | ||||||
19 | each year thereafter.
| ||||||
20 | (t) "Taxing districts" means counties, townships, cities | ||||||
21 | and incorporated
towns and villages, school, road, park, | ||||||
22 | sanitary, mosquito abatement, forest
preserve, public health, | ||||||
23 | fire protection, river conservancy, tuberculosis
sanitarium | ||||||
24 | and any other municipal corporations or districts with the | ||||||
25 | power
to levy taxes.
| ||||||
26 | (u) "Taxing districts' capital costs" means those costs of |
| |||||||
| |||||||
1 | taxing districts
for capital improvements that are found by | ||||||
2 | the municipal corporate authorities
to be necessary and | ||||||
3 | directly result from the redevelopment project.
| ||||||
4 | (v) As used in subsection (a) of Section 11-74.4-3 of this
| ||||||
5 | Act, "vacant
land" means any parcel or combination of parcels | ||||||
6 | of real property without
industrial, commercial, and | ||||||
7 | residential buildings which has not been used
for commercial | ||||||
8 | agricultural purposes within 5 years prior to the
designation | ||||||
9 | of the redevelopment project area, unless the parcel
is | ||||||
10 | included in an industrial park conservation area or the parcel | ||||||
11 | has
been subdivided; provided that if the parcel was part of a | ||||||
12 | larger tract that
has been divided into 3 or more smaller | ||||||
13 | tracts that were accepted for
recording during the period from | ||||||
14 | 1950 to 1990, then the parcel shall be deemed
to have been | ||||||
15 | subdivided, and all proceedings and actions of the | ||||||
16 | municipality
taken in that connection with respect to any | ||||||
17 | previously approved or designated
redevelopment project area | ||||||
18 | or amended redevelopment project area are hereby
validated and | ||||||
19 | hereby declared to be legally sufficient for all purposes of | ||||||
20 | this
Act.
For purposes of this Section and only for land | ||||||
21 | subject to
the subdivision requirements of the Plat Act, land | ||||||
22 | is subdivided when the
original plat of
the proposed | ||||||
23 | Redevelopment Project Area or relevant portion thereof has
| ||||||
24 | been
properly certified, acknowledged, approved, and recorded | ||||||
25 | or filed in accordance
with the Plat Act and a preliminary | ||||||
26 | plat, if any, for any subsequent phases of
the
proposed |
| |||||||
| |||||||
1 | Redevelopment Project Area or relevant portion thereof has | ||||||
2 | been
properly approved and filed in accordance with the | ||||||
3 | applicable ordinance of the
municipality.
| ||||||
4 | (w) "Annual Total Increment" means the sum of each | ||||||
5 | municipality's
annual Net Sales Tax Increment and each | ||||||
6 | municipality's annual Net Utility
Tax Increment. The ratio of | ||||||
7 | the Annual Total Increment of each
municipality to the Annual | ||||||
8 | Total Increment for all municipalities, as most
recently | ||||||
9 | calculated by the Department, shall determine the proportional
| ||||||
10 | shares of the Illinois Tax Increment Fund to be distributed to | ||||||
11 | each
municipality.
| ||||||
12 | (x) "LEED certified" means any certification level of | ||||||
13 | construction elements by a qualified Leadership in Energy and | ||||||
14 | Environmental Design Accredited Professional as determined by | ||||||
15 | the U.S. Green Building Council. | ||||||
16 | (y) "Green Globes certified" means any certification level | ||||||
17 | of construction elements by a qualified Green Globes | ||||||
18 | Professional as determined by the Green Building Initiative. | ||||||
19 | (Source: P.A. 99-792, eff. 8-12-16; 100-201, eff. 8-18-17; | ||||||
20 | 100-465, eff. 8-31-17; 100-1133, eff. 1-1-19.)
| ||||||
21 | (65 ILCS 5/11-74.4-3.5)
| ||||||
22 | Sec. 11-74.4-3.5. Completion dates for redevelopment | ||||||
23 | projects. | ||||||
24 | (a) Unless otherwise stated in this Section and before | ||||||
25 | July 1, 2021 , the estimated dates of completion
of the |
| |||||||
| |||||||
1 | redevelopment project and retirement of obligations issued to | ||||||
2 | finance
redevelopment project costs (including refunding bonds | ||||||
3 | under Section 11-74.4-7) may not be
later than December 31 of | ||||||
4 | the year in which the payment to the municipal
treasurer, as | ||||||
5 | provided in subsection (b) of Section 11-74.4-8 of this Act, | ||||||
6 | is to
be made with respect to ad valorem taxes levied in the | ||||||
7 | 23rd
calendar year after the year in which the ordinance | ||||||
8 | approving the
redevelopment project area was adopted if the | ||||||
9 | ordinance was adopted on or after
January 15, 1981. | ||||||
10 | (a-3) After July 1, 2021, the estimated dates of | ||||||
11 | completion of the redevelopment project and retirement of | ||||||
12 | obligations issued to finance redevelopment project costs | ||||||
13 | (including refunding bonds under Section 11-74.4-7) may not be | ||||||
14 | later than December 31 of the year in which the payment to the | ||||||
15 | municipal treasurer, as provided in subsection (b) of Section | ||||||
16 | 11-74.4-8 of this Act, is to be made with respect to ad valorem | ||||||
17 | taxes levied in the 10th calendar year after the year in which | ||||||
18 | the ordinance approving the redevelopment project area was | ||||||
19 | adopted if the ordinance was adopted on or after July 1, 2021. | ||||||
20 | (a-5) If the redevelopment project area is located within | ||||||
21 | a transit facility improvement area established pursuant to | ||||||
22 | Section 11-74.4-3, the estimated dates of completion of the | ||||||
23 | redevelopment project and retirement of obligations issued to | ||||||
24 | finance redevelopment project costs (including refunding bonds | ||||||
25 | under Section 11-74.4-7) may not be later than December 31 of | ||||||
26 | the year in which the payment to the municipal treasurer, as |
| |||||||
| |||||||
1 | provided in subsection (b) of Section 11-74.4-8 of this Act, | ||||||
2 | is to be made with respect to ad valorem taxes levied in the | ||||||
3 | 35th calendar year after the year in which the ordinance | ||||||
4 | approving the redevelopment project area was adopted. | ||||||
5 | (a-7) A municipality may adopt tax increment financing for | ||||||
6 | a redevelopment project area located in a transit facility | ||||||
7 | improvement area that also includes real property located | ||||||
8 | within an existing redevelopment project area established | ||||||
9 | prior to August 12, 2016 (the effective date of Public Act | ||||||
10 | 99-792). In such case: (i) the provisions of this Division | ||||||
11 | shall apply with respect to the previously established | ||||||
12 | redevelopment project area until the municipality adopts, as | ||||||
13 | required in accordance with applicable provisions of this | ||||||
14 | Division, an ordinance dissolving the special tax allocation | ||||||
15 | fund for such redevelopment project area and terminating the | ||||||
16 | designation of such redevelopment project area as a | ||||||
17 | redevelopment project area; and (ii) after the effective date | ||||||
18 | of the ordinance described in (i), the provisions of this | ||||||
19 | Division shall apply with respect to the subsequently | ||||||
20 | established redevelopment project area located in a transit | ||||||
21 | facility improvement area. | ||||||
22 | (b) The estimated dates of completion of the redevelopment | ||||||
23 | project and retirement of obligations issued to finance | ||||||
24 | redevelopment project costs (including refunding bonds under | ||||||
25 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
26 | year in which the payment to the municipal treasurer as |
| |||||||
| |||||||
1 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
2 | to be made with respect to ad valorem taxes levied in the 32nd | ||||||
3 | calendar year after the year in which the ordinance approving | ||||||
4 | the redevelopment project area was adopted if the ordinance | ||||||
5 | was adopted on September 9, 1999 by the Village of Downs. | ||||||
6 | The estimated dates of completion
of the redevelopment | ||||||
7 | project and retirement of obligations issued to finance
| ||||||
8 | redevelopment project costs (including refunding bonds under | ||||||
9 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
10 | year in which the payment to the municipal
treasurer as | ||||||
11 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
12 | to
be made with respect to ad valorem taxes levied in the 33rd | ||||||
13 | calendar
year after the year in which the ordinance approving | ||||||
14 | the
redevelopment project area was adopted if the ordinance | ||||||
15 | was adopted on May 20, 1985 by the Village of Wheeling. | ||||||
16 | The estimated dates of completion of the redevelopment | ||||||
17 | project and retirement of obligations issued to finance | ||||||
18 | redevelopment project costs (including refunding bonds under | ||||||
19 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
20 | year in which the payment to the municipal treasurer as | ||||||
21 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
22 | to be made with respect to ad valorem taxes levied in the 28th | ||||||
23 | calendar year after the year in which the ordinance approving | ||||||
24 | the redevelopment project area was adopted if the ordinance | ||||||
25 | was adopted on October 12, 1989 by the City of Lawrenceville. | ||||||
26 | (c) The estimated dates of completion
of the redevelopment |
| |||||||
| |||||||
1 | project and retirement of obligations issued to finance
| ||||||
2 | redevelopment project costs (including refunding bonds under | ||||||
3 | Section 11-74.4-7) may not be later than December 31 of the | ||||||
4 | year in which the payment to the municipal
treasurer as | ||||||
5 | provided in subsection (b) of Section 11-74.4-8 of this Act is | ||||||
6 | to
be made with respect to ad valorem taxes levied (i) in the | ||||||
7 | 35th calendar
year after the year in which the ordinance | ||||||
8 | approving the
redevelopment project area was adopted through | ||||||
9 | June 30, 2021, and (ii) after July 1, 2021, in the 15th | ||||||
10 | calendar year after the year in which the ordinance approving | ||||||
11 | the redevelopment project area was adopted : | ||||||
12 | (1) If the ordinance was adopted before January 15, | ||||||
13 | 1981. | ||||||
14 | (2) If the ordinance was adopted in December 1983, | ||||||
15 | April 1984, July 1985,
or December 1989. | ||||||
16 | (3) If the ordinance was adopted in December 1987 and | ||||||
17 | the redevelopment
project is located within one mile of | ||||||
18 | Midway Airport. | ||||||
19 | (4) If the ordinance was adopted before January 1, | ||||||
20 | 1987 by a municipality in
Mason County. | ||||||
21 | (5) If the municipality is subject to the Local | ||||||
22 | Government Financial Planning
and Supervision Act or the | ||||||
23 | Financially Distressed City Law. | ||||||
24 | (6) If the ordinance was adopted in December 1984 by | ||||||
25 | the Village of Rosemont. | ||||||
26 | (7) If the ordinance was adopted on December 31, 1986 |
| |||||||
| |||||||
1 | by a municipality
located in Clinton County for which at | ||||||
2 | least $250,000 of tax increment
bonds were authorized on | ||||||
3 | June 17, 1997, or if the ordinance was adopted on
December | ||||||
4 | 31, 1986 by a municipality with a population in 1990 of | ||||||
5 | less than
3,600 that is located in a county with a | ||||||
6 | population in 1990 of less than
34,000 and for which at | ||||||
7 | least $250,000 of tax increment bonds were authorized
on | ||||||
8 | June 17, 1997. | ||||||
9 | (8) If the ordinance was adopted on October 5, 1982 by | ||||||
10 | the City of Kankakee, or if the ordinance was adopted on | ||||||
11 | December 29, 1986 by East St. Louis. | ||||||
12 | (9) If
the ordinance was adopted on November 12, 1991 | ||||||
13 | by the Village of Sauget. | ||||||
14 | (10) If the ordinance was
adopted on February 11, 1985 | ||||||
15 | by the City of Rock Island. | ||||||
16 | (11) If the ordinance was adopted before December 18, | ||||||
17 | 1986 by the City of
Moline. | ||||||
18 | (12) If the ordinance was adopted in September 1988 by | ||||||
19 | Sauk Village. | ||||||
20 | (13) If the ordinance was adopted in October 1993 by | ||||||
21 | Sauk Village. | ||||||
22 | (14) If the ordinance was adopted on December 29, 1986 | ||||||
23 | by the City of Galva. | ||||||
24 | (15) If the ordinance was adopted in March 1991 by the | ||||||
25 | City of Centreville. | ||||||
26 | (16) If the ordinance was adopted on January 23, 1991
|
| |||||||
| |||||||
1 | by the City of East St. Louis. | ||||||
2 | (17) If the ordinance was adopted on December 22, 1986 | ||||||
3 | by the City of Aledo. | ||||||
4 | (18) If the ordinance was adopted on February 5, 1990 | ||||||
5 | by the City of Clinton. | ||||||
6 | (19) If the ordinance was adopted on September 6, 1994 | ||||||
7 | by the City of Freeport. | ||||||
8 | (20) If the ordinance was adopted on December 22, 1986 | ||||||
9 | by the City of Tuscola. | ||||||
10 | (21) If the ordinance was adopted on December 23, 1986 | ||||||
11 | by the City of Sparta. | ||||||
12 | (22) If the ordinance was adopted on December 23, 1986 | ||||||
13 | by the City of
Beardstown. | ||||||
14 | (23) If the ordinance was adopted on April 27, 1981, | ||||||
15 | October 21, 1985, or
December 30, 1986 by the City of | ||||||
16 | Belleville. | ||||||
17 | (24) If the ordinance was adopted on December 29, 1986 | ||||||
18 | by the City of
Collinsville. | ||||||
19 | (25) If the ordinance was adopted on September 14, | ||||||
20 | 1994 by the
City of Alton. | ||||||
21 | (26) If the ordinance was adopted on November 11, 1996 | ||||||
22 | by the
City of Lexington. | ||||||
23 | (27) If the ordinance was adopted on November 5, 1984 | ||||||
24 | by
the City of LeRoy. | ||||||
25 | (28) If the ordinance was adopted on April 3, 1991 or
| ||||||
26 | June 3, 1992 by the City of Markham. |
| |||||||
| |||||||
1 | (29) If the ordinance was adopted on November 11, 1986 | ||||||
2 | by the City of Pekin. | ||||||
3 | (30) If the ordinance was adopted on December 15, 1981 | ||||||
4 | by the City of Champaign. | ||||||
5 | (31) If the ordinance was adopted on December 15, 1986 | ||||||
6 | by the City of Urbana. | ||||||
7 | (32) If the ordinance was adopted on December 15, 1986 | ||||||
8 | by the Village of Heyworth. | ||||||
9 | (33) If the ordinance was adopted on February 24, 1992 | ||||||
10 | by the Village of Heyworth. | ||||||
11 | (34) If the ordinance was adopted on March 16, 1995 by | ||||||
12 | the Village of Heyworth. | ||||||
13 | (35) If the ordinance was adopted on December 23, 1986 | ||||||
14 | by the Town of Cicero. | ||||||
15 | (36) If the ordinance was adopted on December 30, 1986 | ||||||
16 | by the City of Effingham. | ||||||
17 | (37) If the ordinance was adopted on May 9, 1991 by the | ||||||
18 | Village of
Tilton. | ||||||
19 | (38) If the ordinance was adopted on October 20, 1986 | ||||||
20 | by the City of Elmhurst. | ||||||
21 | (39) If the ordinance was adopted on January 19, 1988 | ||||||
22 | by the City of
Waukegan. | ||||||
23 | (40) If the ordinance was adopted on September 21, | ||||||
24 | 1998 by the City of
Waukegan. | ||||||
25 | (41) If the ordinance was adopted on December 31, 1986 | ||||||
26 | by the City of Sullivan. |
| |||||||
| |||||||
1 | (42) If the ordinance was adopted on December 23, 1991 | ||||||
2 | by the City of Sullivan. | ||||||
3 | (43) If the ordinance was adopted on December 31, 1986 | ||||||
4 | by the City of Oglesby. | ||||||
5 | (44) If the ordinance was adopted on July 28, 1987 by | ||||||
6 | the City of Marion. | ||||||
7 | (45) If the ordinance was adopted on April 23, 1990 by | ||||||
8 | the City of Marion. | ||||||
9 | (46) If the ordinance was adopted on August 20, 1985 | ||||||
10 | by the Village of Mount Prospect. | ||||||
11 | (47) If the ordinance was adopted on February 2, 1998 | ||||||
12 | by the Village of Woodhull. | ||||||
13 | (48) If the ordinance was adopted on April 20, 1993 by | ||||||
14 | the Village of Princeville. | ||||||
15 | (49) If the ordinance was adopted on July 1, 1986 by | ||||||
16 | the City of Granite City. | ||||||
17 | (50) If the ordinance was adopted on February 2, 1989 | ||||||
18 | by the Village of Lombard. | ||||||
19 | (51) If the ordinance was adopted on December 29, 1986 | ||||||
20 | by the Village of Gardner. | ||||||
21 | (52) If the ordinance was adopted on July 14, 1999 by | ||||||
22 | the Village of Paw Paw. | ||||||
23 | (53) If the ordinance was adopted on November 17, 1986 | ||||||
24 | by the Village of Franklin Park. | ||||||
25 | (54) If the ordinance was adopted on November 20, 1989 | ||||||
26 | by the Village of South Holland. |
| |||||||
| |||||||
1 | (55) If the ordinance was adopted on July 14, 1992 by | ||||||
2 | the Village of Riverdale. | ||||||
3 | (56) If the ordinance was adopted on December 29, 1986 | ||||||
4 | by the City of Galesburg. | ||||||
5 | (57) If the ordinance was adopted on April 1, 1985 by | ||||||
6 | the City of Galesburg. | ||||||
7 | (58) If the ordinance was adopted on May 21, 1990 by | ||||||
8 | the City of West Chicago. | ||||||
9 | (59) If the ordinance was adopted on December 16, 1986 | ||||||
10 | by the City of Oak Forest. | ||||||
11 | (60) If the ordinance was adopted in 1999 by the City | ||||||
12 | of Villa Grove. | ||||||
13 | (61) If the ordinance was adopted on January 13, 1987 | ||||||
14 | by the Village of Mt. Zion. | ||||||
15 | (62) If the ordinance was adopted on December 30, 1986 | ||||||
16 | by the Village of Manteno. | ||||||
17 | (63) If the ordinance was adopted on April 3, 1989 by | ||||||
18 | the City of Chicago Heights. | ||||||
19 | (64) If the ordinance was adopted on January 6, 1999 | ||||||
20 | by the Village of Rosemont. | ||||||
21 | (65) If the ordinance was adopted on December 19, 2000 | ||||||
22 | by the Village of Stone Park. | ||||||
23 | (66) If the ordinance was adopted on December 22, 1986 | ||||||
24 | by the City of DeKalb. | ||||||
25 | (67) If the ordinance was adopted on December 2, 1986 | ||||||
26 | by the City of Aurora.
|
| |||||||
| |||||||
1 | (68) If the ordinance was adopted on December 31, 1986 | ||||||
2 | by the Village of Milan. | ||||||
3 | (69) If the ordinance was adopted on September 8, 1994 | ||||||
4 | by the City of West Frankfort. | ||||||
5 | (70) If the ordinance was adopted on December 23, 1986 | ||||||
6 | by the Village of Libertyville. | ||||||
7 | (71) If the ordinance was adopted on December 22, 1986 | ||||||
8 | by the Village of Hoffman Estates.
| ||||||
9 | (72) If the ordinance was adopted on September 17, | ||||||
10 | 1986 by the Village of Sherman.
| ||||||
11 | (73) If the ordinance was adopted on December 16, 1986 | ||||||
12 | by the City of Macomb. | ||||||
13 | (74) If the ordinance was adopted on June 11, 2002 by | ||||||
14 | the City of East Peoria to create the West Washington | ||||||
15 | Street TIF. | ||||||
16 | (75) If the ordinance was adopted on June 11, 2002 by | ||||||
17 | the City of East Peoria to create the Camp Street TIF.
| ||||||
18 | (76) If the ordinance was adopted on August 7, 2000 by | ||||||
19 | the City of Des Plaines. | ||||||
20 | (77) If the ordinance was adopted on December 22, 1986 | ||||||
21 | by the City of Washington to create the Washington Square | ||||||
22 | TIF #2. | ||||||
23 | (78) If the ordinance was adopted on December 29, 1986 | ||||||
24 | by the City of Morris.
| ||||||
25 | (79) If the ordinance was adopted on July 6, 1998 by | ||||||
26 | the Village of Steeleville. |
| |||||||
| |||||||
1 | (80) If the ordinance was adopted on December 29, 1986 | ||||||
2 | by the City of Pontiac to create TIF I (the Main St TIF). | ||||||
3 | (81) If the ordinance was adopted on December 29, 1986 | ||||||
4 | by the City of Pontiac to create TIF II (the Interstate | ||||||
5 | TIF). | ||||||
6 | (82) If the ordinance was adopted on November 6, 2002 | ||||||
7 | by the City of Chicago to create the Madden/Wells TIF | ||||||
8 | District. | ||||||
9 | (83) If the ordinance was adopted on November 4, 1998 | ||||||
10 | by the City of Chicago to create the Roosevelt/Racine TIF | ||||||
11 | District. | ||||||
12 | (84) If the ordinance was adopted on June 10, 1998 by | ||||||
13 | the City of Chicago to create the Stony Island | ||||||
14 | Commercial/Burnside Industrial Corridors TIF District. | ||||||
15 | (85) If the ordinance was adopted on November 29, 1989 | ||||||
16 | by the City of Chicago to create the Englewood Mall TIF | ||||||
17 | District. | ||||||
18 | (86) If the ordinance was adopted on December 27, 1986 | ||||||
19 | by the City of Mendota. | ||||||
20 | (87) If the ordinance was adopted on December 31, 1986 | ||||||
21 | by the Village of Cahokia. | ||||||
22 | (88) If the ordinance was adopted on September 20, | ||||||
23 | 1999 by the City of Belleville. | ||||||
24 | (89) If the ordinance was adopted on December 30, 1986 | ||||||
25 | by the Village of Bellevue to create the Bellevue TIF | ||||||
26 | District 1. |
| |||||||
| |||||||
1 | (90) If the ordinance was adopted on December 13, 1993 | ||||||
2 | by the Village of Crete. | ||||||
3 | (91) If the ordinance was adopted on February 12, 2001 | ||||||
4 | by the Village of Crete. | ||||||
5 | (92) If the ordinance was adopted on April 23, 2001 by | ||||||
6 | the Village of Crete. | ||||||
7 | (93) If the ordinance was adopted on December 16, 1986 | ||||||
8 | by the City of Champaign. | ||||||
9 | (94) If the ordinance was adopted on December 20, 1986 | ||||||
10 | by the City of Charleston. | ||||||
11 | (95) If the ordinance was adopted on June 6, 1989 by | ||||||
12 | the Village of Romeoville. | ||||||
13 | (96) If the ordinance was adopted on October 14, 1993 | ||||||
14 | and amended on August 2, 2010 by the City of Venice. | ||||||
15 | (97) If the ordinance was adopted on June 1, 1994 by | ||||||
16 | the City of Markham. | ||||||
17 | (98) If the ordinance was adopted on May 19, 1998 by | ||||||
18 | the Village of Bensenville. | ||||||
19 | (99) If the ordinance was adopted on November 12, 1987 | ||||||
20 | by the City of Dixon. | ||||||
21 | (100) If the ordinance was adopted on December 20, | ||||||
22 | 1988 by the Village of Lansing. | ||||||
23 | (101) If the ordinance was adopted on October 27, 1998 | ||||||
24 | by the City of Moline. | ||||||
25 | (102) If the ordinance was adopted on May 21, 1991 by | ||||||
26 | the Village of Glenwood. |
| |||||||
| |||||||
1 | (103) If the ordinance was adopted on January 28, 1992 | ||||||
2 | by the City of East Peoria. | ||||||
3 | (104) If the ordinance was adopted on December 14, | ||||||
4 | 1998 by the City of Carlyle. | ||||||
5 | (105) If the ordinance was adopted on May 17, 2000, as | ||||||
6 | subsequently amended, by the City of Chicago to create the | ||||||
7 | Midwest Redevelopment TIF District. | ||||||
8 | (106) If the ordinance was adopted on September 13, | ||||||
9 | 1989 by the City of Chicago to create the Michigan/Cermak | ||||||
10 | Area TIF District. | ||||||
11 | (107) If the ordinance was adopted on March 30, 1992 | ||||||
12 | by the Village of Ohio. | ||||||
13 | (108) If the ordinance was adopted on July 6, 1998 by | ||||||
14 | the Village of Orangeville. | ||||||
15 | (109) If the ordinance was adopted on December 16, | ||||||
16 | 1997 by the Village of Germantown. | ||||||
17 | (110) If the ordinance was adopted on April 28, 2003 | ||||||
18 | by Gibson City. | ||||||
19 | (111) If the ordinance was adopted on December 18, | ||||||
20 | 1990 by the Village of Washington Park, but only after the | ||||||
21 | Village of Washington Park becomes compliant with the | ||||||
22 | reporting requirements under subsection (d) of Section | ||||||
23 | 11-74.4-5, and after the State Comptroller's certification | ||||||
24 | of such compliance. | ||||||
25 | (112) If the ordinance was adopted on February 28, | ||||||
26 | 2000 by the City of Harvey. |
| |||||||
| |||||||
1 | (113) If the ordinance was adopted on January 11, 1991 | ||||||
2 | by the City of Chicago to create the Read/Dunning TIF | ||||||
3 | District. | ||||||
4 | (114) If the ordinance was adopted on July 24, 1991 by | ||||||
5 | the City of Chicago to create the Sanitary and Ship Canal | ||||||
6 | TIF District. | ||||||
7 | (115) If the ordinance was adopted on December 4, 2007 | ||||||
8 | by the City of Naperville. | ||||||
9 | (116) If the ordinance was adopted on July 1, 2002 by | ||||||
10 | the Village of Arlington Heights. | ||||||
11 | (117) If the ordinance was adopted on February 11, | ||||||
12 | 1991 by the Village of Machesney Park. | ||||||
13 | (118) If the ordinance was adopted on December 29, | ||||||
14 | 1993 by the City of Ottawa. | ||||||
15 | (119) If the ordinance was adopted on June 4, 1991 by | ||||||
16 | the Village of Lansing. | ||||||
17 | (120) If the ordinance was adopted on February 10, | ||||||
18 | 2004 by the Village of Fox Lake. | ||||||
19 | (121) If the ordinance was adopted on December 22, | ||||||
20 | 1992 by the City of Fairfield. | ||||||
21 | (122) If the ordinance was adopted on February 10, | ||||||
22 | 1992 by the City of Mt. Sterling. | ||||||
23 | (123) If the ordinance was adopted on March 15, 2004 | ||||||
24 | by the City of Batavia. | ||||||
25 | (124) If the ordinance was adopted on March 18, 2002 | ||||||
26 | by the Village of Lake Zurich. |
| |||||||
| |||||||
1 | (125) If the ordinance was adopted on September 23, | ||||||
2 | 1997 by the City of Granite City. | ||||||
3 | (126) If the ordinance was adopted on May 8, 2013 by | ||||||
4 | the Village of Rosemont to create the Higgins Road/River | ||||||
5 | Road TIF District No. 6. | ||||||
6 | (127) If the ordinance was adopted on November 22, | ||||||
7 | 1993 by the City of Arcola. | ||||||
8 | (128) If the ordinance was adopted on September 7, | ||||||
9 | 2004 by the City of Arcola. | ||||||
10 | (129) If the ordinance was adopted on November 29, | ||||||
11 | 1999 by the City of Paris. | ||||||
12 | (130) If the ordinance was adopted on September 20, | ||||||
13 | 1994 by the City of Ottawa to create the U.S. Route 6 East | ||||||
14 | Ottawa TIF. | ||||||
15 | (131) If the ordinance was adopted on May 2, 2002 by | ||||||
16 | the Village of Crestwood. | ||||||
17 | (132) If the ordinance was adopted on October 27, 1992 | ||||||
18 | by the City of Blue Island. | ||||||
19 | (133) If the ordinance was adopted on December 23, | ||||||
20 | 1993 by the City of Lacon. | ||||||
21 | (134) If the ordinance was adopted on May 4, 1998 by | ||||||
22 | the Village of Bradford. | ||||||
23 | (135) If the ordinance was adopted on June 11, 2002 by | ||||||
24 | the City of Oak Forest. | ||||||
25 | (136) If the ordinance was adopted on November 16, | ||||||
26 | 1992 by the City of Pinckneyville. |
| |||||||
| |||||||
1 | (137) If the ordinance was adopted on March 1, 2001 by | ||||||
2 | the Village of South Jacksonville. | ||||||
3 | (138) If the ordinance was adopted on February 26, | ||||||
4 | 1992 by the City of Chicago to create the Stockyards | ||||||
5 | Southeast Quadrant TIF District. | ||||||
6 | (139) If the ordinance was adopted on January 25, 1993 | ||||||
7 | by the City of LaSalle. | ||||||
8 | (140) If the ordinance was adopted on December 23, | ||||||
9 | 1997 by the Village of Dieterich. | ||||||
10 | (141) If the ordinance was adopted on February 10, | ||||||
11 | 2016 by the Village of Rosemont to create the | ||||||
12 | Balmoral/Pearl TIF No. 8 Tax Increment Financing | ||||||
13 | Redevelopment Project Area. | ||||||
14 | (142) If the ordinance was adopted on June 11, 2002 by | ||||||
15 | the City of Oak Forest. | ||||||
16 | (143) If the ordinance was adopted on January 31, 1995 | ||||||
17 | by the Village of Milledgeville. | ||||||
18 | (144) If the ordinance was adopted on February 5, 1996 | ||||||
19 | by the Village of Pearl City. | ||||||
20 | (145) If the ordinance was adopted on December 21, | ||||||
21 | 1994 by the City of Calumet City. | ||||||
22 | (146) If the ordinance was adopted on May 5, 2003 by | ||||||
23 | the Town of Normal. | ||||||
24 | (147) If the ordinance was adopted on June 2, 1998 by | ||||||
25 | the City of Litchfield. | ||||||
26 | (148) If the ordinance was adopted on October 23, 1995 |
| |||||||
| |||||||
1 | by the City of Marion. | ||||||
2 | (149) If the ordinance was adopted on May 24, 2001 by | ||||||
3 | the Village of Hanover Park. | ||||||
4 | (150) If the ordinance was adopted on May 30, 1995 by | ||||||
5 | the Village of Dalzell. | ||||||
6 | (151) If the ordinance was adopted on April 15, 1997 | ||||||
7 | by the City of Edwardsville. | ||||||
8 | (152) If the ordinance was adopted on September 5, | ||||||
9 | 1995 by the City of Granite City. | ||||||
10 | (153) If the ordinance was adopted on June 21, 1999 by | ||||||
11 | the Village of Table Grove. | ||||||
12 | (154) If the ordinance was adopted on February 23, | ||||||
13 | 1995 by the City of Springfield. | ||||||
14 | (155) If the ordinance was adopted on August 11, 1999 | ||||||
15 | by the City of Monmouth. | ||||||
16 | (156) If the ordinance was adopted on December 26, | ||||||
17 | 1995 by the Village of Posen. | ||||||
18 | (157) If the ordinance was adopted on July 1, 1995 by | ||||||
19 | the Village of Caseyville. | ||||||
20 | (158) If the ordinance was adopted on January 30, 1996 | ||||||
21 | by the City of Madison. | ||||||
22 | (159) If the ordinance was adopted on February 2, 1996 | ||||||
23 | by the Village of Hartford. | ||||||
24 | (160) If the ordinance was adopted on July 2, 1996 by | ||||||
25 | the Village of Manlius. | ||||||
26 | (161) If the ordinance was adopted on March 21, 2000 |
| |||||||
| |||||||
1 | by the City of Hoopeston. | ||||||
2 | (162) If the ordinance was adopted on March 22, 2005 | ||||||
3 | by the City of Hoopeston. | ||||||
4 | (163) If the ordinance was adopted on July 10, 1996 by | ||||||
5 | the City of Chicago to create the Goose Island TIF | ||||||
6 | District. | ||||||
7 | (164) If the ordinance was adopted on December 11, | ||||||
8 | 1996 by the City of Chicago to create the Bryn | ||||||
9 | Mawr/Broadway TIF District. | ||||||
10 | (165) If the ordinance was adopted on December 31, | ||||||
11 | 1995 by the City of Chicago to create the 95th/Western TIF | ||||||
12 | District. | ||||||
13 | (166) If the ordinance was adopted on October 7, 1998 | ||||||
14 | by the City of Chicago to create the 71st and Stony Island | ||||||
15 | TIF District. | ||||||
16 | (167) If the ordinance was adopted on April 19, 1995 | ||||||
17 | by the Village of North Utica. | ||||||
18 | (168) If the ordinance was adopted on April 22, 1996 | ||||||
19 | by the City of LaSalle. | ||||||
20 | (169) If the ordinance was adopted on June 9, 2008 by | ||||||
21 | the City of Country Club Hills. | ||||||
22 | (170) If the ordinance was adopted on July 3, 1996 by | ||||||
23 | the Village of Phoenix. | ||||||
24 | (171) If the ordinance was adopted on May 19, 1997 by | ||||||
25 | the Village of Swansea. | ||||||
26 | (172) If the ordinance was adopted on August 13, 2001 |
| |||||||
| |||||||
1 | by the Village of Saunemin. | ||||||
2 | (173) If the ordinance was adopted on January 10, 2005 | ||||||
3 | by the Village of Romeoville. | ||||||
4 | (174) If the ordinance was adopted on January 28, 1997 | ||||||
5 | by the City of Berwyn for the South Berwyn Corridor Tax | ||||||
6 | Increment Financing District. | ||||||
7 | (175) If the ordinance was adopted on January 28, 1997 | ||||||
8 | by the City of Berwyn for the Roosevelt Road Tax Increment | ||||||
9 | Financing District. | ||||||
10 | (176) If the ordinance was adopted on May 3, 2001 by | ||||||
11 | the Village of Hanover Park for the Village Center Tax | ||||||
12 | Increment Financing Redevelopment Project Area (TIF # 3). | ||||||
13 | (177) If the ordinance was adopted on January 1, 1996 | ||||||
14 | by the City of Savanna. | ||||||
15 | (178) If the ordinance was adopted on January 28, 2002 | ||||||
16 | by the Village of Okawville. | ||||||
17 | (179) If the ordinance was adopted on October 4, 1999 | ||||||
18 | by the City of Vandalia. | ||||||
19 | (180) If the ordinance was adopted on June 16, 2003 by | ||||||
20 | the City of Rushville. | ||||||
21 | (181) If the ordinance was adopted on December 7, 1998 | ||||||
22 | by the City of Quincy for the Central Business District | ||||||
23 | West Tax Increment Redevelopment Project Area. | ||||||
24 | (182) If the ordinance was adopted on March 27, 1997 | ||||||
25 | by the Village of Maywood approving the Roosevelt Road TIF | ||||||
26 | District. |
| |||||||
| |||||||
1 | (183) If the ordinance was adopted on March 27, 1997 | ||||||
2 | by the Village of Maywood approving the Madison | ||||||
3 | Street/Fifth Avenue TIF District. | ||||||
4 | (184) If the ordinance was adopted on November 10, | ||||||
5 | 1997 by the Village of Park Forest. | ||||||
6 | (185) If the ordinance was adopted on July 30, 1997 by | ||||||
7 | the City of Chicago to create the Near North TIF district. | ||||||
8 | (186) If the ordinance was adopted on December 1, 2000 | ||||||
9 | by the Village of Mahomet. | ||||||
10 | (187) If the ordinance was adopted on June 16, 1999 by | ||||||
11 | the Village of Washburn. | ||||||
12 | (188) If the ordinance was adopted on August 19, 1998 | ||||||
13 | by the Village of New Berlin. | ||||||
14 | On or after July 1, 2021, before the completion date may be | ||||||
15 | extended under this subsection to the 15th calendar year after | ||||||
16 | the year in which the ordinance approving the redevelopment | ||||||
17 | project area was adopted, the municipality shall request that | ||||||
18 | the joint review board convene and issue a written report | ||||||
19 | describing its decision whether or not to extend the | ||||||
20 | completion date of the redevelopment project area. If the | ||||||
21 | joint review board does not file a report, it shall be presumed | ||||||
22 | that the taxing bodies approve the extension of the life of the | ||||||
23 | redevelopment project area. If both the municipality and the | ||||||
24 | joint review board elects to extend the completion date under | ||||||
25 | this subsection, the municipality shall give at least 30 days' | ||||||
26 | written notice to the taxing bodies before the adoption of the |
| |||||||
| |||||||
1 | ordinance approving the extension of the completion date. | ||||||
2 | (d) For redevelopment project areas for which bonds were | ||||||
3 | issued before
July 29, 1991, or for which contracts were | ||||||
4 | entered into before June 1,
1988, in connection with a | ||||||
5 | redevelopment project in the area within
the State Sales Tax | ||||||
6 | Boundary, the estimated dates of completion of the
| ||||||
7 | redevelopment project and retirement of obligations to finance | ||||||
8 | redevelopment
project costs (including refunding bonds under | ||||||
9 | Section 11-74.4-7) may be extended by municipal ordinance to | ||||||
10 | December 31, 2013.
The termination procedures of subsection | ||||||
11 | (b) of Section 11-74.4-8 are not
required for
these | ||||||
12 | redevelopment project areas in 2009 but are required in 2013.
| ||||||
13 | The extension allowed by Public Act 87-1272 shall not apply to | ||||||
14 | real
property tax increment allocation financing under Section | ||||||
15 | 11-74.4-8. | ||||||
16 | (e) Those dates, for purposes of real property tax | ||||||
17 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
18 | only, shall be not more than 35 years
for redevelopment | ||||||
19 | project areas that were adopted on or after December 16,
1986 | ||||||
20 | and for which at least $8 million worth of municipal bonds were | ||||||
21 | authorized
on or after December 19, 1989 but before January 1, | ||||||
22 | 1990; provided that the
municipality elects to extend the life | ||||||
23 | of the redevelopment project area to 35
years by the adoption | ||||||
24 | of an ordinance after at least 14 but not more than 30
days' | ||||||
25 | written notice to the taxing bodies, that would otherwise | ||||||
26 | constitute the
joint review board for the redevelopment |
| |||||||
| |||||||
1 | project area, before the adoption of
the ordinance. | ||||||
2 | (f) Those dates, for purposes of real property tax | ||||||
3 | increment allocation
financing pursuant to Section 11-74.4-8 | ||||||
4 | only, shall be not more than 35 years
for redevelopment | ||||||
5 | project areas that were established on or after December 1,
| ||||||
6 | 1981 but before January 1, 1982 and for which at least | ||||||
7 | $1,500,000 worth of
tax increment revenue bonds were | ||||||
8 | authorized
on or after September 30, 1990 but before July 1, | ||||||
9 | 1991; provided that the
municipality elects to extend the life | ||||||
10 | of the redevelopment project area to 35
years by the adoption | ||||||
11 | of an ordinance after at least 14 but not more than 30
days' | ||||||
12 | written notice to the taxing bodies, that would otherwise | ||||||
13 | constitute the
joint review board for the redevelopment | ||||||
14 | project area, before the adoption of
the ordinance. | ||||||
15 | (f-5) Those dates, for purposes of real property tax | ||||||
16 | increment allocation financing pursuant to Section 11-74.4-8 | ||||||
17 | only, shall be not more than 47 years for redevelopment | ||||||
18 | project areas that were established on December 29, 1981 by | ||||||
19 | the City of Springfield; provided that (i) the City of | ||||||
20 | Springfield adopts an ordinance extending the life of the | ||||||
21 | redevelopment project area to 47 years and (ii) the City of | ||||||
22 | Springfield provides notice to the taxing bodies that would | ||||||
23 | otherwise constitute the joint review board for the | ||||||
24 | redevelopment project area not more than 30 and not less than | ||||||
25 | 14 days prior to the adoption of that ordinance. | ||||||
26 | (g) In consolidating the material relating to completion |
| |||||||
| |||||||
1 | dates from Sections 11-74.4-3 and 11-74.4-7 into this Section, | ||||||
2 | it is not the intent of the General Assembly to make any | ||||||
3 | substantive change in the law, except for the extension of the | ||||||
4 | completion dates for the City of Aurora, the Village of Milan,
| ||||||
5 | the City of West Frankfort, the Village of Libertyville, and | ||||||
6 | the Village of Hoffman Estates set forth under items (67),
| ||||||
7 | (68), (69), (70), and (71) of subsection (c) of this Section. | ||||||
8 | (Source: P.A. 100-201, eff. 8-18-17; 100-214, eff. 8-18-17; | ||||||
9 | 100-249, eff. 8-22-17; 100-510, eff. 9-15-17; 100-591, eff. | ||||||
10 | 6-21-18; 100-609, eff. 7-17-18; 100-836, eff. 8-13-18; | ||||||
11 | 100-853, eff. 8-14-18; 100-859, eff. 8-14-18; 100-863, eff. | ||||||
12 | 8-14-18; 100-873, eff. 8-14-18; 100-899, eff. 8-17-18; | ||||||
13 | 100-928, eff. 8-17-18; 100-967, eff. 8-19-18; 100-1031, eff. | ||||||
14 | 8-22-18; 100-1032, eff. 8-22-18; 100-1164, eff. 12-27-18; | ||||||
15 | 101-274, eff. 8-9-19; 101-618, eff. 12-20-19; 101-647, eff. | ||||||
16 | 6-26-20.)
| ||||||
17 | (65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5)
| ||||||
18 | Sec. 11-74.4-5. Public hearing; joint review board. | ||||||
19 | (a) The changes made by this amendatory Act of the 91st
| ||||||
20 | General Assembly do not apply to a municipality that, (i) | ||||||
21 | before the
effective date of this amendatory Act of the 91st | ||||||
22 | General Assembly,
has adopted an ordinance or resolution | ||||||
23 | fixing a time and place for a
public hearing under this Section | ||||||
24 | or (ii) before July 1, 1999, has adopted
an ordinance or | ||||||
25 | resolution providing for a feasibility study under Section
|
| |||||||
| |||||||
1 | 11-74.4-4.1, but has not yet adopted an ordinance
approving | ||||||
2 | redevelopment plans and redevelopment projects or designating
| ||||||
3 | redevelopment project areas under Section 11-74.4-4, until | ||||||
4 | after that
municipality adopts an ordinance
approving | ||||||
5 | redevelopment plans and redevelopment projects or designating
| ||||||
6 | redevelopment project areas under Section 11-74.4-4; | ||||||
7 | thereafter the changes
made by this amendatory Act of the 91st | ||||||
8 | General Assembly apply to the same
extent that they apply to
| ||||||
9 | redevelopment plans and redevelopment projects that were | ||||||
10 | approved and
redevelopment projects that were designated | ||||||
11 | before the effective date of this
amendatory Act of the 91st | ||||||
12 | General Assembly.
| ||||||
13 | Prior to the adoption of an ordinance proposing the
| ||||||
14 | designation of a redevelopment project area, or approving a
| ||||||
15 | redevelopment plan or redevelopment project, the municipality | ||||||
16 | by its
corporate authorities, or as it may determine by any | ||||||
17 | commission
designated under subsection (k) of Section | ||||||
18 | 11-74.4-4 shall adopt an
ordinance or resolution fixing
a time | ||||||
19 | and place for public hearing.
At least 10 days prior to the | ||||||
20 | adoption of the ordinance or resolution
establishing the time
| ||||||
21 | and place for the public hearing, the municipality shall make | ||||||
22 | available for
public inspection a redevelopment plan or a | ||||||
23 | separate report that provides in
reasonable detail the basis | ||||||
24 | for the eligibility of
the redevelopment project area. The | ||||||
25 | report along with the name of a
person to
contact for further | ||||||
26 | information shall be sent within a reasonable time
after the |
| |||||||
| |||||||
1 | adoption of such ordinance or resolution to the
affected | ||||||
2 | taxing districts
by certified mail.
On and after the effective | ||||||
3 | date of this amendatory Act of the 91st General
Assembly, the | ||||||
4 | municipality shall print in a newspaper of general circulation
| ||||||
5 | within the municipality a notice that interested persons may | ||||||
6 | register with the
municipality in order to receive information | ||||||
7 | on the proposed designation of a
redevelopment project area or | ||||||
8 | the approval of a redevelopment plan. The notice
shall state | ||||||
9 | the place of registration and the operating hours of that | ||||||
10 | place.
The municipality shall have adopted reasonable rules to | ||||||
11 | implement this
registration process under Section 11-74.4-4.2.
| ||||||
12 | The municipality shall provide notice of the availability of | ||||||
13 | the
redevelopment plan and eligibility report, including how | ||||||
14 | to obtain this
information, by mail within a reasonable time | ||||||
15 | after the adoption of the
ordinance or resolution, to all | ||||||
16 | residential addresses that, after a good faith
effort, the | ||||||
17 | municipality determines are located outside the proposed
| ||||||
18 | redevelopment project area and within 750 feet of the
| ||||||
19 | boundaries of the proposed redevelopment project area. This | ||||||
20 | requirement is
subject to the limitation that in a | ||||||
21 | municipality with a population of over
100,000, if the total | ||||||
22 | number of residential addresses outside the proposed
| ||||||
23 | redevelopment project area and within 750 feet of the
| ||||||
24 | boundaries of the proposed redevelopment project area exceeds | ||||||
25 | 750, the
municipality shall be required to provide the notice | ||||||
26 | to only the 750
residential addresses that, after a good faith |
| |||||||
| |||||||
1 | effort, the municipality
determines are outside the proposed | ||||||
2 | redevelopment project area and closest
to the boundaries of | ||||||
3 | the proposed redevelopment project
area.
Notwithstanding the | ||||||
4 | foregoing, notice given after August 7, 2001 (the
effective | ||||||
5 | date of Public Act 92-263) and before the effective date of | ||||||
6 | this
amendatory Act of the 92nd General Assembly to | ||||||
7 | residential addresses within 750
feet of the boundaries of a | ||||||
8 | proposed redevelopment project area shall be deemed
to have | ||||||
9 | been sufficiently given in compliance with this Act if given | ||||||
10 | only to
residents outside the boundaries of the proposed | ||||||
11 | redevelopment project area.
The notice shall also be provided | ||||||
12 | by the municipality, regardless of its
population, to those | ||||||
13 | organizations and residents that have registered with the
| ||||||
14 | municipality for that information in accordance with the | ||||||
15 | registration
guidelines established by the municipality under | ||||||
16 | Section 11-74.4-4.2.
| ||||||
17 | At the public hearing any
interested person or affected | ||||||
18 | taxing district may file with the
municipal clerk written | ||||||
19 | objections to and may be heard orally in respect
to any issues | ||||||
20 | embodied in the notice. The municipality shall hear all | ||||||
21 | protests
and objections at the hearing and the hearing may
be | ||||||
22 | adjourned to another date without further notice other than a | ||||||
23 | motion
to be entered upon the minutes fixing the time and place | ||||||
24 | of the
subsequent hearing.
At the public hearing or at any time | ||||||
25 | prior to the
adoption by the municipality of an ordinance | ||||||
26 | approving a redevelopment plan,
the municipality may make |
| |||||||
| |||||||
1 | changes in the redevelopment plan. Changes which (1)
add | ||||||
2 | additional parcels of property to the proposed redevelopment | ||||||
3 | project area,
(2) substantially affect the general land uses | ||||||
4 | proposed in the redevelopment
plan, (3) substantially change | ||||||
5 | the nature of or extend the life of the
redevelopment project,
| ||||||
6 | or (4) increase the number of inhabited residential units to | ||||||
7 | be displaced from the redevelopment project area, as
measured | ||||||
8 | from the time of creation of the redevelopment project area, | ||||||
9 | to a total of more than
10,
shall be made only after the
| ||||||
10 | municipality gives notice,
convenes a joint review board, and | ||||||
11 | conducts a public hearing pursuant to the
procedures set forth | ||||||
12 | in this Section and in Section 11-74.4-6 of this Act.
Changes | ||||||
13 | which do not (1) add additional parcels of property to the | ||||||
14 | proposed
redevelopment project area, (2) substantially affect | ||||||
15 | the general land uses
proposed in the redevelopment plan, (3) | ||||||
16 | substantially change the nature of
or extend the life of the | ||||||
17 | redevelopment project,
or (4) increase the number of inhabited | ||||||
18 | residential units to be displaced from the redevelopment | ||||||
19 | project area, as
measured from the time of creation of the | ||||||
20 | redevelopment project area, to a total
of more than 10,
may be | ||||||
21 | made without further
hearing, provided that the municipality | ||||||
22 | shall give notice of any such changes
by mail to each affected | ||||||
23 | taxing district and registrant on the interested
parties | ||||||
24 | registry, provided for under Section 11-74.4-4.2, and by | ||||||
25 | publication in
a newspaper of
general circulation within the | ||||||
26 | affected taxing district. Such notice by mail
and by |
| |||||||
| |||||||
1 | publication shall each occur not later than 10 days following | ||||||
2 | the
adoption by ordinance of such changes. Hearings with | ||||||
3 | regard to a redevelopment
project area, project or plan may be | ||||||
4 | held simultaneously.
| ||||||
5 | (b) Prior to holding a public hearing to approve or amend a | ||||||
6 | redevelopment
plan or to designate or add additional parcels | ||||||
7 | of property to a redevelopment
project area, the municipality
| ||||||
8 | shall convene a joint review board. The board shall consist of | ||||||
9 | a representative
selected by each community college district, | ||||||
10 | local elementary school
district and high school district or | ||||||
11 | each local community unit school
district, park district, | ||||||
12 | library district, township, fire protection
district, and | ||||||
13 | county that will have the authority to
directly levy taxes on | ||||||
14 | the property within the proposed redevelopment
project area at | ||||||
15 | the time that the proposed redevelopment project area is
| ||||||
16 | approved, a representative selected by the municipality and a | ||||||
17 | public
member. The public member shall first be selected and | ||||||
18 | then the board's
chairperson shall be selected by
a majority | ||||||
19 | of the board members present and voting.
| ||||||
20 | For redevelopment project areas with redevelopment plans | ||||||
21 | or proposed
redevelopment plans that would
result in the | ||||||
22 | displacement of residents from 10 or more inhabited | ||||||
23 | residential
units or that include 75 or more inhabited | ||||||
24 | residential units, the public member
shall be a person who | ||||||
25 | resides in the redevelopment project area. If, as
determined | ||||||
26 | by the housing impact study provided for in paragraph (5) of
|
| |||||||
| |||||||
1 | subsection (n) of Section 11-74.4-3, or if no housing impact | ||||||
2 | study is required
then based on other reasonable data, the | ||||||
3 | majority of residential units are
occupied by very low, low, | ||||||
4 | or moderate income households, as defined in Section
3 of the | ||||||
5 | Illinois Affordable Housing Act, the public member shall be a | ||||||
6 | person
who resides in very low, low, or moderate income | ||||||
7 | housing within the
redevelopment project area. Municipalities | ||||||
8 | with fewer than 15,000 residents
shall not be required to | ||||||
9 | select a person who lives in very low, low, or
moderate income | ||||||
10 | housing within the redevelopment project area, provided that
| ||||||
11 | the redevelopment plan or project will not result in | ||||||
12 | displacement of residents
from 10 or more inhabited units, and | ||||||
13 | the municipality so certifies
in the plan. If no person | ||||||
14 | satisfying these requirements is available or if no
qualified | ||||||
15 | person will serve as the public member, then the joint review | ||||||
16 | board
is relieved of this paragraph's selection requirements | ||||||
17 | for the public
member.
| ||||||
18 | Within 90 days of the effective date of this amendatory | ||||||
19 | Act of the 91st
General Assembly, each municipality that | ||||||
20 | designated a redevelopment project
area for which it was not | ||||||
21 | required to convene a joint review board under this
Section | ||||||
22 | shall convene a joint review board to perform the
duties | ||||||
23 | specified under paragraph (e) of this Section.
| ||||||
24 | All board members shall be appointed and the first board | ||||||
25 | meeting shall be
held at least 14 days but not more than 28 | ||||||
26 | days after the
mailing of notice by the
municipality to the |
| |||||||
| |||||||
1 | taxing
districts as required by Section 11-74.4-6(c).
| ||||||
2 | Notwithstanding the preceding sentence, a municipality that | ||||||
3 | adopted either a
public hearing resolution or a feasibility | ||||||
4 | resolution between July 1, 1999 and
July 1, 2000 that called | ||||||
5 | for the meeting of the joint review board within 14
days of | ||||||
6 | notice of public hearing to affected taxing districts is | ||||||
7 | deemed to be
in compliance with the notice, meeting, and | ||||||
8 | public hearing provisions of the
Act.
Such notice
shall also | ||||||
9 | advise
the taxing bodies represented on the joint review board | ||||||
10 | of the time and place
of the first meeting of the board. | ||||||
11 | Additional meetings of the
board shall be held upon the call of | ||||||
12 | any member. The municipality
seeking designation of the | ||||||
13 | redevelopment project area shall provide
administrative | ||||||
14 | support to the board.
| ||||||
15 | The board shall review (i) the public record, planning | ||||||
16 | documents and
proposed ordinances approving the redevelopment | ||||||
17 | plan and
project and (ii) proposed amendments to the | ||||||
18 | redevelopment plan or additions
of parcels of property to the | ||||||
19 | redevelopment project area to be
adopted by the municipality. | ||||||
20 | As part of its deliberations, the board may
hold additional | ||||||
21 | hearings on the proposal. A
board's recommendation shall be
an | ||||||
22 | advisory, non-binding recommendation. The recommendation shall | ||||||
23 | be adopted
by a majority of those members present and voting. | ||||||
24 | The recommendations shall
be submitted to the municipality
| ||||||
25 | within 30 days after convening of the board.
Failure of the | ||||||
26 | board to
submit
its report on a timely basis shall not be cause |
| |||||||
| |||||||
1 | to delay the public hearing
or any other step in the process of | ||||||
2 | designating or
amending the
redevelopment project area but | ||||||
3 | shall be deemed to constitute approval by the
joint review | ||||||
4 | board of the matters before it.
| ||||||
5 | The board shall base its recommendation to approve or | ||||||
6 | disapprove the
redevelopment plan and the designation of the | ||||||
7 | redevelopment project area or the
amendment of the | ||||||
8 | redevelopment plan or addition of parcels of property to the
| ||||||
9 | redevelopment project area on the basis of the redevelopment | ||||||
10 | project area and
redevelopment plan satisfying the
plan | ||||||
11 | requirements, the eligibility criteria
defined in Section | ||||||
12 | 11-74.4-3, and the objectives of this Act.
| ||||||
13 | The board shall issue a written report describing why the
| ||||||
14 | redevelopment plan and project area or the amendment thereof | ||||||
15 | meets or
fails to meet one or more of the objectives of this | ||||||
16 | Act and both the plan
requirements and the eligibility | ||||||
17 | criteria defined in Section 11-74.4-3.
In the event the Board | ||||||
18 | does not file a report it shall be presumed
that these taxing | ||||||
19 | bodies find the redevelopment project area and
redevelopment | ||||||
20 | plan satisfy the
objectives of this Act and the plan | ||||||
21 | requirements and eligibility criteria.
| ||||||
22 | If the board recommends rejection of the matters before | ||||||
23 | it, the
municipality will have 30 days within which to | ||||||
24 | resubmit the plan or amendment.
During this period, the | ||||||
25 | municipality will meet and confer with the board and
attempt | ||||||
26 | to resolve those issues set forth in the board's written |
| |||||||
| |||||||
1 | report that
led to the rejection of the plan or amendment.
| ||||||
2 | Notwithstanding the resubmission set forth above, the | ||||||
3 | municipality may
commence the scheduled public hearing and | ||||||
4 | either adjourn the public hearing or
continue the public | ||||||
5 | hearing until a date certain. Prior to continuing any
public | ||||||
6 | hearing to a date certain, the municipality shall announce | ||||||
7 | during the
public hearing the time, date, and location for the | ||||||
8 | reconvening of the public
hearing. Any changes to the | ||||||
9 | redevelopment plan necessary to satisfy the issues
set forth | ||||||
10 | in the joint review board report shall be the subject of a | ||||||
11 | public
hearing before the hearing is adjourned if the changes | ||||||
12 | would (1) substantially
affect the general land uses proposed | ||||||
13 | in the redevelopment plan, (2)
substantially change the nature | ||||||
14 | of or extend the life of the redevelopment
project, or (3) | ||||||
15 | increase the number of inhabited residential units to be
| ||||||
16 | displaced from the redevelopment project area, as
measured | ||||||
17 | from the
time of creation of the redevelopment project area, | ||||||
18 | to a total of
more than 10. Changes to the redevelopment plan | ||||||
19 | necessary
to
satisfy the issues set forth in the joint review | ||||||
20 | board report shall not require
any further notice or convening | ||||||
21 | of a joint review board meeting, except that
any changes to the | ||||||
22 | redevelopment plan that would add additional parcels of
| ||||||
23 | property to the proposed redevelopment project area shall be | ||||||
24 | subject to the
notice, public hearing, and joint review board | ||||||
25 | meeting requirements established
for such changes by | ||||||
26 | subsection (a) of Section 11-74.4-5.
|
| |||||||
| |||||||
1 | In the event that the
municipality and the board are | ||||||
2 | unable to resolve these differences, or in the
event that the | ||||||
3 | resubmitted plan or amendment is rejected by the board, the
| ||||||
4 | municipality may proceed with the plan or amendment, but only | ||||||
5 | upon a
three-fifths vote of the corporate authority | ||||||
6 | responsible for approval of the
plan or amendment, excluding | ||||||
7 | positions of members that are vacant and those
members that | ||||||
8 | are ineligible to vote because of conflicts of interest.
| ||||||
9 | After the effective date of this amendatory Act of the | ||||||
10 | 102nd General Assembly, a new redevelopment project area that | ||||||
11 | overlaps with any existing redevelopment project area or an | ||||||
12 | expansion of a redevelopment project area so that the expanded | ||||||
13 | area will overlap with any existing redevelopment project area | ||||||
14 | may not be approved. | ||||||
15 | (c) After a municipality has by ordinance approved a | ||||||
16 | redevelopment plan
and designated a redevelopment project | ||||||
17 | area, the plan may be amended and
additional properties may be | ||||||
18 | added to the redevelopment project area only as
herein | ||||||
19 | provided. Amendments which (1) add additional parcels of | ||||||
20 | property to
the proposed redevelopment project area, (2) | ||||||
21 | substantially affect the general
land uses proposed in the | ||||||
22 | redevelopment plan, (3) substantially change the
nature of the | ||||||
23 | redevelopment project, (4) increase the total estimated
| ||||||
24 | redevelopment
project costs set out in the redevelopment plan | ||||||
25 | by more than 5% after
adjustment for inflation from the date | ||||||
26 | the plan was adopted, (5) add
additional redevelopment project |
| |||||||
| |||||||
1 | costs to the itemized list of redevelopment
project costs set | ||||||
2 | out in the redevelopment plan, or (6) increase the number of
| ||||||
3 | inhabited residential units to be
displaced from the | ||||||
4 | redevelopment
project area, as measured from the time of | ||||||
5 | creation of
the
redevelopment project area, to a total of more | ||||||
6 | than
10, shall be made only after
the
municipality gives | ||||||
7 | notice, convenes a joint review board, and conducts a public
| ||||||
8 | hearing pursuant to the procedures set forth in this Section | ||||||
9 | and in Section
11-74.4-6 of this Act. Changes which do not (1) | ||||||
10 | add additional parcels of
property to the proposed | ||||||
11 | redevelopment project area, (2) substantially affect
the | ||||||
12 | general land uses proposed in the redevelopment plan, (3) | ||||||
13 | substantially
change the nature of the redevelopment project, | ||||||
14 | (4) increase the total
estimated redevelopment project cost | ||||||
15 | set out in the redevelopment plan by more
than 5% after | ||||||
16 | adjustment for inflation from the date the plan was adopted,
| ||||||
17 | (5) add additional redevelopment project costs to the itemized | ||||||
18 | list of
redevelopment project costs set out in the | ||||||
19 | redevelopment plan, or (6) increase
the number of inhabited | ||||||
20 | residential units to be displaced from the
redevelopment | ||||||
21 | project area, as measured from the time of
creation of
the | ||||||
22 | redevelopment project area, to a total of more than 10, may be | ||||||
23 | made
without further public hearing
and related notices and | ||||||
24 | procedures including the convening of a joint review
board as | ||||||
25 | set forth in Section 11-74.4-6 of this Act, provided that the
| ||||||
26 | municipality shall give notice of
any such changes by mail to |
| |||||||
| |||||||
1 | each affected taxing district and registrant on the
interested | ||||||
2 | parties registry, provided for under Section 11-74.4-4.2, and | ||||||
3 | by
publication in
a newspaper of general circulation within | ||||||
4 | the affected taxing district. Such
notice by mail and by | ||||||
5 | publication shall each occur not later than 10 days
following | ||||||
6 | the adoption by ordinance of such changes.
| ||||||
7 | (d) After the effective date of this amendatory Act of the | ||||||
8 | 91st General
Assembly, a
municipality shall submit in an | ||||||
9 | electronic format the
following information for each | ||||||
10 | redevelopment project area (i) to the State
Comptroller under | ||||||
11 | Section 8-8-3.5 of the Illinois Municipal Code, subject to any | ||||||
12 | extensions or exemptions provided at the Comptroller's | ||||||
13 | discretion under that Section,
and (ii) to all taxing | ||||||
14 | districts overlapping the
redevelopment project area no later | ||||||
15 | than 180
days after the close of each municipal fiscal year or | ||||||
16 | as soon thereafter as
the audited financial
statements become | ||||||
17 | available and, in any case, shall be submitted before the
| ||||||
18 | annual meeting of the Joint Review Board to each of the taxing | ||||||
19 | districts that
overlap the redevelopment project area:
| ||||||
20 | (1) Any amendments to the redevelopment plan, the | ||||||
21 | redevelopment
project area, or the State Sales Tax | ||||||
22 | Boundary.
| ||||||
23 | (1.5) A list of the redevelopment project areas | ||||||
24 | administered by the
municipality and, if applicable, the | ||||||
25 | date each redevelopment project area was
designated or | ||||||
26 | terminated by the municipality.
|
| |||||||
| |||||||
1 | (2) Audited financial statements of the special tax | ||||||
2 | allocation fund once a
cumulative total of $100,000 has | ||||||
3 | been deposited in the fund.
| ||||||
4 | (3) Certification of the Chief Executive Officer of | ||||||
5 | the municipality
that the municipality has complied with | ||||||
6 | all of the requirements of this Act
during the preceding | ||||||
7 | fiscal year.
| ||||||
8 | (4) An opinion of legal counsel that the municipality | ||||||
9 | is in compliance
with this Act.
| ||||||
10 | (5) An analysis of the special tax allocation fund | ||||||
11 | which sets forth:
| ||||||
12 | (A) the balance in the special tax allocation fund | ||||||
13 | at the beginning of
the fiscal year;
| ||||||
14 | (B) all amounts deposited in the special tax | ||||||
15 | allocation fund by source;
| ||||||
16 | (C) an itemized list of all expenditures from the | ||||||
17 | special tax
allocation fund by category of
permissible | ||||||
18 | redevelopment project cost; and
| ||||||
19 | (D) the balance in the special tax allocation fund | ||||||
20 | at the end of the
fiscal year including a breakdown of | ||||||
21 | that balance by source and a breakdown
of that balance | ||||||
22 | identifying any portion of the balance that is | ||||||
23 | required,
pledged, earmarked, or otherwise designated | ||||||
24 | for payment of or securing of
obligations and | ||||||
25 | anticipated redevelopment project costs. Any portion | ||||||
26 | of
such ending balance that has not been identified or |
| |||||||
| |||||||
1 | is not identified as
being
required, pledged, | ||||||
2 | earmarked, or otherwise designated for payment of or
| ||||||
3 | securing of obligations or anticipated redevelopment | ||||||
4 | projects costs
shall be designated as surplus as set | ||||||
5 | forth in Section
11-74.4-7 hereof.
| ||||||
6 | (6) A description of all property purchased by the | ||||||
7 | municipality within
the redevelopment project area | ||||||
8 | including:
| ||||||
9 | (A) Street address.
| ||||||
10 | (B) Approximate size or description of property.
| ||||||
11 | (C) Purchase price.
| ||||||
12 | (D) Seller of property.
| ||||||
13 | (7) A statement setting forth all activities | ||||||
14 | undertaken in furtherance
of the objectives of the | ||||||
15 | redevelopment plan, including:
| ||||||
16 | (A) Any project implemented in the preceding | ||||||
17 | fiscal year.
| ||||||
18 | (B) A description of the redevelopment activities | ||||||
19 | undertaken.
| ||||||
20 | (C) A description of any agreements entered into | ||||||
21 | by the municipality
with
regard to the disposition or | ||||||
22 | redevelopment of any property within the
redevelopment | ||||||
23 | project area or the area within the State Sales Tax | ||||||
24 | Boundary.
| ||||||
25 | (D) Additional information on the use of all funds | ||||||
26 | received under this
Division and steps taken by the
|
| |||||||
| |||||||
1 | municipality to achieve the objectives of the | ||||||
2 | redevelopment plan.
| ||||||
3 | (E) Information regarding contracts that the | ||||||
4 | municipality's tax
increment advisors or consultants | ||||||
5 | have entered into with entities or persons
that have | ||||||
6 | received, or are receiving, payments financed by tax | ||||||
7 | increment
revenues produced by the same redevelopment | ||||||
8 | project area.
| ||||||
9 | (F) Any reports submitted to the municipality by | ||||||
10 | the joint review board.
| ||||||
11 | (G) A review of public and, to the extent | ||||||
12 | possible, private investment
actually undertaken to | ||||||
13 | date after the effective date of this amendatory Act | ||||||
14 | of
the 91st General Assembly and estimated to be | ||||||
15 | undertaken during the following
year. This review | ||||||
16 | shall, on a project-by-project basis, set forth the
| ||||||
17 | estimated amounts of public and private investment | ||||||
18 | incurred after the effective
date of this amendatory | ||||||
19 | Act of the 91st General Assembly and provide the ratio
| ||||||
20 | of private investment to public investment to the date | ||||||
21 | of the report and as
estimated to the completion of the | ||||||
22 | redevelopment project.
| ||||||
23 | (8) With regard to any obligations issued by the | ||||||
24 | municipality:
| ||||||
25 | (A) copies of any official statements; and
| ||||||
26 | (B) an analysis prepared by financial advisor or |
| |||||||
| |||||||
1 | underwriter setting
forth: (i) nature and term of | ||||||
2 | obligation; and (ii) projected debt service
including | ||||||
3 | required reserves and debt coverage.
| ||||||
4 | (9) For special tax allocation funds that have | ||||||
5 | experienced cumulative
deposits of incremental tax | ||||||
6 | revenues of $100,000 or more, a certified audit
report | ||||||
7 | reviewing compliance
with this Act
performed by an | ||||||
8 | independent public accountant certified and licensed by | ||||||
9 | the
authority of the State of Illinois. The financial | ||||||
10 | portion of the audit
must be conducted in accordance with | ||||||
11 | Standards for Audits of Governmental
Organizations, | ||||||
12 | Programs, Activities, and Functions adopted by the
| ||||||
13 | Comptroller General of the United States (1981), as | ||||||
14 | amended, or the standards
specified by Section 8-8-5 of | ||||||
15 | the Illinois Municipal Auditing Law of the
Illinois | ||||||
16 | Municipal Code. The audit
report shall contain a letter | ||||||
17 | from the independent certified public accountant
| ||||||
18 | indicating compliance or noncompliance with the | ||||||
19 | requirements
of subsection (q) of Section 11-74.4-3. For | ||||||
20 | redevelopment plans or
projects that would result in the | ||||||
21 | displacement of residents from 10 or more
inhabited | ||||||
22 | residential units or that contain 75 or more inhabited | ||||||
23 | residential
units, notice of the availability of the | ||||||
24 | information, including how to obtain
the report, required | ||||||
25 | in this subsection shall also be sent by mail to all
| ||||||
26 | residents or organizations that operate in the |
| |||||||
| |||||||
1 | municipality that register with
the municipality for that | ||||||
2 | information according to registration procedures
adopted | ||||||
3 | under Section 11-74.4-4.2. All municipalities are subject | ||||||
4 | to this
provision.
| ||||||
5 | (10) A list of all intergovernmental agreements in | ||||||
6 | effect during the fiscal year to which the municipality is | ||||||
7 | a party and an accounting of any moneys transferred or | ||||||
8 | received by the municipality during that fiscal year | ||||||
9 | pursuant to those intergovernmental agreements. | ||||||
10 | (d-1) Prior to the effective date of this amendatory Act | ||||||
11 | of the 91st
General Assembly, municipalities with populations | ||||||
12 | of over 1,000,000 shall,
after
adoption of a redevelopment | ||||||
13 | plan or project, make available upon request to any
taxing | ||||||
14 | district in which the redevelopment project area is located | ||||||
15 | the
following information:
| ||||||
16 | (1) Any amendments to the redevelopment plan, the | ||||||
17 | redevelopment project
area, or the State Sales Tax | ||||||
18 | Boundary; and
| ||||||
19 | (2) In connection with any redevelopment project area | ||||||
20 | for which the
municipality has outstanding obligations | ||||||
21 | issued to provide for redevelopment
project costs pursuant | ||||||
22 | to Section 11-74.4-7, audited financial statements of
the | ||||||
23 | special tax allocation fund.
| ||||||
24 | (e) The joint review board shall meet annually 180 days
| ||||||
25 | after the close of the municipal fiscal year or as soon as the | ||||||
26 | redevelopment
project audit for that fiscal year becomes |
| |||||||
| |||||||
1 | available to review the
effectiveness and status of the | ||||||
2 | redevelopment project area up to that date.
| ||||||
3 | (f) (Blank).
| ||||||
4 | (g) In the event that a municipality has held a public | ||||||
5 | hearing under this
Section prior to March 14, 1994 (the | ||||||
6 | effective date of Public Act 88-537), the
requirements imposed | ||||||
7 | by Public Act 88-537 relating to the method of fixing the
time | ||||||
8 | and place for public hearing, the materials and information | ||||||
9 | required to be
made available for public inspection, and the | ||||||
10 | information required to be sent
after adoption of an ordinance | ||||||
11 | or resolution fixing a time and place for public
hearing shall | ||||||
12 | not be applicable.
| ||||||
13 | (h) On and after the effective date of this amendatory Act | ||||||
14 | of the 96th General Assembly, the State Comptroller must post | ||||||
15 | on the State Comptroller's official website the information | ||||||
16 | submitted by a municipality pursuant to subsection (d) of this | ||||||
17 | Section. The information must be posted no later than 45 days | ||||||
18 | after the State Comptroller receives the information from the | ||||||
19 | municipality. The State Comptroller must also post a list of | ||||||
20 | the municipalities not in compliance with the reporting | ||||||
21 | requirements set forth in subsection (d) of this Section. | ||||||
22 | (i) No later than 10 years after the corporate authorities | ||||||
23 | of a municipality adopt an ordinance to establish a | ||||||
24 | redevelopment project area, the municipality must compile a | ||||||
25 | status report concerning the redevelopment project area. The | ||||||
26 | status report must detail without limitation the following: |
| |||||||
| |||||||
1 | (i) the amount of revenue generated within the redevelopment | ||||||
2 | project area, (ii) any expenditures made by the municipality | ||||||
3 | for the redevelopment project area including without | ||||||
4 | limitation expenditures from the special tax allocation fund, | ||||||
5 | (iii) the status of planned activities, goals, and objectives | ||||||
6 | set forth in the redevelopment plan including details on new | ||||||
7 | or planned construction within the redevelopment project area, | ||||||
8 | (iv) the amount of private and public investment within the | ||||||
9 | redevelopment project area, and (v) any other relevant | ||||||
10 | evaluation or performance data. Within 30 days after the | ||||||
11 | municipality compiles the status report, the municipality must | ||||||
12 | hold at least one public hearing concerning the report. The | ||||||
13 | municipality must provide 20 days' public notice of the | ||||||
14 | hearing. | ||||||
15 | (j) Beginning in fiscal year 2011 and in each fiscal year | ||||||
16 | thereafter, a municipality must detail in its annual budget | ||||||
17 | (i) the revenues generated from redevelopment project areas by | ||||||
18 | source and (ii) the expenditures made by the municipality for | ||||||
19 | redevelopment project areas. | ||||||
20 | (Source: P.A. 98-922, eff. 8-15-14.)
| ||||||
21 | (65 ILCS 5/11-74.4-7) (from Ch. 24, par. 11-74.4-7)
| ||||||
22 | Sec. 11-74.4-7. Obligations secured by the special tax | ||||||
23 | allocation fund
set forth in Section 11-74.4-8 for the | ||||||
24 | redevelopment project area may be
issued to provide for | ||||||
25 | redevelopment project costs. Such obligations, when
so issued, |
| |||||||
| |||||||
1 | shall be retired in the manner provided in the ordinance
| ||||||
2 | authorizing the issuance of such obligations by the receipts | ||||||
3 | of taxes
levied as specified in Section 11-74.4-9 against the | ||||||
4 | taxable property
included in the area, by revenues as | ||||||
5 | specified by Section 11-74.4-8a and
other revenue designated | ||||||
6 | by the municipality. A municipality may in the
ordinance | ||||||
7 | pledge all or any part of the funds in and to be deposited in | ||||||
8 | the
special tax allocation fund created pursuant to Section | ||||||
9 | 11-74.4-8 to the
payment of the redevelopment project costs | ||||||
10 | and obligations. Any pledge of
funds in the special tax | ||||||
11 | allocation fund shall provide for distribution to
the taxing | ||||||
12 | districts and to the Illinois Department of Revenue of moneys
| ||||||
13 | not required, pledged, earmarked, or otherwise designated for | ||||||
14 | payment and
securing of the obligations and anticipated | ||||||
15 | redevelopment project costs and
such excess funds shall be | ||||||
16 | calculated annually and deemed to be "surplus"
funds. In the | ||||||
17 | event a municipality only applies or pledges a portion of the
| ||||||
18 | funds in the special tax allocation fund for the payment or | ||||||
19 | securing of
anticipated redevelopment project costs or of | ||||||
20 | obligations, any such funds
remaining in the special tax | ||||||
21 | allocation fund after complying with the
requirements of the | ||||||
22 | application or pledge, shall also be calculated annually
and | ||||||
23 | deemed "surplus" funds. The joint review board and the | ||||||
24 | municipality shall review all funds in the special tax | ||||||
25 | allocation fund and shall designate and approve surplus funds | ||||||
26 | no later than 30 days after the close of the municipality's |
| |||||||
| |||||||
1 | fiscal year. The joint review board and municipality shall | ||||||
2 | issue a joint written report describing why they designated | ||||||
3 | certain funds surplus funds and why other funds were not | ||||||
4 | designated surplus funds under the requirements of this | ||||||
5 | paragraph. All surplus funds in the special tax allocation
| ||||||
6 | fund shall be distributed annually within 90 180 days after | ||||||
7 | the close of the
municipality's fiscal year , but not before | ||||||
8 | the joint written report is issued under this paragraph, by | ||||||
9 | being paid by the
municipal treasurer to the County Collector, | ||||||
10 | to the Department of Revenue
and to the municipality in direct | ||||||
11 | proportion to the tax incremental revenue
received as a result | ||||||
12 | of an increase in the equalized assessed value of
property in | ||||||
13 | the redevelopment project area, tax incremental revenue
| ||||||
14 | received from the State and tax incremental revenue received | ||||||
15 | from the
municipality, but not to exceed as to each such source | ||||||
16 | the total
incremental revenue received from that source. The | ||||||
17 | County Collector shall
thereafter make distribution to the | ||||||
18 | respective taxing districts in the same
manner and proportion | ||||||
19 | as the most recent distribution by the county
collector to the | ||||||
20 | affected districts of real property taxes from real
property | ||||||
21 | in the redevelopment project area.
| ||||||
22 | Without limiting the foregoing in this Section, the | ||||||
23 | municipality may in
addition to obligations secured by the | ||||||
24 | special tax allocation fund pledge
for a period not greater | ||||||
25 | than the term of the obligations towards payment
of such | ||||||
26 | obligations any part or any combination of the following: (a) |
| |||||||
| |||||||
1 | net
revenues of all or part of any redevelopment project; (b) | ||||||
2 | taxes levied and
collected on any or all property in the | ||||||
3 | municipality; (c) the full faith
and credit of the | ||||||
4 | municipality; (d) a mortgage on part or all of the
| ||||||
5 | redevelopment project; (d-5) repayment of bonds issued | ||||||
6 | pursuant to subsection (p-130) of Section 19-1 of the School | ||||||
7 | Code; or (e) any other taxes or anticipated receipts that
the | ||||||
8 | municipality may lawfully pledge.
| ||||||
9 | Such obligations may be issued in one or more series | ||||||
10 | bearing interest at
such rate or rates as the corporate | ||||||
11 | authorities of the municipality shall
determine by ordinance. | ||||||
12 | Such obligations shall bear such date or dates,
mature at such | ||||||
13 | time or times not exceeding 20 years from their respective
| ||||||
14 | dates, be in such denomination, carry such registration | ||||||
15 | privileges, be executed
in such manner, be payable in such | ||||||
16 | medium of payment at such place or places,
contain such | ||||||
17 | covenants, terms and conditions, and be subject to redemption
| ||||||
18 | as such ordinance shall provide. Obligations issued pursuant | ||||||
19 | to this Act
may be sold at public or private sale at such price | ||||||
20 | as shall be determined
by the corporate authorities of the | ||||||
21 | municipalities. No referendum approval
of the electors shall | ||||||
22 | be required as a condition to the issuance of obligations
| ||||||
23 | pursuant to this Division except as provided in this Section.
| ||||||
24 | In the event the municipality authorizes issuance of | ||||||
25 | obligations pursuant
to the authority of this Division secured | ||||||
26 | by the full faith and credit of
the municipality, which |
| |||||||
| |||||||
1 | obligations are other than obligations which may
be issued | ||||||
2 | under home rule powers provided by Article VII, Section 6 of | ||||||
3 | the
Illinois Constitution, or pledges taxes pursuant to (b) or | ||||||
4 | (c) of the second
paragraph of this section, the ordinance | ||||||
5 | authorizing the issuance of such
obligations or pledging such | ||||||
6 | taxes shall be published within 10 days after
such ordinance | ||||||
7 | has been passed in one or more newspapers, with general
| ||||||
8 | circulation within such municipality. The publication of the | ||||||
9 | ordinance
shall be accompanied by a notice of (1) the specific | ||||||
10 | number of voters
required to sign a petition requesting the | ||||||
11 | question of the issuance of such
obligations or pledging taxes | ||||||
12 | to be submitted to the electors; (2) the time
in which such | ||||||
13 | petition must be filed; and (3) the date of the prospective
| ||||||
14 | referendum. The municipal clerk shall provide a petition form | ||||||
15 | to any
individual requesting one.
| ||||||
16 | If no petition is filed with the municipal clerk, as | ||||||
17 | hereinafter provided
in this Section, within 30 days after the | ||||||
18 | publication of the ordinance,
the ordinance shall be in | ||||||
19 | effect. But, if within that 30 day period a petition
is filed | ||||||
20 | with the municipal clerk, signed by electors in the
| ||||||
21 | municipality numbering 10% or more of the number of registered | ||||||
22 | voters in the
municipality, asking that the question of | ||||||
23 | issuing
obligations using full faith and credit of the | ||||||
24 | municipality as security
for the cost of paying for | ||||||
25 | redevelopment project costs, or of pledging taxes
for the | ||||||
26 | payment of such obligations, or both, be submitted to the |
| |||||||
| |||||||
1 | electors
of the municipality, the corporate authorities of the | ||||||
2 | municipality shall
call a special election in the manner | ||||||
3 | provided by law to vote upon that
question, or, if a general, | ||||||
4 | State or municipal election is to be held within
a period of | ||||||
5 | not less than 30 or more than 90 days from the date such | ||||||
6 | petition
is filed, shall submit the question at the next | ||||||
7 | general, State or municipal
election. If it appears upon the | ||||||
8 | canvass of the election by the corporate
authorities that a | ||||||
9 | majority of electors voting upon the question voted in
favor | ||||||
10 | thereof, the ordinance shall be in effect, but if a majority of | ||||||
11 | the
electors voting upon the question are not in favor | ||||||
12 | thereof, the ordinance
shall not take effect.
| ||||||
13 | The ordinance authorizing the obligations may provide that | ||||||
14 | the obligations
shall contain a recital that they are issued | ||||||
15 | pursuant to this Division,
which recital shall be conclusive | ||||||
16 | evidence of their validity and of the
regularity of their | ||||||
17 | issuance.
| ||||||
18 | In the event the municipality authorizes issuance of | ||||||
19 | obligations pursuant
to this Section secured by the full faith | ||||||
20 | and credit of the municipality,
the ordinance authorizing the | ||||||
21 | obligations may provide for the levy and
collection of a | ||||||
22 | direct annual tax upon all taxable property within the
| ||||||
23 | municipality sufficient to pay the principal thereof and | ||||||
24 | interest thereon
as it matures, which levy may be in addition | ||||||
25 | to and exclusive of the
maximum of all other taxes authorized | ||||||
26 | to be levied by the municipality,
which levy, however, shall |
| |||||||
| |||||||
1 | be abated to the extent that monies from other
sources are | ||||||
2 | available for payment of the obligations and the municipality
| ||||||
3 | certifies the amount of said monies available to the county | ||||||
4 | clerk.
| ||||||
5 | A certified copy of such ordinance shall be filed with the | ||||||
6 | county clerk
of each county in which any portion of the | ||||||
7 | municipality is situated, and
shall constitute the authority | ||||||
8 | for the extension and collection of the taxes
to be deposited | ||||||
9 | in the special tax allocation fund.
| ||||||
10 | A municipality may also issue its obligations to refund in | ||||||
11 | whole or in
part, obligations theretofore issued by such | ||||||
12 | municipality under the authority
of this Act, whether at or | ||||||
13 | prior to maturity, provided however, that the
last maturity of | ||||||
14 | the refunding obligations may not be later than the dates set | ||||||
15 | forth under Section 11-74.4-3.5.
| ||||||
16 | In the event a municipality issues obligations under home | ||||||
17 | rule powers or
other legislative authority the proceeds of | ||||||
18 | which are pledged to pay
for redevelopment project costs, the | ||||||
19 | municipality may, if it has followed
the procedures in | ||||||
20 | conformance with this division, retire said obligations
from | ||||||
21 | funds in the special tax allocation fund in amounts and in such | ||||||
22 | manner
as if such obligations had been issued pursuant to the | ||||||
23 | provisions of this
division.
| ||||||
24 | All obligations heretofore or hereafter issued pursuant to | ||||||
25 | this Act shall
not be regarded as indebtedness of the | ||||||
26 | municipality issuing such obligations
or any other taxing |
| |||||||
| |||||||
1 | district for the purpose of any limitation imposed by law.
| ||||||
2 | (Source: P.A. 100-531, eff. 9-22-17.)
| ||||||
3 | Section 99. Effective date. This Act takes effect July 1, | ||||||
4 | 2021.
|