SB2562 EnrolledLRB099 17003 HLH 41355 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-74.4-3, 11-74.4-3.5, 11-74.4-4,
611-74.4-6, 11-74.4-8, and 11-74.6-22 and by adding Section
711-74.4-3.3 as follows:
 
8    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
9    Sec. 11-74.4-3. Definitions. The following terms, wherever
10used or referred to in this Division 74.4 shall have the
11following respective meanings, unless in any case a different
12meaning clearly appears from the context.
13    (a) For any redevelopment project area that has been
14designated pursuant to this Section by an ordinance adopted
15prior to November 1, 1999 (the effective date of Public Act
1691-478), "blighted area" shall have the meaning set forth in
17this Section prior to that date.
18    On and after November 1, 1999, "blighted area" means any
19improved or vacant area within the boundaries of a
20redevelopment project area located within the territorial
21limits of the municipality where:
22        (1) If improved, industrial, commercial, and
23    residential buildings or improvements are detrimental to

 

 

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1    the public safety, health, or welfare because of a
2    combination of 5 or more of the following factors, each of
3    which is (i) present, with that presence documented, to a
4    meaningful extent so that a municipality may reasonably
5    find that the factor is clearly present within the intent
6    of the Act and (ii) reasonably distributed throughout the
7    improved part of the redevelopment project area:
8            (A) Dilapidation. An advanced state of disrepair
9        or neglect of necessary repairs to the primary
10        structural components of buildings or improvements in
11        such a combination that a documented building
12        condition analysis determines that major repair is
13        required or the defects are so serious and so extensive
14        that the buildings must be removed.
15            (B) Obsolescence. The condition or process of
16        falling into disuse. Structures have become ill-suited
17        for the original use.
18            (C) Deterioration. With respect to buildings,
19        defects including, but not limited to, major defects in
20        the secondary building components such as doors,
21        windows, porches, gutters and downspouts, and fascia.
22        With respect to surface improvements, that the
23        condition of roadways, alleys, curbs, gutters,
24        sidewalks, off-street parking, and surface storage
25        areas evidence deterioration, including, but not
26        limited to, surface cracking, crumbling, potholes,

 

 

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1        depressions, loose paving material, and weeds
2        protruding through paved surfaces.
3            (D) Presence of structures below minimum code
4        standards. All structures that do not meet the
5        standards of zoning, subdivision, building, fire, and
6        other governmental codes applicable to property, but
7        not including housing and property maintenance codes.
8            (E) Illegal use of individual structures. The use
9        of structures in violation of applicable federal,
10        State, or local laws, exclusive of those applicable to
11        the presence of structures below minimum code
12        standards.
13            (F) Excessive vacancies. The presence of buildings
14        that are unoccupied or under-utilized and that
15        represent an adverse influence on the area because of
16        the frequency, extent, or duration of the vacancies.
17            (G) Lack of ventilation, light, or sanitary
18        facilities. The absence of adequate ventilation for
19        light or air circulation in spaces or rooms without
20        windows, or that require the removal of dust, odor,
21        gas, smoke, or other noxious airborne materials.
22        Inadequate natural light and ventilation means the
23        absence of skylights or windows for interior spaces or
24        rooms and improper window sizes and amounts by room
25        area to window area ratios. Inadequate sanitary
26        facilities refers to the absence or inadequacy of

 

 

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1        garbage storage and enclosure, bathroom facilities,
2        hot water and kitchens, and structural inadequacies
3        preventing ingress and egress to and from all rooms and
4        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 land
20        coverage are: (i) the presence of buildings either
21        improperly situated on parcels or located on parcels of
22        inadequate size and shape in relation to present-day
23        standards of development for health and safety and (ii)
24        the presence of multiple buildings on a single parcel.
25        For there to be a finding of excessive land coverage,
26        these parcels must exhibit one or more of the following

 

 

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1        conditions: insufficient provision for light and air
2        within or around buildings, increased threat of spread
3        of fire due to the close proximity of buildings, lack
4        of adequate or proper access to a public right-of-way,
5        lack of reasonably required off-street parking, or
6        inadequate provision for loading and service.
7            (J) Deleterious land use or layout. The existence
8        of incompatible land-use relationships, buildings
9        occupied by inappropriate mixed-uses, or uses
10        considered to be noxious, offensive, or unsuitable for
11        the surrounding area.
12            (K) Environmental clean-up. The proposed
13        redevelopment project area has incurred Illinois
14        Environmental Protection Agency or United States
15        Environmental Protection Agency remediation costs for,
16        or a study conducted by an independent consultant
17        recognized as having expertise in environmental
18        remediation has determined a need for, the clean-up of
19        hazardous waste, hazardous substances, or underground
20        storage tanks required by State or federal law,
21        provided that the remediation costs constitute a
22        material impediment to the development or
23        redevelopment of the redevelopment project area.
24            (L) Lack of community planning. The proposed
25        redevelopment project area was developed prior to or
26        without the benefit or guidance of a community plan.

 

 

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1        This means that the development occurred prior to the
2        adoption by the municipality of a comprehensive or
3        other community plan or that the plan was not followed
4        at the time of the area's development. This factor must
5        be documented by evidence of adverse or incompatible
6        land-use relationships, inadequate street layout,
7        improper subdivision, parcels of inadequate shape and
8        size to meet contemporary development standards, or
9        other evidence demonstrating an absence of effective
10        community planning.
11            (M) The total equalized assessed value of the
12        proposed redevelopment project area has declined for 3
13        of the last 5 calendar years prior to the year in which
14        the redevelopment project area is designated or is
15        increasing at an annual rate that is less than the
16        balance of the municipality for 3 of the last 5
17        calendar years for which information is available or is
18        increasing at an annual rate that is less than the
19        Consumer Price Index for All Urban Consumers published
20        by the United States Department of Labor or successor
21        agency for 3 of the last 5 calendar years prior to the
22        year in which the redevelopment project area is
23        designated.
24        (2) If vacant, the sound growth of the redevelopment
25    project area is impaired by a combination of 2 or more of
26    the following factors, each of which is (i) present, with

 

 

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1    that presence documented, to a meaningful extent so that a
2    municipality may reasonably find that the factor is clearly
3    present within the intent of the Act and (ii) reasonably
4    distributed throughout the vacant part of the
5    redevelopment project area to which it pertains:
6            (A) Obsolete platting of vacant land that results
7        in parcels of limited or narrow size or configurations
8        of parcels of irregular size or shape that would be
9        difficult to develop on a planned basis and in a manner
10        compatible with contemporary standards and
11        requirements, or platting that failed to create
12        rights-of-ways for streets or alleys or that created
13        inadequate right-of-way widths for streets, alleys, or
14        other public rights-of-way or that omitted easements
15        for public utilities.
16            (B) Diversity of ownership of parcels of vacant
17        land sufficient in number to retard or impede the
18        ability to assemble the land for development.
19            (C) Tax and special assessment delinquencies exist
20        or the property has been the subject of tax sales under
21        the Property Tax Code within the last 5 years.
22            (D) Deterioration of structures or site
23        improvements in neighboring areas adjacent to the
24        vacant land.
25            (E) The area has incurred Illinois Environmental
26        Protection Agency or United States Environmental

 

 

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1        Protection Agency remediation costs for, or a study
2        conducted by an independent consultant recognized as
3        having expertise in environmental remediation has
4        determined a need for, the clean-up of hazardous waste,
5        hazardous substances, or underground storage tanks
6        required by State or federal law, provided that the
7        remediation costs constitute a material impediment to
8        the development or redevelopment of the redevelopment
9        project area.
10            (F) The total equalized assessed value of the
11        proposed redevelopment project area has declined for 3
12        of the last 5 calendar years prior to the year in which
13        the redevelopment project area is designated or is
14        increasing at an annual rate that is less than the
15        balance of the municipality for 3 of the last 5
16        calendar years for which information is available or is
17        increasing at an annual rate that is less than the
18        Consumer Price Index for All Urban Consumers published
19        by the United States Department of Labor or successor
20        agency for 3 of the last 5 calendar years prior to the
21        year in which the redevelopment project area is
22        designated.
23        (3) If vacant, the sound growth of the redevelopment
24    project area is impaired by one of the following factors
25    that (i) is present, with that presence documented, to a
26    meaningful extent so that a municipality may reasonably

 

 

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1    find that the factor is clearly present within the intent
2    of the Act and (ii) is reasonably distributed throughout
3    the vacant part of the redevelopment project area to which
4    it pertains:
5            (A) The area consists of one or more unused
6        quarries, mines, or strip mine ponds.
7            (B) The area consists of unused rail yards, rail
8        tracks, or railroad rights-of-way.
9            (C) The area, prior to its designation, is subject
10        to (i) chronic flooding that adversely impacts on real
11        property in the area as certified by a registered
12        professional engineer or appropriate regulatory agency
13        or (ii) surface water that discharges from all or a
14        part of the area and contributes to flooding within the
15        same watershed, but only if the redevelopment project
16        provides for facilities or improvements to contribute
17        to the alleviation of all or part of the flooding.
18            (D) The area consists of an unused or illegal
19        disposal site containing earth, stone, building
20        debris, or similar materials that were removed from
21        construction, demolition, excavation, or dredge sites.
22            (E) Prior to November 1, 1999, the area is not less
23        than 50 nor more than 100 acres and 75% of which is
24        vacant (notwithstanding that the area has been used for
25        commercial agricultural purposes within 5 years prior
26        to the designation of the redevelopment project area),

 

 

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1        and the area meets at least one of the factors itemized
2        in paragraph (1) of this subsection, the area has been
3        designated as a town or village center by ordinance or
4        comprehensive plan adopted prior to January 1, 1982,
5        and the area has not been developed for that designated
6        purpose.
7            (F) The area qualified as a blighted improved area
8        immediately prior to becoming vacant, unless there has
9        been substantial private investment in the immediately
10        surrounding area.
11    (b) For any redevelopment project area that has been
12designated pursuant to this Section by an ordinance adopted
13prior to November 1, 1999 (the effective date of Public Act
1491-478), "conservation area" shall have the meaning set forth
15in this Section prior to that date.
16    On and after November 1, 1999, "conservation area" means
17any improved area within the boundaries of a redevelopment
18project area located within the territorial limits of the
19municipality in which 50% or more of the structures in the area
20have an age of 35 years or more. Such an area is not yet a
21blighted area but because of a combination of 3 or more of the
22following factors is detrimental to the public safety, health,
23morals or welfare and such an area may become a blighted area:
24        (1) Dilapidation. An advanced state of disrepair or
25    neglect of necessary repairs to the primary structural
26    components of buildings or improvements in such a

 

 

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1    combination that a documented building condition analysis
2    determines that major repair is required or the defects are
3    so serious and so extensive that the buildings must be
4    removed.
5        (2) Obsolescence. The condition or process of falling
6    into disuse. Structures have become ill-suited for the
7    original use.
8        (3) Deterioration. With respect to buildings, defects
9    including, but not limited to, major defects in the
10    secondary building components such as doors, windows,
11    porches, gutters and downspouts, and fascia. With respect
12    to surface improvements, that the condition of roadways,
13    alleys, curbs, gutters, sidewalks, off-street parking, and
14    surface storage areas evidence deterioration, including,
15    but not limited to, surface cracking, crumbling, potholes,
16    depressions, loose paving material, and weeds protruding
17    through paved surfaces.
18        (4) Presence of structures below minimum code
19    standards. All structures that do not meet the standards of
20    zoning, subdivision, building, fire, and other
21    governmental codes applicable to property, but not
22    including housing and property maintenance codes.
23        (5) Illegal use of individual structures. The use of
24    structures in violation of applicable federal, State, or
25    local laws, exclusive of those applicable to the presence
26    of structures below minimum code standards.

 

 

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1        (6) Excessive vacancies. The presence of buildings
2    that are unoccupied or under-utilized and that represent an
3    adverse influence on the area because of the frequency,
4    extent, or duration of the vacancies.
5        (7) Lack of ventilation, light, or sanitary
6    facilities. The absence of adequate ventilation for light
7    or air circulation in spaces or rooms without windows, or
8    that require the removal of dust, odor, gas, smoke, or
9    other noxious airborne materials. Inadequate natural light
10    and ventilation means the absence or inadequacy of
11    skylights or windows for interior spaces or rooms and
12    improper window sizes and amounts by room area to window
13    area ratios. Inadequate sanitary facilities refers to the
14    absence or inadequacy of garbage storage and enclosure,
15    bathroom facilities, hot water and kitchens, and
16    structural inadequacies preventing ingress and egress to
17    and from all rooms and units within a building.
18        (8) Inadequate utilities. Underground and overhead
19    utilities such as storm sewers and storm drainage, sanitary
20    sewers, water lines, and gas, telephone, and electrical
21    services that are shown to be inadequate. Inadequate
22    utilities are those that are: (i) of insufficient capacity
23    to serve the uses in the redevelopment project area, (ii)
24    deteriorated, antiquated, obsolete, or in disrepair, or
25    (iii) lacking within the redevelopment project area.
26        (9) Excessive land coverage and overcrowding of

 

 

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1    structures and community facilities. The over-intensive
2    use of property and the crowding of buildings and accessory
3    facilities onto a site. Examples of problem conditions
4    warranting the designation of an area as one exhibiting
5    excessive land coverage are: the presence of buildings
6    either improperly situated on parcels or located on parcels
7    of inadequate size and shape in relation to present-day
8    standards of development for health and safety and the
9    presence of multiple buildings on a single parcel. For
10    there to be a finding of excessive land coverage, these
11    parcels must exhibit one or more of the following
12    conditions: insufficient provision for light and air
13    within or around buildings, increased threat of spread of
14    fire due to the close proximity of buildings, lack of
15    adequate or proper access to a public right-of-way, lack of
16    reasonably required off-street parking, or inadequate
17    provision for loading and service.
18        (10) Deleterious land use or layout. The existence of
19    incompatible land-use relationships, buildings occupied by
20    inappropriate mixed-uses, or uses considered to be
21    noxious, offensive, or unsuitable for the surrounding
22    area.
23        (11) Lack of community planning. The proposed
24    redevelopment project area was developed prior to or
25    without the benefit or guidance of a community plan. This
26    means that the development occurred prior to the adoption

 

 

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1    by the municipality of a comprehensive or other community
2    plan or that the plan was not followed at the time of the
3    area's development. This factor must be documented by
4    evidence of adverse or incompatible land-use
5    relationships, inadequate street layout, improper
6    subdivision, parcels of inadequate shape and size to meet
7    contemporary development standards, or other evidence
8    demonstrating an absence of effective community planning.
9        (12) The area has incurred Illinois Environmental
10    Protection Agency or United States Environmental
11    Protection Agency remediation costs for, or a study
12    conducted by an independent consultant recognized as
13    having expertise in environmental remediation has
14    determined a need for, the clean-up of hazardous waste,
15    hazardous substances, or underground storage tanks
16    required by State or federal law, provided that the
17    remediation costs constitute a material impediment to the
18    development or redevelopment of the redevelopment project
19    area.
20        (13) The total equalized assessed value of the proposed
21    redevelopment project area has declined for 3 of the last 5
22    calendar years for which information is available or is
23    increasing at an annual rate that is less than the balance
24    of the municipality for 3 of the last 5 calendar years for
25    which information is available or is increasing at an
26    annual rate that is less than the Consumer Price Index for

 

 

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1    All Urban Consumers published by the United States
2    Department of Labor or successor agency for 3 of the last 5
3    calendar years for which information is available.
4    (c) "Industrial park" means an area in a blighted or
5conservation area suitable for use by any manufacturing,
6industrial, research or transportation enterprise, of
7facilities to include but not be limited to factories, mills,
8processing plants, assembly plants, packing plants,
9fabricating plants, industrial distribution centers,
10warehouses, repair overhaul or service facilities, freight
11terminals, research facilities, test facilities or railroad
12facilities.
13    (d) "Industrial park conservation area" means an area
14within the boundaries of a redevelopment project area located
15within the territorial limits of a municipality that is a labor
16surplus municipality or within 1 1/2 miles of the territorial
17limits of a municipality that is a labor surplus municipality
18if the area is annexed to the municipality; which area is zoned
19as industrial no later than at the time the municipality by
20ordinance designates the redevelopment project area, and which
21area includes both vacant land suitable for use as an
22industrial park and a blighted area or conservation area
23contiguous to such vacant land.
24    (e) "Labor surplus municipality" means a municipality in
25which, at any time during the 6 months before the municipality
26by ordinance designates an industrial park conservation area,

 

 

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1the unemployment rate was over 6% and was also 100% or more of
2the national average unemployment rate for that same time as
3published in the United States Department of Labor Bureau of
4Labor Statistics publication entitled "The Employment
5Situation" or its successor publication. For the purpose of
6this subsection, if unemployment rate statistics for the
7municipality are not available, the unemployment rate in the
8municipality shall be deemed to be the same as the unemployment
9rate in the principal county in which the municipality is
10located.
11    (f) "Municipality" shall mean a city, village,
12incorporated town, or a township that is located in the
13unincorporated portion of a county with 3 million or more
14inhabitants, if the county adopted an ordinance that approved
15the township's redevelopment plan.
16    (g) "Initial Sales Tax Amounts" means the amount of taxes
17paid under the Retailers' Occupation Tax Act, Use Tax Act,
18Service Use Tax Act, the Service Occupation Tax Act, the
19Municipal Retailers' Occupation Tax Act, and the Municipal
20Service Occupation Tax Act by retailers and servicemen on
21transactions at places located in a State Sales Tax Boundary
22during the calendar year 1985.
23    (g-1) "Revised Initial Sales Tax Amounts" means the amount
24of taxes paid under the Retailers' Occupation Tax Act, Use Tax
25Act, Service Use Tax Act, the Service Occupation Tax Act, the
26Municipal Retailers' Occupation Tax Act, and the Municipal

 

 

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1Service Occupation Tax Act by retailers and servicemen on
2transactions at places located within the State Sales Tax
3Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
4    (h) "Municipal Sales Tax Increment" means an amount equal
5to the increase in the aggregate amount of taxes paid to a
6municipality from the Local Government Tax Fund arising from
7sales by retailers and servicemen within the redevelopment
8project area or State Sales Tax Boundary, as the case may be,
9for as long as the redevelopment project area or State Sales
10Tax Boundary, as the case may be, exist over and above the
11aggregate amount of taxes as certified by the Illinois
12Department of Revenue and paid under the Municipal Retailers'
13Occupation Tax Act and the Municipal Service Occupation Tax Act
14by retailers and servicemen, on transactions at places of
15business located in the redevelopment project area or State
16Sales Tax Boundary, as the case may be, during the base year
17which shall be the calendar year immediately prior to the year
18in which the municipality adopted tax increment allocation
19financing. For purposes of computing the aggregate amount of
20such taxes for base years occurring prior to 1985, the
21Department of Revenue shall determine the Initial Sales Tax
22Amounts for such taxes and deduct therefrom an amount equal to
234% of the aggregate amount of taxes per year for each year the
24base year is prior to 1985, but not to exceed a total deduction
25of 12%. The amount so determined shall be known as the
26"Adjusted Initial Sales Tax Amounts". For purposes of

 

 

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1determining the Municipal Sales Tax Increment, the Department
2of Revenue shall for each period subtract from the amount paid
3to the municipality from the Local Government Tax Fund arising
4from sales by retailers and servicemen on transactions located
5in the redevelopment project area or the State Sales Tax
6Boundary, as the case may be, the certified Initial Sales Tax
7Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
8Initial Sales Tax Amounts for the Municipal Retailers'
9Occupation Tax Act and the Municipal Service Occupation Tax
10Act. For the State Fiscal Year 1989, this calculation shall be
11made by utilizing the calendar year 1987 to determine the tax
12amounts received. For the State Fiscal Year 1990, this
13calculation shall be made by utilizing the period from January
141, 1988, until September 30, 1988, to determine the tax amounts
15received from retailers and servicemen pursuant to the
16Municipal Retailers' Occupation Tax and the Municipal Service
17Occupation Tax Act, which shall have deducted therefrom
18nine-twelfths of the certified Initial Sales Tax Amounts, the
19Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
20Tax Amounts as appropriate. For the State Fiscal Year 1991,
21this calculation shall be made by utilizing the period from
22October 1, 1988, to June 30, 1989, to determine the tax amounts
23received from retailers and servicemen pursuant to the
24Municipal Retailers' Occupation Tax and the Municipal Service
25Occupation Tax Act which shall have deducted therefrom
26nine-twelfths of the certified Initial Sales Tax Amounts,

 

 

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1Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
2Tax Amounts as appropriate. For every State Fiscal Year
3thereafter, the applicable period shall be the 12 months
4beginning July 1 and ending June 30 to determine the tax
5amounts received which shall have deducted therefrom the
6certified Initial Sales Tax Amounts, the Adjusted Initial Sales
7Tax Amounts or the Revised Initial Sales Tax Amounts, as the
8case may be.
9    (i) "Net State Sales Tax Increment" means the sum of the
10following: (a) 80% of the first $100,000 of State Sales Tax
11Increment annually generated within a State Sales Tax Boundary;
12(b) 60% of the amount in excess of $100,000 but not exceeding
13$500,000 of State Sales Tax Increment annually generated within
14a State Sales Tax Boundary; and (c) 40% of all amounts in
15excess of $500,000 of State Sales Tax Increment annually
16generated within a State Sales Tax Boundary. If, however, a
17municipality established a tax increment financing district in
18a county with a population in excess of 3,000,000 before
19January 1, 1986, and the municipality entered into a contract
20or issued bonds after January 1, 1986, but before December 31,
211986, to finance redevelopment project costs within a State
22Sales Tax Boundary, then the Net State Sales Tax Increment
23means, for the fiscal years beginning July 1, 1990, and July 1,
241991, 100% of the State Sales Tax Increment annually generated
25within a State Sales Tax Boundary; and notwithstanding any
26other provision of this Act, for those fiscal years the

 

 

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1Department of Revenue shall distribute to those municipalities
2100% of their Net State Sales Tax Increment before any
3distribution to any other municipality and regardless of
4whether or not those other municipalities will receive 100% of
5their Net State Sales Tax Increment. For Fiscal Year 1999, and
6every year thereafter until the year 2007, for any municipality
7that has not entered into a contract or has not issued bonds
8prior to June 1, 1988 to finance redevelopment project costs
9within a State Sales Tax Boundary, the Net State Sales Tax
10Increment shall be calculated as follows: By multiplying the
11Net State Sales Tax Increment by 90% in the State Fiscal Year
121999; 80% in the State Fiscal Year 2000; 70% in the State
13Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
14State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
15in the State Fiscal Year 2005; 20% in the State Fiscal Year
162006; and 10% in the State Fiscal Year 2007. No payment shall
17be made for State Fiscal Year 2008 and thereafter.
18    Municipalities that issued bonds in connection with a
19redevelopment project in a redevelopment project area within
20the State Sales Tax Boundary prior to July 29, 1991, or that
21entered into contracts in connection with a redevelopment
22project in a redevelopment project area before June 1, 1988,
23shall continue to receive their proportional share of the
24Illinois Tax Increment Fund distribution until the date on
25which the redevelopment project is completed or terminated. If,
26however, a municipality that issued bonds in connection with a

 

 

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1redevelopment project in a redevelopment project area within
2the State Sales Tax Boundary prior to July 29, 1991 retires the
3bonds prior to June 30, 2007 or a municipality that entered
4into contracts in connection with a redevelopment project in a
5redevelopment project area before June 1, 1988 completes the
6contracts prior to June 30, 2007, then so long as the
7redevelopment project is not completed or is not terminated,
8the Net State Sales Tax Increment shall be calculated,
9beginning on the date on which the bonds are retired or the
10contracts are completed, as follows: By multiplying the Net
11State Sales Tax Increment by 60% in the State Fiscal Year 2002;
1250% in the State Fiscal Year 2003; 40% in the State Fiscal Year
132004; 30% in the State Fiscal Year 2005; 20% in the State
14Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
15payment shall be made for State Fiscal Year 2008 and
16thereafter. Refunding of any bonds issued prior to July 29,
171991, shall not alter the Net State Sales Tax Increment.
18    (j) "State Utility Tax Increment Amount" means an amount
19equal to the aggregate increase in State electric and gas tax
20charges imposed on owners and tenants, other than residential
21customers, of properties located within the redevelopment
22project area under Section 9-222 of the Public Utilities Act,
23over and above the aggregate of such charges as certified by
24the Department of Revenue and paid by owners and tenants, other
25than residential customers, of properties within the
26redevelopment project area during the base year, which shall be

 

 

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1the calendar year immediately prior to the year of the adoption
2of the ordinance authorizing tax increment allocation
3financing.
4    (k) "Net State Utility Tax Increment" means the sum of the
5following: (a) 80% of the first $100,000 of State Utility Tax
6Increment annually generated by a redevelopment project area;
7(b) 60% of the amount in excess of $100,000 but not exceeding
8$500,000 of the State Utility Tax Increment annually generated
9by a redevelopment project area; and (c) 40% of all amounts in
10excess of $500,000 of State Utility Tax Increment annually
11generated by a redevelopment project area. For the State Fiscal
12Year 1999, and every year thereafter until the year 2007, for
13any municipality that has not entered into a contract or has
14not issued bonds prior to June 1, 1988 to finance redevelopment
15project costs within a redevelopment project area, the Net
16State Utility Tax Increment shall be calculated as follows: By
17multiplying the Net State Utility Tax Increment by 90% in the
18State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
19in the State Fiscal Year 2001; 60% in the State Fiscal Year
202002; 50% in the State Fiscal Year 2003; 40% in the State
21Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
22State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
23No payment shall be made for the State Fiscal Year 2008 and
24thereafter.
25    Municipalities that issue bonds in connection with the
26redevelopment project during the period from June 1, 1988 until

 

 

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13 years after the effective date of this Amendatory Act of 1988
2shall receive the Net State Utility Tax Increment, subject to
3appropriation, for 15 State Fiscal Years after the issuance of
4such bonds. For the 16th through the 20th State Fiscal Years
5after issuance of the bonds, the Net State Utility Tax
6Increment shall be calculated as follows: By multiplying the
7Net State Utility Tax Increment by 90% in year 16; 80% in year
817; 70% in year 18; 60% in year 19; and 50% in year 20.
9Refunding of any bonds issued prior to June 1, 1988, shall not
10alter the revised Net State Utility Tax Increment payments set
11forth above.
12    (l) "Obligations" mean bonds, loans, debentures, notes,
13special certificates or other evidence of indebtedness issued
14by the municipality to carry out a redevelopment project or to
15refund outstanding obligations.
16    (m) "Payment in lieu of taxes" means those estimated tax
17revenues from real property in a redevelopment project area
18derived from real property that has been acquired by a
19municipality which according to the redevelopment project or
20plan is to be used for a private use which taxing districts
21would have received had a municipality not acquired the real
22property and adopted tax increment allocation financing and
23which would result from levies made after the time of the
24adoption of tax increment allocation financing to the time the
25current equalized value of real property in the redevelopment
26project area exceeds the total initial equalized value of real

 

 

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1property in said area.
2    (n) "Redevelopment plan" means the comprehensive program
3of the municipality for development or redevelopment intended
4by the payment of redevelopment project costs to reduce or
5eliminate those conditions the existence of which qualified the
6redevelopment project area as a "blighted area" or
7"conservation area" or combination thereof or "industrial park
8conservation area," and thereby to enhance the tax bases of the
9taxing districts which extend into the redevelopment project
10area, provided that, with respect to redevelopment project
11areas described in subsections (p-1) and (p-2), "redevelopment
12plan" means the comprehensive program of the affected
13municipality for the development of qualifying transit
14facilities. On and after November 1, 1999 (the effective date
15of Public Act 91-478), no redevelopment plan may be approved or
16amended that includes the development of vacant land (i) with a
17golf course and related clubhouse and other facilities or (ii)
18designated by federal, State, county, or municipal government
19as public land for outdoor recreational activities or for
20nature preserves and used for that purpose within 5 years prior
21to the adoption of the redevelopment plan. For the purpose of
22this subsection, "recreational activities" is limited to mean
23camping and hunting. Each redevelopment plan shall set forth in
24writing the program to be undertaken to accomplish the
25objectives and shall include but not be limited to:
26        (A) an itemized list of estimated redevelopment

 

 

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1    project costs;
2        (B) evidence indicating that the redevelopment project
3    area on the whole has not been subject to growth and
4    development through investment by private enterprise,
5    provided that such evidence shall not be required for any
6    redevelopment project area located within a transit
7    facility improvement area established pursuant to Section
8    11-74.4-3.3;
9        (C) an assessment of any financial impact of the
10    redevelopment project area on or any increased demand for
11    services from any taxing district affected by the plan and
12    any program to address such financial impact or increased
13    demand;
14        (D) the sources of funds to pay costs;
15        (E) the nature and term of the obligations to be
16    issued;
17        (F) the most recent equalized assessed valuation of the
18    redevelopment project area;
19        (G) an estimate as to the equalized assessed valuation
20    after redevelopment and the general land uses to apply in
21    the redevelopment project area;
22        (H) a commitment to fair employment practices and an
23    affirmative action plan;
24        (I) if it concerns an industrial park conservation
25    area, the plan shall also include a general description of
26    any proposed developer, user and tenant of any property, a

 

 

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1    description of the type, structure and general character of
2    the facilities to be developed, a description of the type,
3    class and number of new employees to be employed in the
4    operation of the facilities to be developed; and
5        (J) if property is to be annexed to the municipality,
6    the plan shall include the terms of the annexation
7    agreement.
8    The provisions of items (B) and (C) of this subsection (n)
9shall not apply to a municipality that before March 14, 1994
10(the effective date of Public Act 88-537) had fixed, either by
11its corporate authorities or by a commission designated under
12subsection (k) of Section 11-74.4-4, a time and place for a
13public hearing as required by subsection (a) of Section
1411-74.4-5. No redevelopment plan shall be adopted unless a
15municipality complies with all of the following requirements:
16        (1) The municipality finds that the redevelopment
17    project area on the whole has not been subject to growth
18    and development through investment by private enterprise
19    and would not reasonably be anticipated to be developed
20    without the adoption of the redevelopment plan, provided,
21    however, that such a finding shall not be required with
22    respect to any redevelopment project area located within a
23    transit facility improvement area established pursuant to
24    Section 11-74.4-3.3.
25        (2) The municipality finds that the redevelopment plan
26    and project conform to the comprehensive plan for the

 

 

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1    development of the municipality as a whole, or, for
2    municipalities with a population of 100,000 or more,
3    regardless of when the redevelopment plan and project was
4    adopted, the redevelopment plan and project either: (i)
5    conforms to the strategic economic development or
6    redevelopment plan issued by the designated planning
7    authority of the municipality, or (ii) includes land uses
8    that have been approved by the planning commission of the
9    municipality.
10        (3) The redevelopment plan establishes the estimated
11    dates of completion of the redevelopment project and
12    retirement of obligations issued to finance redevelopment
13    project costs. Those dates may not be later than the dates
14    set forth under Section 11-74.4-3.5.
15        A municipality may by municipal ordinance amend an
16    existing redevelopment plan to conform to this paragraph
17    (3) as amended by Public Act 91-478, which municipal
18    ordinance may be adopted without further hearing or notice
19    and without complying with the procedures provided in this
20    Act pertaining to an amendment to or the initial approval
21    of a redevelopment plan and project and designation of a
22    redevelopment project area.
23        (3.5) The municipality finds, in the case of an
24    industrial park conservation area, also that the
25    municipality is a labor surplus municipality and that the
26    implementation of the redevelopment plan will reduce

 

 

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1    unemployment, create new jobs and by the provision of new
2    facilities enhance the tax base of the taxing districts
3    that extend into the redevelopment project area.
4        (4) If any incremental revenues are being utilized
5    under Section 8(a)(1) or 8(a)(2) of this Act in
6    redevelopment project areas approved by ordinance after
7    January 1, 1986, the municipality finds: (a) that the
8    redevelopment project area would not reasonably be
9    developed without the use of such incremental revenues, and
10    (b) that such incremental revenues will be exclusively
11    utilized for the development of the redevelopment project
12    area.
13        (5) If: (a) the redevelopment plan will not result in
14    displacement of residents from 10 or more inhabited
15    residential units, and the municipality certifies in the
16    plan that such displacement will not result from the plan;
17    or (b) the redevelopment plan is for a redevelopment
18    project area located within a transit facility improvement
19    area established pursuant to Section 11-74.4-3.3, and the
20    applicable project is subject to the process for evaluation
21    of environmental effects under the National Environmental
22    Policy Act of 1969, 42 U.S.C. 4321 et seq., then , a
23    housing impact study need not be performed. If, however,
24    the redevelopment plan would result in the displacement of
25    residents from 10 or more inhabited residential units, or
26    if the redevelopment project area contains 75 or more

 

 

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1    inhabited residential units and no certification is made,
2    then the municipality shall prepare, as part of the
3    separate feasibility report required by subsection (a) of
4    Section 11-74.4-5, a housing 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 racial
13    and ethnic composition of the residents in the inhabited
14    residential units. The data requirement as to the racial
15    and ethnic composition of the residents in the inhabited
16    residential units shall be deemed to be fully satisfied by
17    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

 

 

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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 of
11    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

 

 

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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 procedures
9    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, so
20    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
25development project in furtherance of the objectives of a
26redevelopment plan. On and after November 1, 1999 (the

 

 

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1effective date of Public Act 91-478), no redevelopment plan may
2be approved or amended that includes the development of vacant
3land (i) with a golf course and related clubhouse and other
4facilities or (ii) designated by federal, State, county, or
5municipal government as public land for outdoor recreational
6activities or for nature preserves and used for that purpose
7within 5 years prior to the adoption of the redevelopment plan.
8For the purpose of this subsection, "recreational activities"
9is limited to mean camping and hunting.
10    (p) "Redevelopment project area" means an area designated
11by the municipality, which is not less in the aggregate than 1
121/2 acres and in respect to which the municipality has made a
13finding that there exist conditions which cause the area to be
14classified as an industrial park conservation area or a
15blighted area or a conservation area, or a combination of both
16blighted areas and conservation areas.
17    (p-1) Notwithstanding any provision of this Act to the
18contrary, on and after August 25, 2009 (the effective date of
19Public Act 96-680), a redevelopment project area may include
20areas within a one-half mile radius of an existing or proposed
21Regional Transportation Authority Suburban Transit Access
22Route (STAR Line) station without a finding that the area is
23classified as an industrial park conservation area, a blighted
24area, a conservation area, or a combination thereof, but only
25if the municipality receives unanimous consent from the joint
26review board created to review the proposed redevelopment

 

 

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1project area.
2    (p-2) Notwithstanding any provision of this Act to the
3contrary, on and after the effective date of this amendatory
4Act of the 99th General Assembly, a redevelopment project area
5may include areas within a transit facility improvement area
6that has been established pursuant to Section 11-74.4-3.3
7without a finding that the area is classified as an industrial
8park conservation area, a blighted area, a conservation area,
9or any combination thereof.
10    (q) "Redevelopment project costs", except for
11redevelopment project areas created pursuant to subsections
12subsection (p-1) or (p-2), means and includes the sum total of
13all reasonable or necessary costs incurred or estimated to be
14incurred, and any such costs incidental to a redevelopment plan
15and a redevelopment project. Such costs include, without
16limitation, the following:
17        (1) Costs of studies, surveys, development of plans,
18    and specifications, implementation and administration of
19    the redevelopment plan including but not limited to staff
20    and professional service costs for architectural,
21    engineering, legal, financial, planning or other services,
22    provided however that no charges for professional services
23    may be based on a percentage of the tax increment
24    collected; except that on and after November 1, 1999 (the
25    effective date of Public Act 91-478), no contracts for
26    professional services, excluding architectural and

 

 

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1    engineering services, may be entered into if the terms of
2    the contract extend beyond a period of 3 years. In
3    addition, "redevelopment project costs" shall not include
4    lobbying expenses. After consultation with the
5    municipality, each tax increment consultant or advisor to a
6    municipality that plans to designate or has designated a
7    redevelopment project area shall inform the municipality
8    in writing of any contracts that the consultant or advisor
9    has entered into with entities or individuals that have
10    received, or are receiving, payments financed by tax
11    increment revenues produced by the redevelopment project
12    area with respect to which the consultant or advisor has
13    performed, or will be performing, service for the
14    municipality. This requirement shall be satisfied by the
15    consultant or advisor before the commencement of services
16    for the municipality and thereafter whenever any other
17    contracts with those individuals or entities are executed
18    by the consultant or advisor;
19        (1.5) After July 1, 1999, annual administrative costs
20    shall not include general overhead or administrative costs
21    of the municipality that would still have been incurred by
22    the municipality if the municipality had not designated a
23    redevelopment project area or approved a redevelopment
24    plan;
25        (1.6) The cost of marketing sites within the
26    redevelopment project area to prospective businesses,

 

 

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1    developers, and investors;
2        (2) Property assembly costs, including but not limited
3    to acquisition of land and other property, real or
4    personal, or rights or interests therein, demolition of
5    buildings, site preparation, site improvements that serve
6    as an engineered barrier addressing ground level or below
7    ground environmental contamination, including, but not
8    limited to parking lots and other concrete or asphalt
9    barriers, and the clearing and grading of land;
10        (3) Costs of rehabilitation, reconstruction or repair
11    or remodeling of existing public or private buildings,
12    fixtures, and leasehold improvements; and the cost of
13    replacing an existing public building if pursuant to the
14    implementation of a redevelopment project the existing
15    public building is to be demolished to use the site for
16    private investment or devoted to a different use requiring
17    private investment; including any direct or indirect costs
18    relating to Green Globes or LEED certified construction
19    elements or construction elements with an equivalent
20    certification;
21        (4) Costs of the construction of public works or
22    improvements, including any direct or indirect costs
23    relating to Green Globes or LEED certified construction
24    elements or construction elements with an equivalent
25    certification, except that on and after November 1, 1999,
26    redevelopment project costs shall not include the cost of

 

 

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1    constructing a new municipal public building principally
2    used to provide offices, storage space, or conference
3    facilities or vehicle storage, maintenance, or repair for
4    administrative, public safety, or public works personnel
5    and that is not intended to replace an existing public
6    building as provided under paragraph (3) of subsection (q)
7    of Section 11-74.4-3 unless either (i) the construction of
8    the new municipal building implements a redevelopment
9    project that was included in a redevelopment plan that was
10    adopted by the municipality prior to November 1, 1999, or
11    (ii) the municipality makes a reasonable determination in
12    the redevelopment plan, supported by information that
13    provides the basis for that determination, that the new
14    municipal building is required to meet an increase in the
15    need for public safety purposes anticipated to result from
16    the implementation of the redevelopment plan, or (iii) the
17    new municipal public building is for the storage,
18    maintenance, or repair of transit vehicles and is located
19    in a transit facility improvement area that has been
20    established pursuant to Section 11-74.4-3.3;
21        (5) Costs of job training and retraining projects,
22    including the cost of "welfare to work" programs
23    implemented by businesses located within the redevelopment
24    project area;
25        (6) Financing costs, including but not limited to all
26    necessary and incidental expenses related to the issuance

 

 

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1    of obligations and which may include payment of interest on
2    any obligations issued hereunder including interest
3    accruing during the estimated period of construction of any
4    redevelopment project for which such obligations are
5    issued and for not exceeding 36 months thereafter and
6    including reasonable reserves related thereto;
7        (7) To the extent the municipality by written agreement
8    accepts and approves the same, all or a portion of a taxing
9    district's capital costs resulting from the redevelopment
10    project necessarily incurred or to be incurred within a
11    taxing district in furtherance of the objectives of the
12    redevelopment plan and project.
13        (7.5) For redevelopment project areas designated (or
14    redevelopment project areas amended to add or increase the
15    number of tax-increment-financing assisted housing units)
16    on or after November 1, 1999, an elementary, secondary, or
17    unit school district's increased costs attributable to
18    assisted housing units located within the redevelopment
19    project area for which the developer or redeveloper
20    receives financial assistance through an agreement with
21    the municipality or because the municipality incurs the
22    cost of necessary infrastructure improvements within the
23    boundaries of the assisted housing sites necessary for the
24    completion of that housing as authorized by this Act, and
25    which costs shall be paid by the municipality from the
26    Special Tax Allocation Fund when the tax increment revenue

 

 

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

 

 

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1                (ii) for elementary school districts with a
2            district average 1995-96 Per Capita Tuition Charge
3            of less than $5,900, no more than 17% of the total
4            amount of property tax increment revenue produced
5            by those housing units that have received tax
6            increment finance assistance under this Act; and
7                (iii) for secondary school districts with a
8            district average 1995-96 Per Capita Tuition Charge
9            of less than $5,900, no more than 8% of the total
10            amount of property tax increment revenue produced
11            by those housing units that have received tax
12            increment finance assistance under this Act.
13            (B) For alternate method districts, flat grant
14        districts, and foundation districts with a district
15        average 1995-96 Per Capita Tuition Charge equal to or
16        more than $5,900, excluding any school district with a
17        population in excess of 1,000,000, by multiplying the
18        district's increase in attendance resulting from the
19        net increase in new students enrolled in that school
20        district who reside in housing units within the
21        redevelopment project area that have received
22        financial assistance through an agreement with the
23        municipality or because the municipality incurs the
24        cost of necessary infrastructure improvements within
25        the boundaries of the housing sites necessary for the
26        completion of that housing as authorized by this Act

 

 

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1        since the designation of the redevelopment project
2        area by the most recently available per capita tuition
3        cost as defined in Section 10-20.12a of the School Code
4        less any increase in general state aid as defined in
5        Section 18-8.05 of the School Code attributable to
6        these added new students subject to the following
7        annual limitations:
8                (i) for unit school districts, no more than 40%
9            of the total amount of property tax increment
10            revenue produced by those housing units that have
11            received tax increment finance assistance under
12            this Act;
13                (ii) for elementary school districts, no more
14            than 27% of the total amount of property tax
15            increment revenue produced by those housing units
16            that have received tax increment finance
17            assistance under this Act; and
18                (iii) for secondary school districts, no more
19            than 13% of the total amount of property tax
20            increment revenue produced by those housing units
21            that have received tax increment finance
22            assistance under this Act.
23            (C) For any school district in a municipality with
24        a population in excess of 1,000,000, the following
25        restrictions shall apply to the reimbursement of
26        increased costs under this paragraph (7.5):

 

 

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1                (i) no increased costs shall be reimbursed
2            unless the school district certifies that each of
3            the schools affected by the assisted housing
4            project is at or over its student capacity;
5                (ii) the amount reimbursable shall be reduced
6            by the value of any land donated to the school
7            district by the municipality or developer, and by
8            the value of any physical improvements made to the
9            schools by the municipality or developer; and
10                (iii) the amount reimbursed may not affect
11            amounts otherwise obligated by the terms of any
12            bonds, notes, or other funding instruments, or the
13            terms of any redevelopment agreement.
14        Any school district seeking payment under this
15        paragraph (7.5) shall, after July 1 and before
16        September 30 of each year, provide the municipality
17        with reasonable evidence to support its claim for
18        reimbursement before the municipality shall be
19        required to approve or make the payment to the school
20        district. If the school district fails to provide the
21        information during this period in any year, it shall
22        forfeit any claim to reimbursement for that year.
23        School districts may adopt a resolution waiving the
24        right to all or a portion of the reimbursement
25        otherwise required by this paragraph (7.5). By
26        acceptance of this reimbursement the school district

 

 

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1        waives the right to directly or indirectly set aside,
2        modify, or contest in any manner the establishment of
3        the redevelopment project area or projects;
4        (7.7) For redevelopment project areas designated (or
5    redevelopment project areas amended to add or increase the
6    number of tax-increment-financing assisted housing units)
7    on or after January 1, 2005 (the effective date of Public
8    Act 93-961), a public library district's increased costs
9    attributable to assisted housing units located within the
10    redevelopment project area for which the developer or
11    redeveloper receives financial assistance through an
12    agreement with the municipality or because the
13    municipality incurs the cost of necessary infrastructure
14    improvements within the boundaries of the assisted housing
15    sites necessary for the completion of that housing as
16    authorized by this Act shall be paid to the library
17    district by the municipality from the Special Tax
18    Allocation Fund when the tax increment revenue is received
19    as a result of the assisted housing units. This paragraph
20    (7.7) applies only if (i) the library district is located
21    in a county that is subject to the Property Tax Extension
22    Limitation Law or (ii) the library district is not located
23    in a county that is subject to the Property Tax Extension
24    Limitation Law but the district is prohibited by any other
25    law from increasing its tax levy rate without a prior voter
26    referendum.

 

 

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1        The amount paid to a library district under this
2    paragraph (7.7) shall be calculated by multiplying (i) the
3    net increase in the number of persons eligible to obtain a
4    library card in that district who reside in housing units
5    within the redevelopment project area that have received
6    financial assistance through an agreement with the
7    municipality or because the municipality incurs the cost of
8    necessary infrastructure improvements within the
9    boundaries of the housing sites necessary for the
10    completion of that housing as authorized by this Act since
11    the designation of the redevelopment project area by (ii)
12    the per-patron cost of providing library services so long
13    as it does not exceed $120. The per-patron cost shall be
14    the Total Operating Expenditures Per Capita for the library
15    in the previous fiscal year. The municipality may deduct
16    from the amount that it must pay to a library district
17    under this paragraph any amount that it has voluntarily
18    paid to the library district from the tax increment
19    revenue. The amount paid to a library district under this
20    paragraph (7.7) shall be no more than 2% of the amount
21    produced by the assisted housing units and deposited into
22    the Special Tax Allocation Fund.
23        A library district is not eligible for any payment
24    under this paragraph (7.7) unless the library district has
25    experienced an increase in the number of patrons from the
26    municipality that created the tax-increment-financing

 

 

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1    district since the designation of the redevelopment
2    project area.
3        Any library district seeking payment under this
4    paragraph (7.7) shall, after July 1 and before September 30
5    of each year, provide the municipality with convincing
6    evidence to support its claim for reimbursement before the
7    municipality shall be required to approve or make the
8    payment to the library district. If the library district
9    fails to provide the information during this period in any
10    year, it shall forfeit any claim to reimbursement for that
11    year. Library districts may adopt a resolution waiving the
12    right to all or a portion of the reimbursement otherwise
13    required by this paragraph (7.7). By acceptance of such
14    reimbursement, the library district shall forfeit any
15    right to directly or indirectly set aside, modify, or
16    contest in any manner whatsoever the establishment of the
17    redevelopment project area or projects;
18        (8) Relocation costs to the extent that a municipality
19    determines that relocation costs shall be paid or is
20    required to make payment of relocation costs by federal or
21    State law or in order to satisfy subparagraph (7) of
22    subsection (n);
23        (9) Payment in lieu of taxes;
24        (10) Costs of job training, retraining, advanced
25    vocational education or career education, including but
26    not limited to courses in occupational, semi-technical or

 

 

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1    technical fields leading directly to employment, incurred
2    by one or more taxing districts, provided that such costs
3    (i) are related to the establishment and maintenance of
4    additional job training, advanced vocational education or
5    career education programs for persons employed or to be
6    employed by employers located in a redevelopment project
7    area; and (ii) when incurred by a taxing district or taxing
8    districts other than the municipality, are set forth in a
9    written agreement by or among the municipality and the
10    taxing district or taxing districts, which agreement
11    describes the program to be undertaken, including but not
12    limited to the number of employees to be trained, a
13    description of the training and services to be provided,
14    the number and type of positions available or to be
15    available, itemized costs of the program and sources of
16    funds to pay for the same, and the term of the agreement.
17    Such costs include, specifically, the payment by community
18    college districts of costs pursuant to Sections 3-37, 3-38,
19    3-40 and 3-40.1 of the Public Community College Act and by
20    school districts of costs pursuant to Sections 10-22.20a
21    and 10-23.3a of The School Code;
22        (11) Interest cost incurred by a redeveloper related to
23    the construction, renovation or rehabilitation of a
24    redevelopment project provided that:
25            (A) such costs are to be paid directly from the
26        special tax allocation fund established pursuant to

 

 

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

 

 

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1        modified by this subparagraph, and notwithstanding any
2        other provisions of this Act to the contrary, the
3        municipality may pay from tax increment revenues up to
4        50% of the cost of construction of new housing units to
5        be occupied by low-income households and very
6        low-income households as defined in Section 3 of the
7        Illinois Affordable Housing Act. The cost of
8        construction of those units may be derived from the
9        proceeds of bonds issued by the municipality under this
10        Act or other constitutional or statutory authority or
11        from other sources of municipal revenue that may be
12        reimbursed from tax increment revenues or the proceeds
13        of bonds issued to finance the construction of that
14        housing.
15            The eligible costs provided under this
16        subparagraph (F) of paragraph (11) shall be an eligible
17        cost for the construction, renovation, and
18        rehabilitation of all low and very low-income housing
19        units, as defined in Section 3 of the Illinois
20        Affordable Housing Act, within the redevelopment
21        project area. If the low and very low-income units are
22        part of a residential redevelopment project that
23        includes units not affordable to low and very
24        low-income households, only the low and very
25        low-income units shall be eligible for benefits under
26        subparagraph (F) of paragraph (11). The standards for

 

 

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1        maintaining the occupancy by low-income households and
2        very low-income households, as defined in Section 3 of
3        the Illinois Affordable Housing Act, of those units
4        constructed with eligible costs made available under
5        the provisions of this subparagraph (F) of paragraph
6        (11) shall be established by guidelines adopted by the
7        municipality. The responsibility for annually
8        documenting the initial occupancy of the units by
9        low-income households and very low-income households,
10        as defined in Section 3 of the Illinois Affordable
11        Housing Act, shall be that of the then current owner of
12        the property. For ownership units, the guidelines will
13        provide, at a minimum, for a reasonable recapture of
14        funds, or other appropriate methods designed to
15        preserve the original affordability of the ownership
16        units. For rental units, the guidelines will provide,
17        at a minimum, for the affordability of rent to low and
18        very low-income households. As units become available,
19        they shall be rented to income-eligible tenants. The
20        municipality may modify these guidelines from time to
21        time; the guidelines, however, shall be in effect for
22        as long as tax increment revenue is being used to pay
23        for costs associated with the units or for the
24        retirement of bonds issued to finance the units or for
25        the life of the redevelopment project area, whichever
26        is later.

 

 

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1        (11.5) If the redevelopment project area is located
2    within a municipality with a population of more than
3    100,000, the cost of day care services for children of
4    employees from low-income families working for businesses
5    located within the redevelopment project area and all or a
6    portion of the cost of operation of day care centers
7    established by redevelopment project area businesses to
8    serve employees from low-income families working in
9    businesses located in the redevelopment project area. For
10    the purposes of this paragraph, "low-income families"
11    means families whose annual income does not exceed 80% of
12    the municipal, county, or regional median income, adjusted
13    for family size, as the annual income and municipal,
14    county, or regional median income are determined from time
15    to time by the United States Department of Housing and
16    Urban Development.
17        (12) Unless explicitly stated herein the cost of
18    construction of new privately-owned buildings shall not be
19    an eligible redevelopment project cost.
20        (13) After November 1, 1999 (the effective date of
21    Public Act 91-478), none of the redevelopment project costs
22    enumerated in this subsection shall be eligible
23    redevelopment project costs if those costs would provide
24    direct financial support to a retail entity initiating
25    operations in the redevelopment project area while
26    terminating operations at another Illinois location within

 

 

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1    10 miles of the redevelopment project area but outside the
2    boundaries of the redevelopment project area municipality.
3    For purposes of this paragraph, termination means a closing
4    of a retail operation that is directly related to the
5    opening of the same operation or like retail entity owned
6    or operated by more than 50% of the original ownership in a
7    redevelopment project area, but it does not mean closing an
8    operation for reasons beyond the control of the retail
9    entity, as documented by the retail entity, subject to a
10    reasonable finding by the municipality that the current
11    location contained inadequate space, had become
12    economically obsolete, or was no longer a viable location
13    for the retailer or serviceman.
14        (14) No cost shall be a redevelopment project cost in a
15    redevelopment project area if used to demolish, remove, or
16    substantially modify a historic resource, after August 26,
17    2008 (the effective date of Public Act 95-934), unless no
18    prudent and feasible alternative exists. "Historic
19    resource" for the purpose of this item (14) means (i) a
20    place or structure that is included or eligible for
21    inclusion on the National Register of Historic Places or
22    (ii) a contributing structure in a district on the National
23    Register of Historic Places. This item (14) does not apply
24    to a place or structure for which demolition, removal, or
25    modification is subject to review by the preservation
26    agency of a Certified Local Government designated as such

 

 

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1    by the National Park Service of the United States
2    Department of the Interior.
3    If a special service area has been established pursuant to
4the Special Service Area Tax Act or Special Service Area Tax
5Law, then any tax increment revenues derived from the tax
6imposed pursuant to the Special Service Area Tax Act or Special
7Service Area Tax Law may be used within the redevelopment
8project area for the purposes permitted by that Act or Law as
9well as the purposes permitted by this Act.
10    (q-1) For redevelopment project areas created pursuant to
11subsection (p-1), redevelopment project costs are limited to
12those costs in paragraph (q) that are related to the existing
13or proposed Regional Transportation Authority Suburban Transit
14Access Route (STAR Line) station.
15    (q-2) For a redevelopment project area located within a
16transit facility improvement area established pursuant to
17Section 11-74.4-3.3, redevelopment project costs means those
18costs described in subsection (q) that are related to the
19construction, reconstruction, rehabilitation, remodeling, or
20repair of any existing or proposed transit facility.
21    (r) "State Sales Tax Boundary" means the redevelopment
22project area or the amended redevelopment project area
23boundaries which are determined pursuant to subsection (9) of
24Section 11-74.4-8a of this Act. The Department of Revenue shall
25certify pursuant to subsection (9) of Section 11-74.4-8a the
26appropriate boundaries eligible for the determination of State

 

 

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1Sales Tax Increment.
2    (s) "State Sales Tax Increment" means an amount equal to
3the increase in the aggregate amount of taxes paid by retailers
4and servicemen, other than retailers and servicemen subject to
5the Public Utilities Act, on transactions at places of business
6located within a State Sales Tax Boundary pursuant to the
7Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
8Tax Act, and the Service Occupation Tax Act, except such
9portion of such increase that is paid into the State and Local
10Sales Tax Reform Fund, the Local Government Distributive Fund,
11the Local Government Tax Fund and the County and Mass Transit
12District Fund, for as long as State participation exists, over
13and above the Initial Sales Tax Amounts, Adjusted Initial Sales
14Tax Amounts or the Revised Initial Sales Tax Amounts for such
15taxes as certified by the Department of Revenue and paid under
16those Acts by retailers and servicemen on transactions at
17places of business located within the State Sales Tax Boundary
18during the base year which shall be the calendar year
19immediately prior to the year in which the municipality adopted
20tax increment allocation financing, less 3.0% of such amounts
21generated under the Retailers' Occupation Tax Act, Use Tax Act
22and Service Use Tax Act and the Service Occupation Tax Act,
23which sum shall be appropriated to the Department of Revenue to
24cover its costs of administering and enforcing this Section.
25For purposes of computing the aggregate amount of such taxes
26for base years occurring prior to 1985, the Department of

 

 

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1Revenue shall compute the Initial Sales Tax Amount for such
2taxes and deduct therefrom an amount equal to 4% of the
3aggregate amount of taxes per year for each year the base year
4is prior to 1985, but not to exceed a total deduction of 12%.
5The amount so determined shall be known as the "Adjusted
6Initial Sales Tax Amount". For purposes of determining the
7State Sales Tax Increment the Department of Revenue shall for
8each period subtract from the tax amounts received from
9retailers and servicemen on transactions located in the State
10Sales Tax Boundary, the certified Initial Sales Tax Amounts,
11Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
12Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
13the Service Use Tax Act and the Service Occupation Tax Act. For
14the State Fiscal Year 1989 this calculation shall be made by
15utilizing the calendar year 1987 to determine the tax amounts
16received. For the State Fiscal Year 1990, this calculation
17shall be made by utilizing the period from January 1, 1988,
18until September 30, 1988, to determine the tax amounts received
19from retailers and servicemen, which shall have deducted
20therefrom nine-twelfths of the certified Initial Sales Tax
21Amounts, Adjusted Initial Sales Tax Amounts or the Revised
22Initial Sales Tax Amounts as appropriate. For the State Fiscal
23Year 1991, this calculation shall be made by utilizing the
24period from October 1, 1988, until June 30, 1989, to determine
25the tax amounts received from retailers and servicemen, which
26shall have deducted therefrom nine-twelfths of the certified

 

 

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1Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
2Amounts or the Revised Initial Sales Tax Amounts as
3appropriate. For every State Fiscal Year thereafter, the
4applicable period shall be the 12 months beginning July 1 and
5ending on June 30, to determine the tax amounts received which
6shall have deducted therefrom the certified Initial Sales Tax
7Amounts, Adjusted Initial Sales Tax Amounts or the Revised
8Initial Sales Tax Amounts. Municipalities intending to receive
9a distribution of State Sales Tax Increment must report a list
10of retailers to the Department of Revenue by October 31, 1988
11and by July 31, of each year thereafter.
12    (t) "Taxing districts" means counties, townships, cities
13and incorporated towns and villages, school, road, park,
14sanitary, mosquito abatement, forest preserve, public health,
15fire protection, river conservancy, tuberculosis sanitarium
16and any other municipal corporations or districts with the
17power to levy taxes.
18    (u) "Taxing districts' capital costs" means those costs of
19taxing districts for capital improvements that are found by the
20municipal corporate authorities to be necessary and directly
21result from the redevelopment project.
22    (v) As used in subsection (a) of Section 11-74.4-3 of this
23Act, "vacant land" means any parcel or combination of parcels
24of real property without industrial, commercial, and
25residential buildings which has not been used for commercial
26agricultural purposes within 5 years prior to the designation

 

 

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1of the redevelopment project area, unless the parcel is
2included in an industrial park conservation area or the parcel
3has been subdivided; provided that if the parcel was part of a
4larger tract that has been divided into 3 or more smaller
5tracts that were accepted for recording during the period from
61950 to 1990, then the parcel shall be deemed to have been
7subdivided, and all proceedings and actions of the municipality
8taken in that connection with respect to any previously
9approved or designated redevelopment project area or amended
10redevelopment project area are hereby validated and hereby
11declared to be legally sufficient for all purposes of this Act.
12For purposes of this Section and only for land subject to the
13subdivision requirements of the Plat Act, land is subdivided
14when the original plat of the proposed Redevelopment Project
15Area or relevant portion thereof has been properly certified,
16acknowledged, approved, and recorded or filed in accordance
17with the Plat Act and a preliminary plat, if any, for any
18subsequent phases of the proposed Redevelopment Project Area or
19relevant portion thereof has been properly approved and filed
20in accordance with the applicable ordinance of the
21municipality.
22    (w) "Annual Total Increment" means the sum of each
23municipality's annual Net Sales Tax Increment and each
24municipality's annual Net Utility Tax Increment. The ratio of
25the Annual Total Increment of each municipality to the Annual
26Total Increment for all municipalities, as most recently

 

 

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1calculated by the Department, shall determine the proportional
2shares of the Illinois Tax Increment Fund to be distributed to
3each municipality.
4    (x) "LEED certified" means any certification level of
5construction elements by a qualified Leadership in Energy and
6Environmental Design Accredited Professional as determined by
7the U.S. Green Building Council.
8    (y) "Green Globes certified" means any certification level
9of construction elements by a qualified Green Globes
10Professional as determined by the Green Building Initiative.
11(Source: P.A. 96-328, eff. 8-11-09; 96-630, eff. 1-1-10;
1296-680, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-101, eff.
131-1-12.)
 
14    (65 ILCS 5/11-74.4-3.3 new)
15    Sec. 11-74.4-3.3. Redevelopment project area within a
16transit facility improvement area.
17    (a) As used in this Section:
18    "Redevelopment project area" means the area identified in:
19the Chicago Union Station Master Plan; the Chicago Transit
20Authority's Red and Purple Modernization Program; the Chicago
21Transit Authority's Red Line Extension Program; and the Chicago
22Transit Authority's Blue Line Modernization and Extension
23Program, each as may be amended from time to time after the
24effective date of this amendatory Act of the 99th General
25Assembly.

 

 

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1    "Transit" means any one or more of the following
2transportation services provided to passengers: inter-city
3passenger rail service; commuter rail service; and urban mass
4transit rail service, whether elevated, underground, or
5running at grade, and whether provided through rolling stock
6generally referred to as heavy rail or light rail.
7    "Transit facility" means an existing or proposed transit
8passenger station, an existing or proposed transit
9maintenance, storage or service facility, or an existing or
10proposed right of way for use in providing transit services.
11    "Transit facility improvement area" means an area whose
12boundaries are no more than one-half mile in any direction from
13the location of a transit passenger station, or the existing or
14proposed right of way of transit facility, as applicable;
15provided that the length of any existing or proposed right of
16way or a transit passenger station included in any transit
17facility improvement area shall not exceed: 9 miles for the
18Chicago Transit Authority's Blue Line Modernization and
19Extension Program; 17 miles for the Chicago Transit Authority's
20Red and Purple Modernization Program (running from Madison
21Street North to Linden Avenue); and 20 miles for the Chicago
22Transit Authority's Red Line Extension Program (running from
23Madison Street South to 130th Street).
24    (b) Notwithstanding any other provision of law to the
25contrary, if the corporate authorities of a municipality
26designate an area within the territorial limits of the

 

 

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1municipality as a transit facility improvement area, then that
2municipality may establish one or more redevelopment project
3areas within that transit facility improvement area for the
4purpose of developing new transit facilities, expanding or
5rehabilitating existing transit facilities, or both. With
6respect to a transit facility whose right of way is located in
7more than one municipality, each municipality may designate an
8area within its territorial limits as a transit facility
9improvement area and may establish a redevelopment project area
10for each of the qualifying projects identified in subsection
11(a) of this Section.
 
12    (65 ILCS 5/11-74.4-3.5)
13    Sec. 11-74.4-3.5. Completion dates for redevelopment
14projects.
15    (a) Unless otherwise stated in this Section, the estimated
16dates of completion of the redevelopment project and retirement
17of obligations issued to finance redevelopment project costs
18(including refunding bonds under Section 11-74.4-7) may not be
19later than December 31 of the year in which the payment to the
20municipal treasurer, as provided in subsection (b) of Section
2111-74.4-8 of this Act, is to be made with respect to ad valorem
22taxes levied in the 23rd calendar year after the year in which
23the ordinance approving the redevelopment project area was
24adopted if the ordinance was adopted on or after January 15,
251981.

 

 

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1    (a-5) If the redevelopment project area is located within a
2transit facility improvement area established pursuant to
3Section 11-74.4-3, the estimated dates of completion of the
4redevelopment project and retirement of obligations issued to
5finance redevelopment project costs (including refunding bonds
6under Section 11-74.4-7) may not be later than December 31 of
7the year in which the payment to the municipal treasurer, as
8provided in subsection (b) of Section 11-74.4-8 of this
9amendatory Act of the 99th General Assembly, is to be made with
10respect to ad valorem taxes levied in the 35th calendar year
11after the year in which the ordinance approving the
12redevelopment project area was adopted.
13    (a-7) A municipality may adopt tax increment financing for
14a redevelopment project area located in a transit facility
15improvement area that also includes real property located
16within an existing redevelopment project area established
17prior to the effective date of this amendatory Act of 99th
18General Assembly. In such case: (i) the provisions of this
19Division shall apply with respect to the previously established
20redevelopment project area until the municipality adopts, as
21required in accordance with applicable provisions of this
22Division, an ordinance dissolving the special tax allocation
23fund for such redevelopment project area and terminating the
24designation of such redevelopment project area as a
25redevelopment project area; and (ii) after the effective date
26of the ordinance described in (i), the provisions of this

 

 

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1Division shall apply with respect to the subsequently
2established redevelopment project area located in a transit
3facility improvement area.
4    (b) The estimated dates of completion of the redevelopment
5project and retirement of obligations issued to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may not be later than December 31 of the
8year in which the payment to the municipal treasurer as
9provided in subsection (b) of Section 11-74.4-8 of this Act is
10to be made with respect to ad valorem taxes levied in the 32nd
11calendar year after the year in which the ordinance approving
12the redevelopment project area was adopted if the ordinance was
13adopted on September 9, 1999 by the Village of Downs.
14    The estimated dates of completion of the redevelopment
15project and retirement of obligations issued to finance
16redevelopment project costs (including refunding bonds under
17Section 11-74.4-7) may not be later than December 31 of the
18year in which the payment to the municipal treasurer as
19provided in subsection (b) of Section 11-74.4-8 of this Act is
20to be made with respect to ad valorem taxes levied in the 33rd
21calendar year after the year in which the ordinance approving
22the redevelopment project area was adopted if the ordinance was
23adopted on May 20, 1985 by the Village of Wheeling.
24    The estimated dates of completion of the redevelopment
25project and retirement of obligations issued to finance
26redevelopment project costs (including refunding bonds under

 

 

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1Section 11-74.4-7) may not be later than December 31 of the
2year in which the payment to the municipal treasurer as
3provided in subsection (b) of Section 11-74.4-8 of this Act is
4to be made with respect to ad valorem taxes levied in the 28th
5calendar year after the year in which the ordinance approving
6the redevelopment project area was adopted if the ordinance was
7adopted on October 12, 1989 by the City of Lawrenceville.
8    (c) The estimated dates of completion of the redevelopment
9project and retirement of obligations issued to finance
10redevelopment project costs (including refunding bonds under
11Section 11-74.4-7) may not be later than December 31 of the
12year in which the payment to the municipal treasurer as
13provided in subsection (b) of Section 11-74.4-8 of this Act is
14to be made with respect to ad valorem taxes levied in the 35th
15calendar year after the year in which the ordinance approving
16the redevelopment project area was adopted:
17        (1) If the ordinance was adopted before January 15,
18    1981.
19        (2) If the ordinance was adopted in December 1983,
20    April 1984, July 1985, or December 1989.
21        (3) If the ordinance was adopted in December 1987 and
22    the redevelopment project is located within one mile of
23    Midway Airport.
24        (4) If the ordinance was adopted before January 1, 1987
25    by a municipality in Mason County.
26        (5) If the municipality is subject to the Local

 

 

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1    Government Financial Planning and Supervision Act or the
2    Financially Distressed City Law.
3        (6) If the ordinance was adopted in December 1984 by
4    the Village of Rosemont.
5        (7) If the ordinance was adopted on December 31, 1986
6    by a municipality located in Clinton County for which at
7    least $250,000 of tax increment bonds were authorized on
8    June 17, 1997, or if the ordinance was adopted on December
9    31, 1986 by a municipality with a population in 1990 of
10    less than 3,600 that is located in a county with a
11    population in 1990 of less than 34,000 and for which at
12    least $250,000 of tax increment bonds were authorized on
13    June 17, 1997.
14        (8) If the ordinance was adopted on October 5, 1982 by
15    the City of Kankakee, or if the ordinance was adopted on
16    December 29, 1986 by East St. Louis.
17        (9) If the ordinance was adopted on November 12, 1991
18    by the Village of Sauget.
19        (10) If the ordinance was adopted on February 11, 1985
20    by the City of Rock Island.
21        (11) If the ordinance was adopted before December 18,
22    1986 by the City of Moline.
23        (12) If the ordinance was adopted in September 1988 by
24    Sauk Village.
25        (13) If the ordinance was adopted in October 1993 by
26    Sauk Village.

 

 

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1        (14) If the ordinance was adopted on December 29, 1986
2    by the City of Galva.
3        (15) If the ordinance was adopted in March 1991 by the
4    City of Centreville.
5        (16) If the ordinance was adopted on January 23, 1991
6    by the City of East St. Louis.
7        (17) If the ordinance was adopted on December 22, 1986
8    by the City of Aledo.
9        (18) If the ordinance was adopted on February 5, 1990
10    by the City of Clinton.
11        (19) If the ordinance was adopted on September 6, 1994
12    by the City of Freeport.
13        (20) If the ordinance was adopted on December 22, 1986
14    by the City of Tuscola.
15        (21) If the ordinance was adopted on December 23, 1986
16    by the City of Sparta.
17        (22) If the ordinance was adopted on December 23, 1986
18    by the City of Beardstown.
19        (23) If the ordinance was adopted on April 27, 1981,
20    October 21, 1985, or December 30, 1986 by the City of
21    Belleville.
22        (24) If the ordinance was adopted on December 29, 1986
23    by the City of Collinsville.
24        (25) If the ordinance was adopted on September 14, 1994
25    by the City of Alton.
26        (26) If the ordinance was adopted on November 11, 1996

 

 

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1    by the City of Lexington.
2        (27) If the ordinance was adopted on November 5, 1984
3    by the City of LeRoy.
4        (28) If the ordinance was adopted on April 3, 1991 or
5    June 3, 1992 by the City of Markham.
6        (29) If the ordinance was adopted on November 11, 1986
7    by the City of Pekin.
8        (30) If the ordinance was adopted on December 15, 1981
9    by the City of Champaign.
10        (31) If the ordinance was adopted on December 15, 1986
11    by the City of Urbana.
12        (32) If the ordinance was adopted on December 15, 1986
13    by the Village of Heyworth.
14        (33) If the ordinance was adopted on February 24, 1992
15    by the Village of Heyworth.
16        (34) If the ordinance was adopted on March 16, 1995 by
17    the Village of Heyworth.
18        (35) If the ordinance was adopted on December 23, 1986
19    by the Town of Cicero.
20        (36) If the ordinance was adopted on December 30, 1986
21    by the City of Effingham.
22        (37) If the ordinance was adopted on May 9, 1991 by the
23    Village of Tilton.
24        (38) If the ordinance was adopted on October 20, 1986
25    by the City of Elmhurst.
26        (39) If the ordinance was adopted on January 19, 1988

 

 

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1    by the City of Waukegan.
2        (40) If the ordinance was adopted on September 21, 1998
3    by the City of Waukegan.
4        (41) If the ordinance was adopted on December 31, 1986
5    by the City of Sullivan.
6        (42) If the ordinance was adopted on December 23, 1991
7    by the City of Sullivan.
8        (43) If the ordinance was adopted on December 31, 1986
9    by the City of Oglesby.
10        (44) If the ordinance was adopted on July 28, 1987 by
11    the City of Marion.
12        (45) If the ordinance was adopted on April 23, 1990 by
13    the City of Marion.
14        (46) If the ordinance was adopted on August 20, 1985 by
15    the Village of Mount Prospect.
16        (47) If the ordinance was adopted on February 2, 1998
17    by the Village of Woodhull.
18        (48) If the ordinance was adopted on April 20, 1993 by
19    the Village of Princeville.
20        (49) If the ordinance was adopted on July 1, 1986 by
21    the City of Granite City.
22        (50) If the ordinance was adopted on February 2, 1989
23    by the Village of Lombard.
24        (51) If the ordinance was adopted on December 29, 1986
25    by the Village of Gardner.
26        (52) If the ordinance was adopted on July 14, 1999 by

 

 

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1    the Village of Paw Paw.
2        (53) If the ordinance was adopted on November 17, 1986
3    by the Village of Franklin Park.
4        (54) If the ordinance was adopted on November 20, 1989
5    by the Village of South Holland.
6        (55) If the ordinance was adopted on July 14, 1992 by
7    the Village of Riverdale.
8        (56) If the ordinance was adopted on December 29, 1986
9    by the City of Galesburg.
10        (57) If the ordinance was adopted on April 1, 1985 by
11    the City of Galesburg.
12        (58) If the ordinance was adopted on May 21, 1990 by
13    the City of West Chicago.
14        (59) If the ordinance was adopted on December 16, 1986
15    by the City of Oak Forest.
16        (60) If the ordinance was adopted in 1999 by the City
17    of Villa Grove.
18        (61) If the ordinance was adopted on January 13, 1987
19    by the Village of Mt. Zion.
20        (62) If the ordinance was adopted on December 30, 1986
21    by the Village of Manteno.
22        (63) If the ordinance was adopted on April 3, 1989 by
23    the City of Chicago Heights.
24        (64) If the ordinance was adopted on January 6, 1999 by
25    the Village of Rosemont.
26        (65) If the ordinance was adopted on December 19, 2000

 

 

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1    by the Village of Stone Park.
2        (66) If the ordinance was adopted on December 22, 1986
3    by the City of DeKalb.
4        (67) If the ordinance was adopted on December 2, 1986
5    by the City of Aurora.
6        (68) If the ordinance was adopted on December 31, 1986
7    by the Village of Milan.
8        (69) If the ordinance was adopted on September 8, 1994
9    by the City of West Frankfort.
10        (70) If the ordinance was adopted on December 23, 1986
11    by the Village of Libertyville.
12        (71) If the ordinance was adopted on December 22, 1986
13    by the Village of Hoffman Estates.
14        (72) If the ordinance was adopted on September 17, 1986
15    by the Village of Sherman.
16        (73) If the ordinance was adopted on December 16, 1986
17    by the City of Macomb.
18        (74) If the ordinance was adopted on June 11, 2002 by
19    the City of East Peoria to create the West Washington
20    Street TIF.
21        (75) If the ordinance was adopted on June 11, 2002 by
22    the City of East Peoria to create the Camp Street TIF.
23        (76) If the ordinance was adopted on August 7, 2000 by
24    the City of Des Plaines.
25        (77) If the ordinance was adopted on December 22, 1986
26    by the City of Washington to create the Washington Square

 

 

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1    TIF #2.
2        (78) If the ordinance was adopted on December 29, 1986
3    by the City of Morris.
4        (79) If the ordinance was adopted on July 6, 1998 by
5    the Village of Steeleville.
6        (80) If the ordinance was adopted on December 29, 1986
7    by the City of Pontiac to create TIF I (the Main St TIF).
8        (81) If the ordinance was adopted on December 29, 1986
9    by the City of Pontiac to create TIF II (the Interstate
10    TIF).
11        (82) If the ordinance was adopted on November 6, 2002
12    by the City of Chicago to create the Madden/Wells TIF
13    District.
14        (83) If the ordinance was adopted on November 4, 1998
15    by the City of Chicago to create the Roosevelt/Racine TIF
16    District.
17        (84) If the ordinance was adopted on June 10, 1998 by
18    the City of Chicago to create the Stony Island
19    Commercial/Burnside Industrial Corridors TIF District.
20        (85) If the ordinance was adopted on November 29, 1989
21    by the City of Chicago to create the Englewood Mall TIF
22    District.
23        (86) If the ordinance was adopted on December 27, 1986
24    by the City of Mendota.
25        (87) If the ordinance was adopted on December 31, 1986
26    by the Village of Cahokia.

 

 

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1        (88) If the ordinance was adopted on September 20, 1999
2    by the City of Belleville.
3        (89) If the ordinance was adopted on December 30, 1986
4    by the Village of Bellevue to create the Bellevue TIF
5    District 1.
6        (90) If the ordinance was adopted on December 13, 1993
7    by the Village of Crete.
8        (91) If the ordinance was adopted on February 12, 2001
9    by the Village of Crete.
10        (92) If the ordinance was adopted on April 23, 2001 by
11    the Village of Crete.
12        (93) If the ordinance was adopted on December 16, 1986
13    by the City of Champaign.
14        (94) If the ordinance was adopted on December 20, 1986
15    by the City of Charleston.
16        (95) If the ordinance was adopted on June 6, 1989 by
17    the Village of Romeoville.
18        (96) If the ordinance was adopted on October 14, 1993
19    and amended on August 2, 2010 by the City of Venice.
20        (97) If the ordinance was adopted on June 1, 1994 by
21    the City of Markham.
22        (98) If the ordinance was adopted on May 19, 1998 by
23    the Village of Bensenville.
24        (99) If the ordinance was adopted on November 12, 1987
25    by the City of Dixon.
26        (100) If the ordinance was adopted on December 20, 1988

 

 

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1    by the Village of Lansing.
2        (101) If the ordinance was adopted on October 27, 1998
3    by the City of Moline.
4        (102) If the ordinance was adopted on May 21, 1991 by
5    the Village of Glenwood.
6        (103) If the ordinance was adopted on January 28, 1992
7    by the City of East Peoria.
8        (104) If the ordinance was adopted on December 14, 1998
9    by the City of Carlyle.
10        (105) If the ordinance was adopted on May 17, 2000, as
11    subsequently amended, by the City of Chicago to create the
12    Midwest Redevelopment TIF District.
13        (106) If the ordinance was adopted on September 13,
14    1989 by the City of Chicago to create the Michigan/Cermak
15    Area TIF District.
16        (107) If the ordinance was adopted on March 30, 1992 by
17    the Village of Ohio.
18        (108) If the ordinance was adopted on July 6, 1998 by
19    the Village of Orangeville.
20        (109) If the ordinance was adopted on December 16, 1997
21    by the Village of Germantown.
22        (110) If the ordinance was adopted on April 28, 2003 by
23    Gibson City.
24        (111) If the ordinance was adopted on December 18, 1990
25    by the Village of Washington Park, but only after the
26    Village of Washington Park becomes compliant with the

 

 

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1    reporting requirements under subsection (d) of Section
2    11-74.4-5, and after the State Comptroller's certification
3    of such compliance.
4        (112) If the ordinance was adopted on February 28, 2000
5    by the City of Harvey.
6        (113) If the ordinance was adopted on January 11, 1991
7    by the City of Chicago to create the Read/Dunning TIF
8    District.
9        (114) If the ordinance was adopted on July 24, 1991 by
10    the City of Chicago to create the Sanitary and Ship Canal
11    TIF District.
12        (115) If the ordinance was adopted on December 4, 2007
13    by the City of Naperville.
14        (116) If the ordinance was adopted on July 1, 2002 by
15    the Village of Arlington Heights.
16        (117) If the ordinance was adopted on February 11, 1991
17    by the Village of Machesney Park.
18        (118) If the ordinance was adopted on December 29, 1993
19    by the City of Ottawa.
20        (119) If the ordinance was adopted on June 4, 1991 by
21    the Village of Lansing.
22        (120) If the ordinance was adopted on February 10, 2004
23    by the Village of Fox Lake.
24        (121) If the ordinance was adopted on December 22, 1992
25    by the City of Fairfield.
26        (122) If the ordinance was adopted on February 10, 1992

 

 

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1    by the City of Mt. Sterling.
2        (123) If the ordinance was adopted on March 15, 2004 by
3    the City of Batavia.
4        (124) If the ordinance was adopted on March 18, 2002 by
5    the Village of Lake Zurich.
6        (125) If the ordinance was adopted on September 23,
7    1997 by the City of Granite City.
8        (126) If the ordinance was adopted on May 8, 2013 by
9    the Village of Rosemont to create the Higgins Road/River
10    Road TIF District No. 6.
11        (127) If the ordinance was adopted on November 22, 1993
12    by the City of Arcola.
13        (128) If the ordinance was adopted on September 7, 2004
14    by the City of Arcola.
15        (129) If the ordinance was adopted on November 29, 1999
16    by the City of Paris.
17        (130) If the ordinance was adopted on September 20,
18    1994 by the City of Ottawa to create the U.S. Route 6 East
19    Ottawa TIF.
20        (131) If the ordinance was adopted on May 2, 2002 by
21    the Village of Crestwood.
22        (132) If the ordinance was adopted on October 27, 1992
23    by the City of Blue Island.
24        (133) If the ordinance was adopted on December 23, 1993
25    by the City of Lacon.
26        (134) If the ordinance was adopted on May 4, 1998 by

 

 

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1    the Village of Bradford.
2        (135) If the ordinance was adopted on June 11, 2002 by
3    the City of Oak Forest.
4        (136) If the ordinance was adopted on November 16, 1992
5    by the City of Pinckneyville.
6        (137) If the ordinance was adopted on March 1, 2001 by
7    the Village of South Jacksonville.
8        (138) If the ordinance was adopted on February 26, 1992
9    by the City of Chicago to create the Stockyards Southeast
10    Quadrant TIF District.
11        (139) If the ordinance was adopted on January 25, 1993
12    by the City of LaSalle.
13        (140) If the ordinance was adopted on December 23, 1997
14    by the Village of Dieterich.
15        (141) If the ordinance was adopted on February 10, 2016
16    by the Village of Rosemont to create the Balmoral/Pearl TIF
17    No. 8 Tax Increment Financing Redevelopment Project Area.
18    (d) For redevelopment project areas for which bonds were
19issued before July 29, 1991, or for which contracts were
20entered into before June 1, 1988, in connection with a
21redevelopment project in the area within the State Sales Tax
22Boundary, the estimated dates of completion of the
23redevelopment project and retirement of obligations to finance
24redevelopment project costs (including refunding bonds under
25Section 11-74.4-7) may be extended by municipal ordinance to
26December 31, 2013. The termination procedures of subsection (b)

 

 

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1of Section 11-74.4-8 are not required for these redevelopment
2project areas in 2009 but are required in 2013. The extension
3allowed by Public Act 87-1272 shall not apply to real property
4tax increment allocation financing under Section 11-74.4-8.
5    (e) Those dates, for purposes of real property tax
6increment allocation financing pursuant to Section 11-74.4-8
7only, shall be not more than 35 years for redevelopment project
8areas that were adopted on or after December 16, 1986 and for
9which at least $8 million worth of municipal bonds were
10authorized on or after December 19, 1989 but before January 1,
111990; provided that the municipality elects to extend the life
12of the redevelopment project area to 35 years by the adoption
13of an ordinance after at least 14 but not more than 30 days'
14written notice to the taxing bodies, that would otherwise
15constitute the joint review board for the redevelopment project
16area, before the adoption of the ordinance.
17    (f) Those dates, for purposes of real property tax
18increment allocation financing pursuant to Section 11-74.4-8
19only, shall be not more than 35 years for redevelopment project
20areas that were established on or after December 1, 1981 but
21before January 1, 1982 and for which at least $1,500,000 worth
22of tax increment revenue bonds were authorized on or after
23September 30, 1990 but before July 1, 1991; provided that the
24municipality elects to extend the life of the redevelopment
25project area to 35 years by the adoption of an ordinance after
26at least 14 but not more than 30 days' written notice to the

 

 

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1taxing bodies, that would otherwise constitute the joint review
2board for the redevelopment project area, before the adoption
3of the ordinance.
4    (f-5) Those dates, for purposes of real property tax
5increment allocation financing pursuant to Section 11-74.4-8
6only, shall be not more than 47 years for redevelopment project
7areas that were established on December 29, 1981 by the City of
8Springfield; provided that (i) the city of Springfield adopts
9an ordinance extending the life of the redevelopment project
10area to 47 years and (ii) the City of Springfield provides
11notice to the taxing bodies that would otherwise constitute the
12joint review board for the redevelopment project area not more
13than 30 and not less than 14 days prior to the adoption of that
14ordinance.
15    (g) In consolidating the material relating to completion
16dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
17it is not the intent of the General Assembly to make any
18substantive change in the law, except for the extension of the
19completion dates for the City of Aurora, the Village of Milan,
20the City of West Frankfort, the Village of Libertyville, and
21the Village of Hoffman Estates set forth under items (67),
22(68), (69), (70), and (71) of subsection (c) of this Section.
23(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;
2498-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.
2512-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,
26eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;

 

 

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198-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.
21-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.
38-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.
412-17-15.)
 
5    (65 ILCS 5/11-74.4-4)  (from Ch. 24, par. 11-74.4-4)
6    Sec. 11-74.4-4. Municipal powers and duties; redevelopment
7project areas. The changes made by this amendatory Act of the
891st General Assembly do not apply to a municipality that, (i)
9before the effective date of this amendatory Act of the 91st
10General Assembly, has adopted an ordinance or resolution fixing
11a time and place for a public hearing under Section 11-74.4-5
12or (ii) before July 1, 1999, has adopted an ordinance or
13resolution providing for a feasibility study under Section
1411-74.4-4.1, but has not yet adopted an ordinance approving
15redevelopment plans and redevelopment projects or designating
16redevelopment project areas under this Section, until after
17that municipality adopts an ordinance approving redevelopment
18plans and redevelopment projects or designating redevelopment
19project areas under this Section; thereafter the changes made
20by this amendatory Act of the 91st General Assembly apply to
21the same extent that they apply to redevelopment plans and
22redevelopment projects that were approved and redevelopment
23projects that were designated before the effective date of this
24amendatory Act of the 91st General Assembly.
25    A municipality may:

 

 

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1    (a) By ordinance introduced in the governing body of the
2municipality within 14 to 90 days from the completion of the
3hearing specified in Section 11-74.4-5 approve redevelopment
4plans and redevelopment projects, and designate redevelopment
5project areas pursuant to notice and hearing required by this
6Act. No redevelopment project area shall be designated unless a
7plan and project are approved prior to the designation of such
8area and such area shall include only those contiguous parcels
9of real property and improvements thereon substantially
10benefited by the proposed redevelopment project improvements.
11Upon adoption of the ordinances, the municipality shall
12forthwith transmit to the county clerk of the county or
13counties within which the redevelopment project area is located
14a certified copy of the ordinances, a legal description of the
15redevelopment project area, a map of the redevelopment project
16area, identification of the year that the county clerk shall
17use for determining the total initial equalized assessed value
18of the redevelopment project area consistent with subsection
19(a) of Section 11-74.4-9, and a list of the parcel or tax
20identification number of each parcel of property included in
21the redevelopment project area.
22    (b) Make and enter into all contracts with property owners,
23developers, tenants, overlapping taxing bodies, and others
24necessary or incidental to the implementation and furtherance
25of its redevelopment plan and project. Contract provisions
26concerning loan repayment obligations in contracts entered

 

 

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1into on or after the effective date of this amendatory Act of
2the 93rd General Assembly shall terminate no later than the
3last to occur of the estimated dates of completion of the
4redevelopment project and retirement of the obligations issued
5to finance redevelopment project costs as required by item (3)
6of subsection (n) of Section 11-74.4-3. Payments received under
7contracts entered into by the municipality prior to the
8effective date of this amendatory Act of the 93rd General
9Assembly that are received after the redevelopment project area
10has been terminated by municipal ordinance shall be deposited
11into a special fund of the municipality to be used for other
12community redevelopment needs within the redevelopment project
13area.
14    (c) Within a redevelopment project area, acquire by
15purchase, donation, lease or eminent domain; own, convey,
16lease, mortgage or dispose of land and other property, real or
17personal, or rights or interests therein, and grant or acquire
18licenses, easements and options with respect thereto, all in
19the manner and at such price the municipality determines is
20reasonably necessary to achieve the objectives of the
21redevelopment plan and project. No conveyance, lease,
22mortgage, disposition of land or other property owned by a
23municipality, or agreement relating to the development of such
24municipal property shall be made except upon the adoption of an
25ordinance by the corporate authorities of the municipality.
26Furthermore, no conveyance, lease, mortgage, or other

 

 

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1disposition of land owned by a municipality or agreement
2relating to the development of such municipal property shall be
3made without making public disclosure of the terms of the
4disposition and all bids and proposals made in response to the
5municipality's request. The procedures for obtaining such bids
6and proposals shall provide reasonable opportunity for any
7person to submit alternative proposals or bids.
8    (d) Within a redevelopment project area, clear any area by
9demolition or removal of any existing buildings and structures.
10    (e) Within a redevelopment project area, renovate or
11rehabilitate or construct any structure or building, as
12permitted under this Act.
13    (f) Install, repair, construct, reconstruct or relocate
14streets, utilities and site improvements essential to the
15preparation of the redevelopment area for use in accordance
16with a redevelopment plan.
17    (g) Within a redevelopment project area, fix, charge and
18collect fees, rents and charges for the use of any building or
19property owned or leased by it or any part thereof, or facility
20therein.
21    (h) Accept grants, guarantees and donations of property,
22labor, or other things of value from a public or private source
23for use within a project redevelopment area.
24    (i) Acquire and construct public facilities within a
25redevelopment project area, as permitted under this Act.
26    (j) Incur project redevelopment costs and reimburse

 

 

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1developers who incur redevelopment project costs authorized by
2a redevelopment agreement; provided, however, that on and after
3the effective date of this amendatory Act of the 91st General
4Assembly, no municipality shall incur redevelopment project
5costs (except for planning costs and any other eligible costs
6authorized by municipal ordinance or resolution that are
7subsequently included in the redevelopment plan for the area
8and are incurred by the municipality after the ordinance or
9resolution is adopted) that are not consistent with the program
10for accomplishing the objectives of the redevelopment plan as
11included in that plan and approved by the municipality until
12the municipality has amended the redevelopment plan as provided
13elsewhere in this Act.
14    (k) Create a commission of not less than 5 or more than 15
15persons to be appointed by the mayor or president of the
16municipality with the consent of the majority of the governing
17board of the municipality. Members of a commission appointed
18after the effective date of this amendatory Act of 1987 shall
19be appointed for initial terms of 1, 2, 3, 4 and 5 years,
20respectively, in such numbers as to provide that the terms of
21not more than 1/3 of all such members shall expire in any one
22year. Their successors shall be appointed for a term of 5
23years. The commission, subject to approval of the corporate
24authorities may exercise the powers enumerated in this Section.
25The commission shall also have the power to hold the public
26hearings required by this division and make recommendations to

 

 

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1the corporate authorities concerning the adoption of
2redevelopment plans, redevelopment projects and designation of
3redevelopment project areas.
4    (l) Make payment in lieu of taxes or a portion thereof to
5taxing districts. If payments in lieu of taxes or a portion
6thereof are made to taxing districts, those payments shall be
7made to all districts within a project redevelopment area on a
8basis which is proportional to the current collections of
9revenue which each taxing district receives from real property
10in the redevelopment project area.
11    (m) Exercise any and all other powers necessary to
12effectuate the purposes of this Act.
13    (n) If any member of the corporate authority, a member of a
14commission established pursuant to Section 11-74.4-4(k) of
15this Act, or an employee or consultant of the municipality
16involved in the planning and preparation of a redevelopment
17plan, or project for a redevelopment project area or proposed
18redevelopment project area, as defined in Sections
1911-74.4-3(i) through (k) of this Act, owns or controls an
20interest, direct or indirect, in any property included in any
21redevelopment area, or proposed redevelopment area, he or she
22shall disclose the same in writing to the clerk of the
23municipality, and shall also so disclose the dates and terms
24and conditions of any disposition of any such interest, which
25disclosures shall be acknowledged by the corporate authorities
26and entered upon the minute books of the corporate authorities.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Notwithstanding any other provision of this Section to the
2contrary, with respect to a redevelopment project area
3designated by an ordinance that was adopted on July 29, 1998 by
4the City of Chicago, the City of Chicago shall adopt an
5ordinance repealing the area's designation as a redevelopment
6project area if no redevelopment project has been initiated in
7the redevelopment project area within 15 years after the
8designation of the area. The City of Chicago may retroactively
9repeal any ordinance adopted by the City of Chicago, pursuant
10to this subsection (r), that repealed the designation of a
11redevelopment project area designated by an ordinance that was
12adopted by the City of Chicago on July 29, 1998. The City of
13Chicago has 90 days after the effective date of this amendatory
14Act to repeal the ordinance. The changes to this Section made
15by this amendatory Act of the 96th General Assembly apply
16retroactively to July 27, 2005.
17(Source: P.A. 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
 
18    (65 ILCS 5/11-74.4-6)  (from Ch. 24, par. 11-74.4-6)
19    Sec. 11-74.4-6. (a) Except as provided herein, notice of
20the public hearing shall be given by publication and mailing;
21provided, however, that no notice by mailing shall be required
22under this subsection (a) with respect to any redevelopment
23project area located within a transit facility improvement area
24established pursuant to Section 11-74.4-3.3. Notice by
25publication shall be given by publication at least twice, the

 

 

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1first publication to be not more than 30 nor less than 10 days
2prior to the hearing in a newspaper of general circulation
3within the taxing districts having property in the proposed
4redevelopment project area. Notice by mailing shall be given by
5depositing such notice in the United States mails by certified
6mail addressed to the person or persons in whose name the
7general taxes for the last preceding year were paid on each
8lot, block, tract, or parcel of land lying within the project
9redevelopment area. Said notice shall be mailed not less than
1010 days prior to the date set for the public hearing. In the
11event taxes for the last preceding year were not paid, the
12notice shall also be sent to the persons last listed on the tax
13rolls within the preceding 3 years as the owners of such
14property. For redevelopment project areas with redevelopment
15plans or proposed redevelopment plans that would require
16removal of 10 or more inhabited residential units or that
17contain 75 or more inhabited residential units, the
18municipality shall make a good faith effort to notify by mail
19all residents of the redevelopment project area. At a minimum,
20the municipality shall mail a notice to each residential
21address located within the redevelopment project area. The
22municipality shall endeavor to ensure that all such notices are
23effectively communicated and shall include (in addition to
24notice in English) notice in the predominant language other
25than English when appropriate.
26    (b) The notices issued pursuant to this Section shall

 

 

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1include the following:
2        (1) The time and place of public hearing.
3        (2) The boundaries of the proposed redevelopment
4    project area by legal description and by street location
5    where possible.
6        (3) A notification that all interested persons will be
7    given an opportunity to be heard at the public hearing.
8        (4) A description of the redevelopment plan or
9    redevelopment project for the proposed redevelopment
10    project area if a plan or project is the subject matter of
11    the hearing.
12        (5) Such other matters as the municipality may deem
13    appropriate.
14    (c) Not less than 45 days prior to the date set for
15hearing, the municipality shall give notice by mail as provided
16in subsection (a) to all taxing districts of which taxable
17property is included in the redevelopment project area, project
18or plan and to the Department of Commerce and Economic
19Opportunity, and in addition to the other requirements under
20subsection (b) the notice shall include an invitation to the
21Department of Commerce and Economic Opportunity and each taxing
22district to submit comments to the municipality concerning the
23subject matter of the hearing prior to the date of hearing.
24    (d) In the event that any municipality has by ordinance
25adopted tax increment financing prior to 1987, and has complied
26with the notice requirements of this Section, except that the

 

 

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1notice has not included the requirements of subsection (b),
2paragraphs (2), (3) and (4), and within 90 days of the
3effective date of this amendatory Act of 1991, that
4municipality passes an ordinance which contains findings that:
5(1) all taxing districts prior to the time of the hearing
6required by Section 11-74.4-5 were furnished with copies of a
7map incorporated into the redevelopment plan and project
8substantially showing the legal boundaries of the
9redevelopment project area; (2) the redevelopment plan and
10project, or a draft thereof, contained a map substantially
11showing the legal boundaries of the redevelopment project area
12and was available to the public at the time of the hearing; and
13(3) since the adoption of any form of tax increment financing
14authorized by this Act, and prior to June 1, 1991, no objection
15or challenge has been made in writing to the municipality in
16respect to the notices required by this Section, then the
17municipality shall be deemed to have met the notice
18requirements of this Act and all actions of the municipality
19taken in connection with such notices as were given are hereby
20validated and hereby declared to be legally sufficient for all
21purposes of this Act.
22    (e) If a municipality desires to propose a redevelopment
23plan for a redevelopment project area that would result in the
24displacement of residents from 10 or more inhabited residential
25units or for a redevelopment project area that contains 75 or
26more inhabited residential units, the municipality shall hold a

 

 

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1public meeting before the mailing of the notices of public
2hearing as provided in subsection (c) of this Section. However,
3such a meeting shall be required for any redevelopment plan for
4a redevelopment project area located within a transit facility
5improvement area established pursuant to Section 11-74.4-3.3
6if the applicable project is subject to the process for
7evaluation of environmental effects under the National
8Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. The
9meeting shall be for the purpose of enabling the municipality
10to advise the public, taxing districts having real property in
11the redevelopment project area, taxpayers who own property in
12the proposed redevelopment project area, and residents in the
13area as to the municipality's possible intent to prepare a
14redevelopment plan and designate a redevelopment project area
15and to receive public comment. The time and place for the
16meeting shall be set by the head of the municipality's
17Department of Planning or other department official designated
18by the mayor or city or village manager without the necessity
19of a resolution or ordinance of the municipality and may be
20held by a member of the staff of the Department of Planning of
21the municipality or by any other person, body, or commission
22designated by the corporate authorities. The meeting shall be
23held at least 14 business days before the mailing of the notice
24of public hearing provided for in subsection (c) of this
25Section.
26    Notice of the public meeting shall be given by mail. Notice

 

 

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1by mail shall be not less than 15 days before the date of the
2meeting and shall be sent by certified mail to all taxing
3districts having real property in the proposed redevelopment
4project area and to all entities requesting that information
5that have registered with a person and department designated by
6the municipality in accordance with registration guidelines
7established by the municipality pursuant to Section
811-74.4-4.2. The municipality shall make a good faith effort to
9notify all residents and the last known persons who paid
10property taxes on real estate in a redevelopment project area.
11This requirement shall be deemed to be satisfied if the
12municipality mails, by regular mail, a notice to each
13residential address and the person or persons in whose name
14property taxes were paid on real property for the last
15preceding year located within the redevelopment project area.
16Notice shall be in languages other than English when
17appropriate. The notices issued under this subsection shall
18include the following:
19        (1) The time and place of the meeting.
20        (2) The boundaries of the area to be studied for
21    possible designation as a redevelopment project area by
22    street and location.
23        (3) The purpose or purposes of establishing a
24    redevelopment project area.
25        (4) A brief description of tax increment financing.
26        (5) The name, telephone number, and address of the

 

 

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1    person who can be contacted for additional information
2    about the proposed redevelopment project area and who
3    should receive all comments and suggestions regarding the
4    development of the area to be studied.
5        (6) Notification that all interested persons will be
6    given an opportunity to be heard at the public meeting.
7        (7) Such other matters as the municipality deems
8    appropriate.
9    At the public meeting, any interested person or
10representative of an affected taxing district may be heard
11orally and may file, with the person conducting the meeting,
12statements that pertain to the subject matter of the meeting.
13(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
 
14    (65 ILCS 5/11-74.4-8)   (from Ch. 24, par. 11-74.4-8)
15    Sec. 11-74.4-8. Tax increment allocation financing. A
16municipality may not adopt tax increment financing in a
17redevelopment project area after the effective date of this
18amendatory Act of 1997 that will encompass an area that is
19currently included in an enterprise zone created under the
20Illinois Enterprise Zone Act unless that municipality,
21pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
22amends the enterprise zone designating ordinance to limit the
23eligibility for tax abatements as provided in Section 5.4.1 of
24the Illinois Enterprise Zone Act. A municipality, at the time a
25redevelopment project area is designated, may adopt tax

 

 

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1increment allocation financing by passing an ordinance
2providing that the ad valorem taxes, if any, arising from the
3levies upon taxable real property in such redevelopment project
4area by taxing districts and tax rates determined in the manner
5provided in paragraph (c) of Section 11-74.4-9 each year after
6the effective date of the ordinance until redevelopment project
7costs and all municipal obligations financing redevelopment
8project costs incurred under this Division have been paid shall
9be divided as follows, provided, however, that with respect to
10any redevelopment project area located within a transit
11facility improvement area established pursuant to Section
1211-74.4-3.3 in a municipality with a population of 1,000,000 or
13more, ad valorem taxes, if any, arising from the levies upon
14taxable real property in such redevelopment project area shall
15be allocated as specifically provided in this Section:
16    (a) That portion of taxes levied upon each taxable lot,
17block, tract or parcel of real property which is attributable
18to the lower of the current equalized assessed value or the
19initial equalized assessed value of each such taxable lot,
20block, tract or parcel of real property in the redevelopment
21project area shall be allocated to and when collected shall be
22paid by the county collector to the respective affected taxing
23districts in the manner required by law in the absence of the
24adoption of tax increment allocation financing.
25    (b) Except from a tax levied by a township to retire bonds
26issued to satisfy court-ordered damages, that portion, if any,

 

 

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1of such taxes which is attributable to the increase in the
2current equalized assessed valuation of each taxable lot,
3block, tract or parcel of real property in the redevelopment
4project area over and above the initial equalized assessed
5value of each property in the project area shall be allocated
6to and when collected shall be paid to the municipal treasurer
7who shall deposit said taxes into a special fund called the
8special tax allocation fund of the municipality for the purpose
9of paying redevelopment project costs and obligations incurred
10in the payment thereof. In any county with a population of
113,000,000 or more that has adopted a procedure for collecting
12taxes that provides for one or more of the installments of the
13taxes to be billed and collected on an estimated basis, the
14municipal treasurer shall be paid for deposit in the special
15tax allocation fund of the municipality, from the taxes
16collected from estimated bills issued for property in the
17redevelopment project area, the difference between the amount
18actually collected from each taxable lot, block, tract, or
19parcel of real property within the redevelopment project area
20and an amount determined by multiplying the rate at which taxes
21were last extended against the taxable lot, block, track, or
22parcel of real property in the manner provided in subsection
23(c) of Section 11-74.4-9 by the initial equalized assessed
24value of the property divided by the number of installments in
25which real estate taxes are billed and collected within the
26county; provided that the payments on or before December 31,

 

 

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11999 to a municipal treasurer shall be made only if each of the
2following conditions are met:
3        (1) The total equalized assessed value of the
4    redevelopment project area as last determined was not less
5    than 175% of the total initial equalized assessed value.
6        (2) Not more than 50% of the total equalized assessed
7    value of the redevelopment project area as last determined
8    is attributable to a piece of property assigned a single
9    real estate index number.
10        (3) The municipal clerk has certified to the county
11    clerk that the municipality has issued its obligations to
12    which there has been pledged the incremental property taxes
13    of the redevelopment project area or taxes levied and
14    collected on any or all property in the municipality or the
15    full faith and credit of the municipality to pay or secure
16    payment for all or a portion of the redevelopment project
17    costs. The certification shall be filed annually no later
18    than September 1 for the estimated taxes to be distributed
19    in the following year; however, for the year 1992 the
20    certification shall be made at any time on or before March
21    31, 1992.
22        (4) The municipality has not requested that the total
23    initial equalized assessed value of real property be
24    adjusted as provided in subsection (b) of Section
25    11-74.4-9.
26    The conditions of paragraphs (1) through (4) do not apply

 

 

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1after December 31, 1999 to payments to a municipal treasurer
2made by a county with 3,000,000 or more inhabitants that has
3adopted an estimated billing procedure for collecting taxes. If
4a county that has adopted the estimated billing procedure makes
5an erroneous overpayment of tax revenue to the municipal
6treasurer, then the county may seek a refund of that
7overpayment. The county shall send the municipal treasurer a
8notice of liability for the overpayment on or before the
9mailing date of the next real estate tax bill within the
10county. The refund shall be limited to the amount of the
11overpayment.
12    It is the intent of this Division that after the effective
13date of this amendatory Act of 1988 a municipality's own ad
14valorem tax arising from levies on taxable real property be
15included in the determination of incremental revenue in the
16manner provided in paragraph (c) of Section 11-74.4-9. If the
17municipality does not extend such a tax, it shall annually
18deposit in the municipality's Special Tax Increment Fund an
19amount equal to 10% of the total contributions to the fund from
20all other taxing districts in that year. The annual 10% deposit
21required by this paragraph shall be limited to the actual
22amount of municipally produced incremental tax revenues
23available to the municipality from taxpayers located in the
24redevelopment project area in that year if: (a) the plan for
25the area restricts the use of the property primarily to
26industrial purposes, (b) the municipality establishing the

 

 

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1redevelopment project area is a home-rule community with a 1990
2population of between 25,000 and 50,000, (c) the municipality
3is wholly located within a county with a 1990 population of
4over 750,000 and (d) the redevelopment project area was
5established by the municipality prior to June 1, 1990. This
6payment shall be in lieu of a contribution of ad valorem taxes
7on real property. If no such payment is made, any redevelopment
8project area of the municipality shall be dissolved.
9    If a municipality has adopted tax increment allocation
10financing by ordinance and the County Clerk thereafter
11certifies the "total initial equalized assessed value as
12adjusted" of the taxable real property within such
13redevelopment project area in the manner provided in paragraph
14(b) of Section 11-74.4-9, each year after the date of the
15certification of the total initial equalized assessed value as
16adjusted until redevelopment project costs and all municipal
17obligations financing redevelopment project costs have been
18paid the ad valorem taxes, if any, arising from the levies upon
19the taxable real property in such redevelopment project area by
20taxing districts and tax rates determined in the manner
21provided in paragraph (c) of Section 11-74.4-9 shall be divided
22as follows, provided, however, that with respect to any
23redevelopment project area located within a transit facility
24improvement area established pursuant to Section 11-74.4-3.3
25in a municipality with a population of 1,000,000 or more, ad
26valorem taxes, if any, arising from the levies upon the taxable

 

 

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1real property in such redevelopment project area shall be
2allocated as specifically provided in this Section:
3        (1) That portion of the taxes levied upon each taxable
4    lot, block, tract or parcel of real property which is
5    attributable to the lower of the current equalized assessed
6    value or "current equalized assessed value as adjusted" or
7    the initial equalized assessed value of each such taxable
8    lot, block, tract, or parcel of real property existing at
9    the time tax increment financing was adopted, minus the
10    total current homestead exemptions under Article 15 of the
11    Property Tax Code in the redevelopment project area shall
12    be allocated to and when collected shall be paid by the
13    county collector to the respective affected taxing
14    districts in the manner required by law in the absence of
15    the adoption of tax increment allocation financing.
16        (2) That portion, if any, of such taxes which is
17    attributable to the increase in the current equalized
18    assessed valuation of each taxable lot, block, tract, or
19    parcel of real property in the redevelopment project area,
20    over and above the initial equalized assessed value of each
21    property existing at the time tax increment financing was
22    adopted, minus the total current homestead exemptions
23    pertaining to each piece of property provided by Article 15
24    of the Property Tax Code in the redevelopment project area,
25    shall be allocated to and when collected shall be paid to
26    the municipal Treasurer, who shall deposit said taxes into

 

 

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1    a special fund called the special tax allocation fund of
2    the municipality for the purpose of paying redevelopment
3    project costs and obligations incurred in the payment
4    thereof.
5    The municipality may pledge in the ordinance the funds in
6and to be deposited in the special tax allocation fund for the
7payment of such costs and obligations. No part of the current
8equalized assessed valuation of each property in the
9redevelopment project area attributable to any increase above
10the total initial equalized assessed value, or the total
11initial equalized assessed value as adjusted, of such
12properties shall be used in calculating the general State
13school aid formula, provided for in Section 18-8 of the School
14Code, until such time as all redevelopment project costs have
15been paid as provided for in this Section.
16    Whenever a municipality issues bonds for the purpose of
17financing redevelopment project costs, such municipality may
18provide by ordinance for the appointment of a trustee, which
19may be any trust company within the State, and for the
20establishment of such funds or accounts to be maintained by
21such trustee as the municipality shall deem necessary to
22provide for the security and payment of the bonds. If such
23municipality provides for the appointment of a trustee, such
24trustee shall be considered the assignee of any payments
25assigned by the municipality pursuant to such ordinance and
26this Section. Any amounts paid to such trustee as assignee

 

 

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1shall be deposited in the funds or accounts established
2pursuant to such trust agreement, and shall be held by such
3trustee in trust for the benefit of the holders of the bonds,
4and such holders shall have a lien on and a security interest
5in such funds or accounts so long as the bonds remain
6outstanding and unpaid. Upon retirement of the bonds, the
7trustee shall pay over any excess amounts held to the
8municipality for deposit in the special tax allocation fund.
9    When such redevelopment projects costs, including without
10limitation all municipal obligations financing redevelopment
11project costs incurred under this Division, have been paid, all
12surplus funds then remaining in the special tax allocation fund
13shall be distributed by being paid by the municipal treasurer
14to the Department of Revenue, the municipality and the county
15collector; first to the Department of Revenue and the
16municipality in direct proportion to the tax incremental
17revenue received from the State and the municipality, but not
18to exceed the total incremental revenue received from the State
19or the municipality less any annual surplus distribution of
20incremental revenue previously made; with any remaining funds
21to be paid to the County Collector who shall immediately
22thereafter pay said funds to the taxing districts in the
23redevelopment project area in the same manner and proportion as
24the most recent distribution by the county collector to the
25affected districts of real property taxes from real property in
26the redevelopment project area.

 

 

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1    Upon the payment of all redevelopment project costs, the
2retirement of obligations, the distribution of any excess
3monies pursuant to this Section, and final closing of the books
4and records of the redevelopment project area, the municipality
5shall adopt an ordinance dissolving the special tax allocation
6fund for the redevelopment project area and terminating the
7designation of the redevelopment project area as a
8redevelopment project area. Title to real or personal property
9and public improvements acquired by or for the municipality as
10a result of the redevelopment project and plan shall vest in
11the municipality when acquired and shall continue to be held by
12the municipality after the redevelopment project area has been
13terminated. Municipalities shall notify affected taxing
14districts prior to November 1 if the redevelopment project area
15is to be terminated by December 31 of that same year. If a
16municipality extends estimated dates of completion of a
17redevelopment project and retirement of obligations to finance
18a redevelopment project, as allowed by this amendatory Act of
191993, that extension shall not extend the property tax
20increment allocation financing authorized by this Section.
21Thereafter the rates of the taxing districts shall be extended
22and taxes levied, collected and distributed in the manner
23applicable in the absence of the adoption of tax increment
24allocation financing.
25    If a municipality with a population of 1,000,000 or more
26has adopted by ordinance tax increment allocation financing for

 

 

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1a redevelopment project area located in a transit facility
2improvement area established pursuant to Section 11-74.4-3.3,
3for each year after the effective date of the ordinance until
4redevelopment project costs and all municipal obligations
5financing redevelopment project costs have been paid, the ad
6valorem taxes, if any, arising from the levies upon the taxable
7real property in that redevelopment project area by taxing
8districts and tax rates determined in the manner provided in
9paragraph (c) of Section 11-74.4-9 shall be divided as follows:
10        (1) That portion of the taxes levied upon each taxable
11    lot, block, tract or parcel of real property which is
12    attributable to the lower of (i) the current equalized
13    assessed value or "current equalized assessed value as
14    adjusted" or (ii) the initial equalized assessed value of
15    each such taxable lot, block, tract, or parcel of real
16    property existing at the time tax increment financing was
17    adopted, minus the total current homestead exemptions
18    under Article 15 of the Property Tax Code in the
19    redevelopment project area shall be allocated to and when
20    collected shall be paid by the county collector to the
21    respective affected taxing districts in the manner
22    required by law in the absence of the adoption of tax
23    increment allocation financing.
24        (2) That portion, if any, of such taxes which is
25    attributable to the increase in the current equalized
26    assessed valuation of each taxable lot, block, tract, or

 

 

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1    parcel of real property in the redevelopment project area,
2    over and above the initial equalized assessed value of each
3    property existing at the time tax increment financing was
4    adopted, minus the total current homestead exemptions
5    pertaining to each piece of property provided by Article 15
6    of the Property Tax Code in the redevelopment project area,
7    shall be allocated to and when collected shall be paid by
8    the county collector as follows:
9            (A) First, that portion which would be payable to a
10        school district whose boundaries are coterminous with
11        such municipality in the absence of the adoption of tax
12        increment allocation financing, shall be paid to such
13        school district in the manner required by law in the
14        absence of the adoption of tax increment allocation
15        financing; then
16            (B) 80% of the remaining portion shall be paid to
17        the municipal Treasurer, who shall deposit said taxes
18        into a special fund called the special tax allocation
19        fund of the municipality for the purpose of paying
20        redevelopment project costs and obligations incurred
21        in the payment thereof; and then
22            (C) 20% of the remaining portion shall be paid to
23        the respective affected taxing districts, other than
24        the school district described in clause (a) above, in
25        the manner required by law in the absence of the
26        adoption of tax increment allocation financing.

 

 

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1    Nothing in this Section shall be construed as relieving
2property in such redevelopment project areas from being
3assessed as provided in the Property Tax Code or as relieving
4owners of such property from paying a uniform rate of taxes, as
5required by Section 4 of Article IX of the Illinois
6Constitution.
7(Source: P.A. 98-463, eff. 8-16-13.)
 
8    (65 ILCS 5/11-74.6-22)
9    Sec. 11-74.6-22. Adoption of ordinance; requirements;
10changes.
11    (a) Before adoption of an ordinance proposing the
12designation of a redevelopment planning area or a redevelopment
13project area, or both, or approving a redevelopment plan or
14redevelopment project, the municipality or commission
15designated pursuant to subsection (l) of Section 11-74.6-15
16shall fix by ordinance or resolution a time and place for
17public hearing. Prior to the adoption of the ordinance or
18resolution establishing the time and place for the public
19hearing, the municipality shall make available for public
20inspection a redevelopment plan or a report that provides in
21sufficient detail, the basis for the eligibility of the
22redevelopment project area. The report along with the name of a
23person to contact for further information shall be sent to the
24affected taxing district by certified mail within a reasonable
25time following the adoption of the ordinance or resolution

 

 

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1establishing the time and place for the public hearing.
2    At the public hearing any interested person or affected
3taxing district may file with the municipal clerk written
4objections to the ordinance and may be heard orally on any
5issues that are the subject of the hearing. The municipality
6shall hear and determine all alternate proposals or bids for
7any proposed conveyance, lease, mortgage or other disposition
8of land and all protests and objections at the hearing and the
9hearing may be adjourned to another date without further notice
10other than a motion to be entered upon the minutes fixing the
11time and place of the later hearing. At the public hearing or
12at any time prior to the adoption by the municipality of an
13ordinance approving a redevelopment plan, the municipality may
14make changes in the redevelopment plan. Changes which (1) add
15additional parcels of property to the proposed redevelopment
16project area, (2) substantially affect the general land uses
17proposed in the redevelopment plan, or (3) substantially change
18the nature of or extend the life of the redevelopment project
19shall be made only after the municipality gives notice,
20convenes a joint review board, and conducts a public hearing
21pursuant to the procedures set forth in this Section and in
22Section 11-74.6-25. Changes which do not (1) add additional
23parcels of property to the proposed redevelopment project area,
24(2) substantially affect the general land uses proposed in the
25redevelopment plan, or (3) substantially change the nature of
26or extend the life of the redevelopment project may be made

 

 

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1without further hearing, provided that the municipality shall
2give notice of any such changes by mail to each affected taxing
3district and by publication once in a newspaper of general
4circulation within the affected taxing district. Such notice by
5mail and by publication shall each occur not later than 10 days
6following the adoption by ordinance of such changes.
7    (b) Before adoption of an ordinance proposing the
8designation of a redevelopment planning area or a redevelopment
9project area, or both, or amending the boundaries of an
10existing redevelopment project area or redevelopment planning
11area, or both, the municipality shall convene a joint review
12board to consider the proposal. The board shall consist of a
13representative selected by each taxing district that has
14authority to levy real property taxes on the property within
15the proposed redevelopment project area and that has at least
165% of its total equalized assessed value located within the
17proposed redevelopment project area, a representative selected
18by the municipality and a public member. The public member and
19the board's chairperson shall be selected by a majority of
20other board members.
21    All board members shall be appointed and the first board
22meeting held within 14 days following the notice by the
23municipality to all the taxing districts as required by
24subsection (c) of Section 11-74.6-25. The notice shall also
25advise the taxing bodies represented on the joint review board
26of the time and place of the first meeting of the board.

 

 

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1Additional meetings of the board shall be held upon the call of
2any 2 members. The municipality seeking designation of the
3redevelopment project area may provide administrative support
4to the board.
5    The board shall review the public record, planning
6documents and proposed ordinances approving the redevelopment
7plan and project to be adopted by the municipality. As part of
8its deliberations, the board may hold additional hearings on
9the proposal. A board's recommendation, if any, shall be a
10written recommendation adopted by a majority vote of the board
11and submitted to the municipality within 30 days after the
12board convenes. A board's recommendation shall be binding upon
13the municipality. Failure of the board to submit its
14recommendation on a timely basis shall not be cause to delay
15the public hearing or the process of establishing or amending
16the redevelopment project area. The board's recommendation on
17the proposal shall be based upon the area satisfying the
18applicable eligibility criteria defined in Section 11-74.6-10
19and whether there is a basis for the municipal findings set
20forth in the redevelopment plan as required by this Act. If the
21board does not file a recommendation it shall be presumed that
22the board has found that the redevelopment project area
23satisfies the eligibility criteria.
24    (c) After a municipality has by ordinance approved a
25redevelopment plan and designated a redevelopment planning
26area or a redevelopment project area, or both, the plan may be

 

 

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1amended and additional properties may be added to the
2redevelopment project area only as herein provided. Amendments
3which (1) add additional parcels of property to the proposed
4redevelopment project area, (2) substantially affect the
5general land uses proposed in the redevelopment plan, (3)
6substantially change the nature of the redevelopment project,
7(4) increase the total estimated redevelopment project costs
8set out in the redevelopment plan by more than 5% after
9adjustment for inflation from the date the plan was adopted, or
10(5) add additional redevelopment project costs to the itemized
11list of redevelopment project costs set out in the
12redevelopment plan shall be made only after the municipality
13gives notice, convenes a joint review board, and conducts a
14public hearing pursuant to the procedures set forth in this
15Section and in Section 11-74.6-25. Changes which do not (1) add
16additional parcels of property to the proposed redevelopment
17project area, (2) substantially affect the general land uses
18proposed in the redevelopment plan, (3) substantially change
19the nature of the redevelopment project, (4) increase the total
20estimated redevelopment project cost set out in the
21redevelopment plan by more than 5% after adjustment for
22inflation from the date the plan was adopted, or (5) add
23additional redevelopment project costs to the itemized list of
24redevelopment project costs set out in the redevelopment plan
25may be made without further hearing, provided that the
26municipality shall give notice of any such changes by mail to

 

 

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1each affected taxing district and by publication once in a
2newspaper of general circulation within the affected taxing
3district. Such notice by mail and by publication shall each
4occur not later than 10 days following the adoption by
5ordinance of such changes.
6    Notwithstanding Section 11-74.6-50, the redevelopment
7project area established by an ordinance adopted in its final
8form on December 19, 2011 by the City of Loves Park may be
9expanded by the adoption of an ordinance to that effect without
10further hearing or notice to include land that (i) is at least
11in part contiguous to the existing redevelopment project area,
12(ii) does not exceed approximately 16.56 acres, (iii) at the
13time of the establishment of the redevelopment project area
14would have been otherwise eligible for inclusion in the
15redevelopment project area, and (iv) is zoned so as to comply
16with this Act prior to its inclusion in the redevelopment
17project area.
18    (d) After the effective date of this amendatory Act of the
1991st General Assembly, a municipality shall submit the
20following information for each redevelopment project area (i)
21to the State Comptroller under Section 8-8-3.5 of the Illinois
22Municipal Code, subject to any extensions or exemptions
23provided at the Comptroller's discretion under that Section,
24and (ii) to all taxing districts overlapping the redevelopment
25project area no later than 180 days after the close of each
26municipal fiscal year or as soon thereafter as the audited

 

 

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1financial statements become available and, in any case, shall
2be submitted before the annual meeting of the joint review
3board to each of the taxing districts that overlap the
4redevelopment project area:
5        (1) Any amendments to the redevelopment plan, or the
6    redevelopment project area.
7        (1.5) A list of the redevelopment project areas
8    administered by the municipality and, if applicable, the
9    date each redevelopment project area was designated or
10    terminated by the municipality.
11        (2) Audited financial statements of the special tax
12    allocation fund once a cumulative total of $100,000 of tax
13    increment revenues has been deposited in the fund.
14        (3) Certification of the Chief Executive Officer of the
15    municipality that the municipality has complied with all of
16    the requirements of this Act during the preceding fiscal
17    year.
18        (4) An opinion of legal counsel that the municipality
19    is in compliance with this Act.
20        (5) An analysis of the special tax allocation fund
21    which sets forth:
22            (A) the balance in the special tax allocation fund
23        at the beginning of the fiscal year;
24            (B) all amounts deposited in the special tax
25        allocation fund by source;
26            (C) an itemized list of all expenditures from the

 

 

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1        special tax allocation fund by category of permissible
2        redevelopment project cost; and
3            (D) the balance in the special tax allocation fund
4        at the end of the fiscal year including a breakdown of
5        that balance by source and a breakdown of that balance
6        identifying any portion of the balance that is
7        required, pledged, earmarked, or otherwise designated
8        for payment of or securing of obligations and
9        anticipated redevelopment project costs. Any portion
10        of such ending balance that has not been identified or
11        is not identified as being required, pledged,
12        earmarked, or otherwise designated for payment of or
13        securing of obligations or anticipated redevelopment
14        project costs shall be designated as surplus as set
15        forth in Section 11-74.6-30 hereof.
16        (6) A description of all property purchased by the
17    municipality within the redevelopment project area
18    including:
19            (A) Street address.
20            (B) Approximate size or description of property.
21            (C) Purchase price.
22            (D) Seller of property.
23        (7) A statement setting forth all activities
24    undertaken in furtherance of the objectives of the
25    redevelopment plan, including:
26            (A) Any project implemented in the preceding

 

 

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1        fiscal year.
2            (B) A description of the redevelopment activities
3        undertaken.
4            (C) A description of any agreements entered into by
5        the municipality with regard to the disposition or
6        redevelopment of any property within the redevelopment
7        project area.
8            (D) Additional information on the use of all funds
9        received under this Division and steps taken by the
10        municipality to achieve the objectives of the
11        redevelopment plan.
12            (E) Information regarding contracts that the
13        municipality's tax increment advisors or consultants
14        have entered into with entities or persons that have
15        received, or are receiving, payments financed by tax
16        increment revenues produced by the same redevelopment
17        project area.
18            (F) Any reports submitted to the municipality by
19        the joint review board.
20            (G) A review of public and, to the extent possible,
21        private investment actually undertaken to date after
22        the effective date of this amendatory Act of the 91st
23        General Assembly and estimated to be undertaken during
24        the following year. This review shall, on a
25        project-by-project basis, set forth the estimated
26        amounts of public and private investment incurred

 

 

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1        after the effective date of this amendatory Act of the
2        91st General Assembly and provide the ratio of private
3        investment to public investment to the date of the
4        report and as estimated to the completion of the
5        redevelopment project.
6        (8) With regard to any obligations issued by the
7    municipality:
8            (A) copies of any official statements; and
9            (B) an analysis prepared by financial advisor or
10        underwriter setting forth: (i) nature and term of
11        obligation; and (ii) projected debt service including
12        required reserves and debt coverage.
13        (9) For special tax allocation funds that have received
14    cumulative deposits of incremental tax revenues of
15    $100,000 or more, a certified audit report reviewing
16    compliance with this Act performed by an independent public
17    accountant certified and licensed by the authority of the
18    State of Illinois. The financial portion of the audit must
19    be conducted in accordance with Standards for Audits of
20    Governmental Organizations, Programs, Activities, and
21    Functions adopted by the Comptroller General of the United
22    States (1981), as amended, or the standards specified by
23    Section 8-8-5 of the Illinois Municipal Auditing Law of the
24    Illinois Municipal Code. The audit report shall contain a
25    letter from the independent certified public accountant
26    indicating compliance or noncompliance with the

 

 

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1    requirements of subsection (o) of Section 11-74.6-10.
2    (e) The joint review board shall meet annually 180 days
3after the close of the municipal fiscal year or as soon as the
4redevelopment project audit for that fiscal year becomes
5available to review the effectiveness and status of the
6redevelopment project area up to that date.
7(Source: P.A. 97-146, eff. 1-1-12; 98-922, eff. 8-15-14.)
 
8    Section 10. The Eminent Domain Act is amended by changing
9Section 10-5-65 as follows:
 
10    (735 ILCS 30/10-5-65)  (was 735 ILCS 5/7-122)
11    Sec. 10-5-65. Reimbursement; inverse condemnation.
12    (a) Except as provided in subsection (b), when When the
13condemning authority is required by a court to initiate
14condemnation proceedings for the actual physical taking of real
15property, the court rendering judgment for the property owner
16and awarding just compensation for the taking shall determine
17and award or allow to the property owner, as part of that
18judgment or award, further sums as will, in the opinion of the
19court, reimburse the property owner for the owner's reasonable
20costs, disbursements, and expenses, including reasonable
21attorney, appraisal, and engineering fees actually incurred by
22the property owner in those proceedings.
23    (b) When the condemning authority is required to initiate
24condemnation proceedings of property impacted directly or

 

 

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1indirectly by the Chicago Transit Authority Red-Purple
2Modernization Project, the court rendering judgment for the
3property owner and awarding just compensation for the taking
4shall determine and award or allow to the property owner, as
5part of that judgment or award, further sums as will, in the
6opinion of the court, reimburse the property owner for the
7owner's reasonable costs, disbursements, diminution, and
8expenses, including reasonable attorney, appraisal, and
9engineering fees actually incurred by the property owner in
10those proceedings.
11(Source: P.A. 94-1055, eff. 1-1-07.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.